• 

1874. CONGRESSIONAL RECORD. 5245 

Tho President desires tha£ you will regulate your official conduct upon the principles that llavo been tatcd; butjf any extraordinary caae occurs, you will report it to this Department with all possible ruspatch. I am, very respectfully, sir, your obedient servant, 

P. L. B. DUPLESSIS, Esq., (]ollector, New Orleans. 

. .A.. J. D.ALL.A.S, 

Secretary of the 'I'reaSttry. 

It may be asked what benefit will the passage of this resolution be 

to our struggling political brothers iu Cuba, and wherein is their 

independence so surely to follow Sir, ever inca this struggle our country ha-S been in the unmanly attitude of holding the Cuban down 

while the Spaniard is fighting him. We have long :felt the meanne s and unmanliness of our false position; but they say it is our treaty 

obligation to Spain that compels us ~o violate our consc~ence by opening our doors and stores to the Sparnsh slaveholder, while to the poor 

slave and the Cuban we must sell or give nothing, noli even a cup of 

cold water or kind expression of sympathy. Shameful attitude in 

the eyes of our own self-respect! How must we, the giant and paternal 

republic of the New ·world, appear in the estimation of the weak but 

chivalroUS" republics of Mexico and South America, who long ago 

recognized the belligerent rights of the infant republic of Cuba f 

Spain has all the privileges of trade and facilities in the ports of 

the United States, replenishes her war stores, and repairs her ships 

of war in American ports whenever necessity may demand; and with 

her thirty gun-boat , built but a few years ago for her in the ·United 

States, she has indeed every advantage, except in valor on an equal 

battle-field, over the Cuban.~, who are not allowed by the guardians 

of the law and the treaty to receive any instruments of warfare, 

either by purch~e or contribution, from liberty-loving friends and 

sympathizers. · But the most ridiculous posture in which diplomacy has placed us is, that while we are stooping over to hold the poor Cuban on his 

back, and all in zealous and delicate fulfillment of the treaty, the 

haughty captain-general kicks us in the back, while his Catalan volunteer sticks a knife between our shoulder, and then blusteringly 

refers us to Madrid for apology or redress ; and to Madrid we go only 

to find a government that stands more in awe of the captain-general 

than he does of it. 

Under such humiliating circumstances wha,t American does not admire the Roman spirit of that grand old Senator, Thomas H. Benton, 

who on the floor of the American Senate, in a debate upon the rev- olution for liberty in the Spanish South American provinces, said: 

In such a case I declare it to by my sentiment that treaties are nothin~, books are nothing, laws are nothing ; that the paramount law of God and nature 1s eyerything · and that the American soldier, hearing the cry of helplessness and weak- ness ~d rememberin~. only that he was a man born of woman and the father of 

chil;b;n, should fly to tue rescue, and strike to prevent the further perpetration of 

crimes that shook nll.ID1tnity and dishonor the a.ge I 

With ·the passage of this resolution will come the proclamation of 

equal privileges and advantages in all ports and pla~es within the 

United States. Impartial neutrality will then be observed by our Government between the Cuban and the Spanish belligerents, and 

equal liberties to pur ue the operations of war and purchase military stores will be accorded to both parties. With this reco~nition 

will also follow an observance of the rules of civilized wartare on the part of Spain, and her now unchecked barbarities would cease, or interference would be justifiable on the part of enlightened nations as in the case of Greece in her war of independence against Tmkey. 

This would be placing the oppressor and the oppressed upon an equal footing, and nerved by love of liberty and valor, and cheered 

by the certainty of fair play, how long would it be before the prowess 

of the Cubans and the hosts of their friends who would spring out of 

the earth like the mailed warriors that sprang from the sowing of the 

dragon's teeth would plant the flag of victory over every rood of that 

glorious isl~nd. . Did not Mr. Webster, the ablest lawyer and most learned diplomatist, as Secretary of State, declare to the British minister, lli. Fox, 

in 1841, as follows 7 • 

It is well known t.o Mr. Fox that authorities of the highest eminence in England 

living and dead, have maintained that the general law of nations does not forbid 

the citizens or subject-so£ one government from taking part in the civil commotions 

of another. 

But I am done. Whatever our a~tion may be upon this resolution, 

while its passage would be like the outburst of the sun upon the 

mariner laboring for safety in a mighty storm, nevertheless the fail- ure of its pa8Sage will not put out a single camp-fire of liberty on that devoted island. God and the American people will still keep 

watch over it, until the fullness of time shall bring it triumphantly 

into the family of nations. I believe this glorious time is not far distant, for the mills of the gods have ~ound slowly but surely for six 

years, and the upper and the nether mill stone will soon come together. 

Under no possible contingency, without involving the interests 

ancl safety of the United States in constant jeopardy, can our Government much longer subordinate its sympathy and recognition of 

independence to the haughty behests of diplomacy, for the impulses 

of political and human natme toward this kindred people in Cuba are stronger than the webs of heartle s diplomacy, and American 

patriotism stands ready to enthusiastically assume the responsibility. 

LEAVE TO PRINT. 

Mr. DAVIS, by unanimous consent, obtained leave to print some _ :remarks on the civil-rights bill. (See Appendix.) 

Mr. ROBINSON, of Ohio, by unanimous consent, obtained leave to 

print some remarks on the charge of bigamy against the Delegat-e from Utah. (See Appendix.) 

Mr. MERRIAM, by unanimous consent, obtained leave to print some remarks. (See Appendix.) 

Mr. HERNDON, by unanimous consent, obtained leave to print some remarks upon the republican party, it.~ mi ion ended without 

the necessary constituent elements for future succe . (See Appendix.) 

.And then, on motion of Mr. NILES, (at twelve o'clock and five 

minutes, a.m.,) the House adjourned. 

PETITIONS, ETC. 

The following memorials, petitions, and other papers were presented 

at the Clerk's desk, under the rule, and refeiTed as stated: 

By Mr. BUTLER, of Tennessee: The protest of Creek, Choctaw, 

and Cherokee delegates, against the allotment of thou: l::mds and apportionment of their national funds as p1·oposed in House bill No.' 

2143, to the Committee on Indian Affairs. 

By Mr. CLEMENTS: The petition of GrenvilleM. Weeks, of Wa-shington, District of Columbia, for the correction of an unjust and con- tradictory pravi.so in the peusion laws, to the Committee on Invalid 

Pensions. 

By Mr. CRUTCHFIELD : The petition of W. H. Mayett and others, 

for an appropriation to pay the amounts respectively due them for 

labor done on the Tenne ee River between Chattanooga and Kingston, Tennessee, to the Committee on Commerce. 

By Mr. GARFIELD: The petition of working men of Mineral Ridge, 

Trumbull County, Ohio, for the restoration of the 10 per cent. duty on iron and steel and for free banking, to the Committee on Ways and Means. 

By Mr. PL..A.TT, of Virginia: The petition of James Shickler, late 

of Company K, First United States Infantry, for bounty money, to 

the Committee on Military Affairs. 

By Mr. SCUDDER, of New York : The petition of William Garratt, 

for arrears of pension, to the Committee on Invalid Pensions. 

IN SENATE.· 

SATURDAY, June 20, 1874. 

The Senate met at eleven o'clock a.m. Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. 

On motion of Mr. SPENCER, and by unanimous consent, the reading of the Journal of yesterday'-s proceedings was dispensed with. 

SUSPENSION OF JOINT RULES. 

Mr. WEST. I offer a resolution concerning the order of business 

and ask its immediate consideration: · 

Resolved by the Se-nate, (the Home of Represtmtatives concu:rringt) That the sixteenth and seventeenth joint rules of the two Houses be suspendoo for tho residue 

of the present session. 

The resolution was considered by unanimous consent, and agreed to. 

'l'he joint rules refened to are as follows : 

16. No bill that shall have passed one House shall be sent for concurrence to the 

other on either of the last tbiee days of the session. 17. No bill or resolution that sh II have pas ed the Honse of Representatives and 

tho Senate hall be presented to the President of the United States, for his appro- bation, on the last day of the session. 

W ABHINGTO~ CITY AND POINT LOOKOUT RAILROAD. 

Mr. IDTCHCOCK. I move that the Senate proceed to the consideration of House bill No. 3025. 

The motion wa-s agreed to; and the bill (H. R. No. 3025) supplementary to the act entitled ".An act to authorize the Washington City 

and Point Lookout Railroad Company to extend a railroad int-o and 

within the District of Columbia,"approvedJanuary2'2, 1873, was con- sidered as in Committee of the Whole. 

The bill had been r eported by the Committee on the District of 

Columbia with amendments. The first amendment was to strike out 

the following words from line 35 to line 42 : 

And that all the rights con£ rred by this act are to be exorcised and enjoyed by said company only npon the condition that said company shall first remove all the 

work it has done toward locating its track between the Insane Asylum and the Potoma-c River, and on the further condition that it shall never locate or operate said road, or any part thereof, between said asylum and thePotoma<: River. 

And in lieu thereof to insert: 

A.ndpovidedfurther, That said Washington Cit:v and Point Lookout Railroad 

Company shall construct il:.8 railroad in the county ofWa.alringtonherein authori,-;ed so that wherever it ohall cross any J?Ublic road l.t shall oro s ~he same by an over- grade or undergrade crossmg, by bndge or tunnel, so as not to rmpede public travel 

npon said roat:ls, and shall construct that part of said rnilrQad along Rock Creek, in 

the valley of said creek, passin,!! west of the P street bridge, by a tunnel through 

the hill west of said P street bridge; and said road crossings and said tunnel shall 

be located and constructed in accordance with plans and specifications to be first 

approved in writing by the engineer in charge of public buildings and grounds. 

Mr. EDl\-fUNDS. I do not lrnow anything abont this bill; but I 

tried yesterday morning to have the Senate go to the Calendar of unobjected cases in order that we might with justice to all dispo e of matters reported to which there is no objection. Now, in order to test tha 
• 

5246 CONGRESSIONAL RECORD. JUNE 20, 

sense of the Senate whether it is willing to do that thing or not-not 

hu.ving any antagonism to this bill, which I knownothing about, but 

it may as well be tried on this bill as any other, because I shall only 

have one chance in seventy-three of getting the floor aft.er this is 

disposed of-! move to postpone the present order and to proceed to 

the Calendar. 

Mr. HITCHCOCK. The bill is up already and I hope the Senator 

will allow it to pa s. :Mr. EDMUNDS. I hope the Senator from Nebraska will under- st and my motive; and that is that on some bill or other I wish the 

Senate to det ermine whether it will take up the unobjected cases in 

their order or not; and a.s this happens to be the bill that is up, I 

will not take time to debate, but I make this motion so as to know 

what the Senat e wishes to do, to postpone this and all prior orders, 

and proceed to the Calendar of unobjected cases. The PRESIDENT p1·o tcmpo1·e. The Senator from Ver.::nont moves to postpone the pending bill and proceed to the Calendar of unobjected cases. Mr. BOREMAN. I have no objection to going to the Calendar; but 

it seems to me it is unfair to have merely the unobjected cases con- sidered. There are some bills here to which there may be some objection that are as meritorious as others and that ought to be considered. 

I do not think this action ought to be so restricted as to confine it to unobjected ca es. I have no objection to going to the Calendar and con idering all ca es in their order. 

l\fr. HITCHCOCK. It seems to me that this matter was settled 

before the Senator from Vermont raised his point of order, and after action is had on this bill his motion will then be in order. 

Mr. EDMUNDS. I do not mu.ke any point of order. I make a mo- tion, in order to test the sense of the Senate, that we proceed to the 

unobjected cases on the Calendar. 

Mr. ANTHONY. Has this bill been taken up f 

Mr. HITCHCOCK. It was before the Senator came in. 

The PRESIDEN'l' pro tempm·e. The question is on the motion of 

the Senator from Vermont to postpone this bill and proceed to the 

Calendar of unobjected cases. Mr. ANTHONY. Subject to morning business. 

The motion was agreed to-ayes 27, noes not counted. 

PETITIONS AND MEl\10RIALS. 

Mr. ANTHONY. Are 1·eports in order f • The PRESIDENT p1·o tempore. The Chair will receive morning 

busine s. Petitions and memorials are now in order. 

Mr. FENTON pre ented the petitionoftbeNewYorkWomen'sSocial 

Education. Society, calling attention to the necessity of passing the appropriation of a conscience fund to the e t ablishment and support of 

the ReformSchoolfor out cast girls in the District of Columbia; which was referred to the Committee on the District of Columbia. 

He also presented the petit.ion of Charlotte A. von Cort, executrix 

of C. J . von Cort, praying compensation for the use by the United 

States Navy of his submarine torpedo shell and its appliances; which was referred to the Committee on Claims. 

Mr. BOGY presented the memorial of S. W. Penyman and other 

delegates of the Indian Territory, remonstrating against the allotment of their lands and the apportionment of their funds as proposed 

by House bill No. 2143; which was referred to the Committee on Indian Affairs. 

Mr. DENNIS presented papers relating to the application of John 

V. Sola way for a pension; which were referred to the Committee on 

Pensions. 

Mr. BUCKINGHAM presented a memorial of Rev. Theodore D. 

Woolsey, late president of Yale College, Ron. Henry P. Haven, Ron. 

L. F. S. Foster, and 37 other highly influential and respectable citi- zens of Connecticut, asking aid for Joseph Ebierbing and his wife 

Hannah, Esquimaux survivors of the late Polaris expedition, on ac- count of services rendered by Joseph, by which the Tyson party was saved; which was referred to the Committee on Commerce. 

HARPER'S FERRY PROPERTY. 

Mr. DAVIS. I present a joint resolution of the Legislature of West 

Virginia, asking that the property of the Government at Harper's 

F erry, sold in 1869, be made available for water-power, &c. I ask that 

the resolution be read, and I want to make a very brief statement. The PRESIDENT pro ten1,p01·e. If there be no objection the resolution will be read. 

The Chief Clerk read a.s follows : 

Joint r esolution req uirin~ and instructing our re:presenta.tives in Congress to favor 

the passage of a bill to r esell the water pnvileges at Harper's Ferry. 

Whereas at a public sale under a~t of Congress held in the town of Harper's Ferry, county of J efferson, West Virginia, in the latter part of Novembert 1869, of 

tho water privil ~es at tho said town owned by the United States, the smd water privilege were "Q1d in by a Mr. F. C. Adams, giving bonds and seoruity at one and two yeaTS r espectively to secure payments; and whereas the said bonds having matured and the said F. C. Adams having failed to comply with the agreement named : Therefore, B e it r esolved l:ly the L egislatur e of West Virginia, That as a means of affording r elief to the citizens of saiu t own and surrounding oountry, as well as to advance the interests of the State, our enators in Con~es be in tructed, and om· Repre. sentatives requested, to favor the pa-ssage of a bill authorizing the Secretary of War to r esell the same. Resolved further, That a copy of the foregoing preamble and resolution be trans- mitted by his excellency t he g_overnor of this State to the President of the Senate 

of the United States and to the S:pea'ker of the House of Representatives and to our Senators and Representatives ill Congress. ' 

Adopted January 17, 1874. 

A true oopy from the rolls. 

J. B. PEYTON, Olerk of House of Delegates and Keeper of the Rclls. 

Mr. DAVIS. Now I offer a resolution : 

. Wher~as what is known as the H;arpers Ferry armory property was sold at pub- lic salem 1869 to F. C. Adams by direction of the War Department, and the entire 

purchase-money thereof has long since boon due, but no part thereof has been paid · and whereas from the neglect of said property it is fast depreciating .and being d ~ stroyed in value, to the pecuniary loss and suffering of the peop1e of Harper 's 

F erry; and whereas a decree from the proper court has been granted for the r esale of said property in order to obtain the purcha.se.money, with interest and oosts : Therefore, Resolved, Thatt.he Attorney-General be requested to proceed at once by all legal mean~ to enf<?rce he ~ll ction of the amount due the Government by F. C. Adams 

and his sureties on s:ud purcha.se and to effectuate a resale of said property. 

I ask for the present consideration of the resolution. There is no objection to it. :Mr. WEST. Is that intended to be an instruction to the AttorneyGeneral to resell that property f 

Mr. DAVIS. It is to collect the money in the most speedy way. 

The property was sold in 1B69 and bas been goinrr to destruction since. The parties who. bought it, instead of complying with the terms of 

the sale, have done nothing to comply with them, and the property now belongs to the Government and is fast going to de truction. No 

part of the purcha e-money having been paid, tbi resolution is to 

instruct the Attorney-General to proceed at once to make the money 

in the name of the United States. 

Mr. WEST. And jf be does make the money, what then 'I 

1\Ir. HOWE. What is the question before tho Senate f 

The PRESIDENT pro tmnpm·e. Whether the Senate will proceed to 

the consideration of the resolution. 

1\Ir. DAVIS. I hope it will be passed. It is important. I have 

consulted the Judiciary Committee in regard to it. 

Mr. HOWE. We are executin~ .a regular order now. I do not think we ought to waste the time in tnis way. The PRESIDENT pro tempore. Objection is made, and the resolution will lie over. Mr. MORRILL of Vermont. I hope the Senate will allow this res- olution to pass. I have looked into the matter for some years, and I 

know it is just and for the interest of the Government that this should 

take plaee. 

Mr. DAVIS. I hope the Senator from Wisconsin will withdraw his 

objection. There will be no debate on this. . Mr. HOWE. Bills to which there was not the slightest objection 

have gone over already under objection, because Senators wish to go on with the Calendar. 

Mr. DAVIS. I will state to my friend that this resolution-- The PRESIDENT p1·o tentpm·e. Objection is made. 

Mr. DAVIS. I ask my friend to withdraw his objection. It is very 

important. 

Mr. EDMUNDS. Let us have the regular order. 

TRANSPORTATION REPOH.T. 

Mr. ANTHONY. The Committee on Printing, to whom was referred a concurrent resolution from the House of Repre entatives to print 

six thousand extra copies of the report of the Select Committee of the 

Senate on Transportation to the Sea-board, instruct me to report it 

back with an amendment a.nd ask for its present consideration. 

The Senate proceeded to consider the resolution. 

The amendment was to strike out all after the word" sea-board" 

and insert : 

Thirty-six hundred oopies of which shall be for the use of the House of Repre- sentatives, i~hteen hundred for the use of the Senate, and six hundred for the use of the Se1ect Committee of the Senate on Transportation to the Sea-board. 

So as to make the resolution read: 

.Resolved by the House of Reprcsmtat:ives, (the Senate wncurrin!J.) That there be 

printed sb; thousand oopies of the r eport, with appendix and eVIdence, of the Select Committee of the Senate on Transportation to the Sea-board, thirty-six hun· 

dred copies of which shall be for the use of the House of Representatives, eighteen hunclred copies for the use of iohe Senate, and six hundred oopies for the use of the 

Select Committee of the Senate on Transportation to the Sea-board. 

The amendment was agreed to. 

The resolution, as amended, was concurred in. 

EDUCATIO~AL REPORT. 

Mr. ANTHONY. I am instructed by the same committee to report 

back a concurrent resolution of the House to print twenty thousaml 

copies of the report of the Commissioner of Education with an amendment. The Senn.te proceeded to consider the resolution. The amendment was to make the resolution read : . 

Resolved, (the Senate concurring,) That there be printed five thousand copies of 

the report of the Commissioner of Education for 1813, of which twentv-five hundred· oopies shall be for the use of the Commissioner, ancl twenty .fi vehunClred oopies shall be sold a.t the cost of paper and press-work, with an addition of 10 per cent., 

by the Congressional Printer. 

The amendment wa agreed to. 

The resolution, as amended, was concurred in. 

MARINE-HOSPITAL REPORT. 

Mr. ANTHONY. The same committee, to whom was referred a con- current resolution from the House of Representatives to print addi-
1874. CONGRESSIONAL RECORD. 5247 

tional copies of the report of J ohn W. Woodworth, supervising sur- geon of the marine hospitals, have instmcted me to ropo1·t it back with 

<"l>n amendment and recommend its passage. The House resolution 

provided for the publication of five thousand copieR of this report. The committee recommend· that the number be reduced to one thousand 

and that they be for the use of the 'freasur;y Department. 

The resolution a.s proposed to be amended wa read, ~ follows: 

Resolved, (the Senate concurring,) That tbe Government Printer be instructed to print one thousand copies of the r eport of John W. Woodworth, supernsing sur- geon of the marine-ho pi tal service of the United States, for the year 1873, for the use of the Treasury Department. 

The amendment wa.s agreed to. 

The resolution, as amended, was concurred in. 

COURTS rN ALABAMA. 

Mr. SPENCER. I move that the Senate proceed to the consideration of the order of business, No. 719, being a House bill relative to 

circuit courts of the United States in Alabama. 

Mr. HAMILTON, of Maryland. I rise to morning business. 

The PRESIDENT pro tempore. The motion of the Senator from 

Alabama is out of order without unanimous consent. Is there objection 'I 

Mr. EDMUNDS. I insist on the regular order. 

Mr. HAMILTON, of Maryland. I rise to morning business. 

1\Ir. SPENCER. I have morning business, but I wish to preface it 

by making a statement. Two-thirds of the State of Alabama is today without any United States court whatever, and there is a bill on the Calendar, House bill No. 2246, relating to circuit courts of the 

United States for the district of Alabama, which will enable us to have a United States court during the vacation of Congres . It is reported 

from the Committee on the Judiciary. It is a terrible state of affairs 

for .two-thirds of a ~tate to be without a United States court, and I 

desrre to call up that bill. 

The PRESIDENT pro tempore. Is there unanimous consent to proceed to the consideration of the bill indicated by the Senator from 

Alabama 'I 

.Mr. EDMUNDS. I make the point of order that the Senate has 

ordered that we proceed with the Calendar of unobjected cases, and 

until the order is discharged the Senator cannot make this motion. 

Mr. SPENCER. In answer to the statement of the Senator from 

Vermont I will say that this bill is at the foot of the Calendar and 

there i.~ no probability of its being reached if we go to the Calendar. 

The PRESIDENT pro tempm·e. The Senator from Alabama has a perfect right to ask the Senate to give him unanimous consent to 

proceed to the consideration of the bill. That is all he did do. A 

single objection of course disposes of it. 

Mr. EDUUNDS. I object. 

The PRESIDENT pro tem]Jore. Objection is made. The Chair will 

receive reports of committees. 

REPORTS OF COMMITTEES. 

Mr. SPENCER. '.l'he Committee on Military Affairs, to whom was referred the bill (H. R. No. 3757) for the transfer of twenty condemned 

bronze cannon for the erection 'of a statue to the late Major-General 

George Gordon Meade, have instructed me to report it back without 

amendment and ask the concurrence of the Senate. I desire to have 

the bill read. 

The PRESIDENT pro ternpore. If there be no objection, the bill 

will be read. 

:Mr. EDMUNDS. I object. 

The PRESIDENT pro tempore. Let it be read by its title. 

Mr. SPENCER. It ha..~ a right to be read. 

Mr. EDMUNDS. I beg the Senator's pardon. Let the bill go on the Calendar. 

The PRESIDENT pro ternpore . . The bill will be placed on the Calendar. 

Mr. HAMILTON, o.f Maryland, from the Committee on Patents, to ~hom was referr~d the petition of Eliza Wells, admini tratrix, prayrng for an extensiOn of the patent of HenryS. Wells for forming hatbodies, submitted an adversereport thereon ; which was ordered to be 

printed, and the committee was discharged from the further consideration of the petition. 

He also, from the same committee, to whom was referred the petition of Allen B. Wilson, praying for the extension of patents No. 346 

and 314, relating to sewing-machines, submitted an adverse report 

thereon; which was ordered to be ·printed, and the committee was discharged from the further consideration of the petition. . He also,. ~om the s~e committee, to whom was referred the peti- liLO~ of·William H. Akins and Jacob D. Felthousen, praying for relief 

for rnventing new and useful improvements in sewing-machines re- ported adversely thereon, and asked to be discharged· from its :fu.rilier 

consideration; which was agreed to. 

Mr. MORRILL, of Vermont. By consent of those members of the 

Comrnittee on Public Buildin~s and Grounds who are present, as we 

sh_all not have another m~eting, I report back the following bills 

Without amendment and Without recommendation: 

A bill (H. R. No. 3761) directing the Secretary of the Treasury to 

report upon the necessity of n. public building at the city of Auburn, New York; and . A bill (H. R. No. 3762) to amend the act entitled "An act for the 

erection of a public building for the use of the United States in 

Atlanta, Georgia." 

?tir. HAMLIN, from the Committee on Post-Offices and Post-Roads, 

who were instructed by a resolution of the Senate of the 11th instant 

to inquire whether any further legislation is necessary to secure the 

transportation of the addit.ipnal semi-monthly mail between San 

Franci co, Japan, and China, submitted a report thereon; which was ordered to be printed. 

Mr. FERRY, of Michigan, from the Committee on Post-Offices and 

Post-Roads: to whom was referred the bill (H. R. No. 3Gll) for the 

relief of Nelson Green, reported it without amendment. 

Mr. WAD LEIGH, from the Committee on Military Affairs, to whom was referred the bill (H. R. No. 1410) fi.xin~ the salaries of the clerks 

at the United States armory in Springfi.elct, Massa-chusetts, reported 

it without amendment. 

:Mr. BOREMAN, from the Committee on Territories, to whom was referred the bill (H. R. No. 2884) granting the right of way through 

the public lands to the Arkansas Valley Railway Company, reported 

it without amendment. 

:Mr. WRIGHT, from the Committee on the Judiciary, to whom was refened the bill (H. R. No. 3628) for the relief of owners and purchasers of lands sold for direct taxes in in urrectionary States, and 

for other purposes, asked to be discharged from its further consideration, and that it be referred to the Committee on Finance; which was agreed to. · Mr. PATTERSON,from theCommitteeonPensions, to whom was re- ferred the petition of Mrs. Emily Slaughter, praying to be allowed a pension, asked to be discharged from its further consideration, and that 

the petitioner have leave to withdraw her petition and papers for the 

purpose of presentation at the Pension Office; which was agreed to. 

BILLS INTRODUCED. 

:Mr. MORRILL, of Vermont. By request of a friend I ask leave to 

introduce a bill about which I know nothing. 

Leave was granted to introduce a bill (S. No. 960) for the relief of 

Theodore Vala.de, of Louisiana; which was read twice by its title, 

and referred to the Committee on Claims . 

STREET RAILWA.Y IN WASHINGTON. 

The PRESIDENT pro tfml,pm·e. The Secretary will now report tho 

first bill on the Calendar. - The CHIEF CLERK. The first bill on the Calendar, resuming at the 

point where the Calendar was left off when it was last considered, is 

the bill (H. R. No. 2102) to incorporate the Capitol, North 0 Street 

and South Washington Railway Company. • Mr. SHERMAN. We have no time to consider that bill. 

The PRESIDENT pro tempore. The bill will be laid a-side and the 

next bill will be reported. 

MINERAL LANDS IN :MISSOURI .u.-n KANSA.S. 

The next bill on the Calendar was the bill (H. R. No. 2543) in relation to mineral lands. 

Mr. BOGY. I wish to move an amendment to that bill. 

Mr. BOUTWELL. I think it had better go over. The PRESIDENT pt·o tem,po're. The bill will be laid a.side. 

COINA.GE OF A TWENTY -CENT PIECE. 

The next bill on the Calendar was the bill (S. No. 468) authorizing 

the coinage of a twenty-cent piece of silver at the mints of the United 

States. 

· :Mr. STEW .ART. That ought to be passed. 

Mr. BOGY. I object. ~1r. SARGENT. The Senator announces that he will object to every 

bill that comes up. 

:Mr. BOGY. I will unless you pass mine. 

JESSE J. SIMKINS. 

The :q.ext bill on the Calendar was the bill (H. R. No. 1~0) for the 

relief of th~ sureties of the late Jesse J. Simkins, collector of the port 

of Norfolk, Virginia. 

Mr. BOGY. I object. 

Mr. EDMUNDS. I was going to ask that the bill be referred to tho 

Committee on the Judiciary. We considered it la ·t year and came to a different conclusion from what the Committee on Finance do now. As it is purely a question of law as to discharging a surety, I 

think we ought to be allowed· to reconsider it, with a view to see if we were right or our friends of the Finance Committee are. The PRESIDENT pro ternpm·e. The Senator from Vermont asks 

that this bill be referred to the Committeeon the Judiciary. . Mr. EDMUNDS. I ask unanimous consent, not to take time. 

There being no objection,. the bill was referred to 'lihe Committee on the Judiciary. PRESIDIO RESERVA.TION. 

The next bill on the Calendar was the bill (S. No. 492) authorizing 

the city and county of San Francisco to use the Presidio reservation as a park and highway. 

The PRESIDENT p1·o tempore. Is there objection"' 

1\Ir. EDMUNDS. That will lead to debate. 

The PRESIDENT pro tentpore. The Senator objects, and it will be 

passed over. 
5248 CONGRESSIONAL RECORD. JUNE 20, 

Mr. HAGER. I did not understand that there was an objection 

made. 

The PRESIDENT p1·o tempore. The Chair did. 

JAMES A.J.~D EMMA S. CAMERON, 

The nextbillontheCalendar was the bill (S. No. 647) to pay James _ and Emma S. Cameron for property t'aken and used by the Army 

during the late war. Mr. SHERMAN. That is one of those contested claims. 

The PRESIDENT pro tempm·e. DoeR the Senator objectf 

Mr. SHERMAN. I ask members of the committee if that is not one 

of the conte ted war claims for damages' 

Mr." SCOTT. It is a case reported by the Senat.or from Wes_t Vir- ~inia for damages by occupation of real e tate, for fire-wood, &c., 

furnished to the Army during its occupation of the country around 

Chattanooga. That is the nature of the claim. 

Mr. SHERMAN. I object. 

The PRESIDENT pro tempore. The bill will be laid aside, and the 

next bill on the Calendar will be reported. 

CHIPPEWA INDIANS. 

The next bill on the Calendar was the bill (S. No. 648) making an appropriation for the relief of the Chippewa Indians attached to the 

Red Cliif and Bad River reservations in Wi cousin. 

Mr. INGALLS. The appropriation called for by that bill haa been 

provided for in the Indian appropriation bill. I move that the bill 

be indefinitely po tponed. 

The motion was agreed to. 

PETER 8. PATTON. 

The next bill on the Calendar was the bill (H. R. No. 753) for the 

relief of Peter S. Patton; which was considered as in Committ~e of 

the Whole. 

The preamble recites that in the month of March, 1872, the postoffice at Burlington, Kansa-s, was burglariously entered and robbed of 

public moneys and property to the amount of $420; that such robbery was effected without fault or negligence on the part of the postmaster, 

PeterS. Patton; and that he has paid to the United States the amount 

and value of the moneys and property so stolen, and expended in the 

pursuit and arrest of-the burglars the further sum of $100. The bill 

therefore provides for paying to Peter S. Patton '510 to reimburse 

him for the payments and expenses so by him made and incurred. 

The Committee on Post-Offices and Post-Roads proposed to amend 

the bill by strilcing out " 510," and inserting '' 420." 

The amendment w:1s agreed to. 

The bill was reported to the Senate as amended, and the amendment wa-s concurred in. 

The amendment was ordered to be engrossed, and the bill to be 

read a third time. 

The bill was read the third time, and passed. 

MARKING Al'o.'D CANCELlliG STAMPS. 

The next bill on the Calendar was the bill (S. No. 434) referring to 

the Court of CL'lim , for adjudication and determination, the claims 

of the parties therein named for the past and future u e of the Norton postmarking and postage-canceling hand-stamp and the Robertson 

improved hand- tamp. 

Mr. EDMUNDS. Let that go over. 

COINAGE OF TWENTY-CENT PIECES. 

Mr. BOGY. I move that Senate bill No. 468, authorizing the coin~ 

age of a twenty-cent piece of silver at the mints of the United States, 

be taken up,. which wa passed a moment ago on my objection. 

POSTAL TELEGRAPH, 

The PRESIDENT pro tempm·e. The next bill will be reported. 

The next bill on the Calendar wa-s the bill (S. No. 651) to provide 

for the transmission of corre pondence by telegraph. 

The PRESIDENT pro tmnpm·e. Is there objection 7 

Several Senators objected. 

COINAGE OF TWENTY-CE.l"'iT PIECES. 

Mr. SARGENT. I rise to ask a question. The Senator from Missouri objected to a bill a short timo since and he desii"es to with(lraw 

that objection. Cannot that now be taken up Y 

The PRESIDENT Jn'o tempm·c. The bill has been passed in order. 

The next bill on the Calendar will be reported. 

LANDS IN UTAH. 

The next bill on the Calendar was the bill (S. No. 425) for there!'-

tora.tion to market of certain lands in the Territory of Utah; which 

was considered as in Committee of the Whole. It repeals so much of 

the act of Congress approved .May 5, 1864, entitled clAn act to vacate 

and sell the pre ent !~dian reservation in Utah Territory, and to 

settle Indians of said Territory in the Uinta Valley," as directs the 

Secretary of the Interior to cause to be appraised and offer for sale 

upon sealed bids the reservations therein referred to, and the Secretary 

of the Interior is directed to restore the same to the public domain 

for <lis position as other public lands. 

The bill was reported to the Senate, orde1·ed to be engrossed for a third reading, road the third time, and passed. 

SPECIE PAYMENT. 

Mr. SPENCER. The next two bills are reported adversely. - The next bill on the Calendar was the bill (S. No. 124) providing 

for the resumption of pecie payments and for free banking. 

Mr. MORRILL, of Vermont. Let it be postponed to next session. 

The PRESIDENT p1·o ternpore. The Senator from Ve1·mont objects, 

and the next bill will be reported. 

Mr. HOWE. The next bill is objected to. 

The PRESIDENT p1·o tempore. Did the Senator from Alabama. move its indefinite postponement 7 

Mr. SPENCER. No; let it be laid aside. 

INTERNAL-REVE~"UE TAXES. 

The next bill on the Calendar was the bill (S. No. 408) to provide 

for the refunding of internal-revenue taxes improperly assessed and 

collected, which was reported ad verse1y by the Committee on Finance. 

Mr. WEST. I object to that. . · The PRESIDEN'l' pro te1npo-re. The bill will be laid aside. The 

next bill on the Calendar will be reported. 

Mr. EDMUNDS. I object to the next bill, which is the :Mennonite 

bill. GENERALS. W. CRAWFORD. 

The next ·bill on the Calendar was the bill (H. R. No. 2093) for the 

relief of General Samuel W. Cr.awford, United States Army. 

Mr. WRIGHT. I am sati :fied that bill must cro oveL'. 

The PRESIDENT p1·o tempore. It will be laid a-side, and the next 

bill will be reported. HUNTER'S CHAPEL. 

The next bill on the Calendar was .the bill (S. No. 682) for the relief 

of the board of trustees of the Methodist Episcopal church at Arlington Hei~hts, known as Hunter's Chapel. 

Mr. BOUTWELL. Let that go over. The PRESIDENT p1·o ternpore. The bill will be laid aside. 

WILLIAM PELHAM. 

The next bill on the Calendar was. the bill (H. R. No. 1370) to au- thorize the Secretary of the Interior to settle and pay the accounts 

of William Pelham, late surveyor-general of New Mexico; which wa.s considered as in Committee of the Whole. It requires the Secretary of 

the Interior to settle and pay whatever amount may be found due 

and owing by the Government to William Pelham a surveyor-general 

of t,he Territory; and appropriates$518.90, or so much thereof as may 

be necessary, for that purpo e. The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

W ASKING TON CITY AND POINT LOOKOUT RAILROAD. 

The next bill on the Calendar wa-s the bill (S. No. 463) supplementary to the act entitled "An act to authoriz,e the Washington City and 

Point Lookout Railroad Company to extend a railroad into and 

within the District of Columbia," approved January 22,1873. 

Mr. SPENCER. Idonotthinktherecan beanyobjection to this bill· -Mr. SHERMAN. It is a Senate bill, and I object. 

The PRESIDENT p·o tempore. The bill will be laid aside and the 

next bill will be reported. 

ZOOLOGICAL GARDEN. 

The next bill on the Calendar was the bill (S. No. 265) to establish 

the Corcoran Park and Zoological Garden, near the Capitol, in the 

District of Columbia, and to incorporate a society to maintain the 

same, and a company to construct a street railroad thereto. 

Mr. EDMUNDS. I object to that bill because I have examined it. 

The PRESIDENT pro tempo-re. The bill will be laid aside. 

PUBLIC PRINTING. 

The next bill on the Calendar was the bill (S. No. 689) to further 

regulate the public printing. _ Mr. EDMUNDS. The enator from Rhode Island [Mr. ANTHoNY) 

said that would lea-d to debate and it would not be of any use to take 

it up now. The PRESIDENT pro tempore. The bill will be laid aside. 

NATIONAL CURRE ""CY. 

The next bm on the Calendar was the bill (S. No. 396) to amend the 

act entitled "An act to provide a national currency secured by a pledge 

of United States bonds, and to provide for the ciroula tion and redem ption thereof," approved J nne 3, 1864. . Mr. HOWE. That tlnestion is settled. [Laughter.] 

The PRESIDENT pro tempore. The bill will be laid aside. 

1Ir. EDUUNDS. I am sure there cannot be any objection to that. 

[Laughter.] 

Mr. SPENCER. In order to facilitate busiile s I move that we act 

only on House bills. It is u eless to take up Senate bills now. 

Mr. EDMUNDS. That is not clear. 

HELENA ASSAY OFFICE. 

The next bill on the Calendar was the bill (8. No. 312) to establish an assay office at Helena, in the Territory of Montana. 

Mr. MORRILL, of Vermont. I think this bill has already been 

passed. 

The PRESIDENT pro ternpo1·e. It will- be laid a-side and the next 

hill on the Calendar will be reported. 
1874. CONGRESSIONAL RECORD~ 5249 

A.NACOSTIA. AND POTOMAC RIVER RAILROAD. 

The next l)ill on the Calendar was the bill (S. No. 575) briving the 

approval and sanction of ,Congre~ to the route and te~mini of the 

}...nacostia and Potomac River Railroad and to regulate 1ts construction. 

Mr. HITCHCOCK. I move that the Honse bill of the same title 

and the same language be substituted in place of that Senate bill. 

The PRESIDENT pro tempore. Is there objection to the present 

consideration of the bill 'I 

Mr. STEW ART. I object. 

Mr. ED~fUNDS, (to·Mr. HITCHCOCK.) When we come to the Honse 

bill you can accomplish what yon want. 

WARREN & MOORE. 

The next bill on the Calendar was the bill (S. No. 701) for therelief of ·warren & Moore, of Nashville, Tennessee . . M:r. EDMUNDS. That is a war claim. 1rir. BOUTWELL. Let it be passed over. The PUESIDENT pro tempore. The bill will be laid aside. 

COIXAGE ACT. 

The next bill on the Ca.lendar wa.s the bill (H. R. No. 2878) to amend the twenty-fifth section of the coinage act of 1873. . Mr. EDMUNDS. That had better be considered further. 

The PRESIDENT pro tempm·e. The bill will be pas eel over. 

ELIJAH LAWS. 

The next bill on the Calendar was the bill (S. No. 710) for the relief 

of E. Laws, chief engineer United States Navy; which wa-s read the 

second time, and considered as in Committee of the Whole. It provides that the services of Elijah Laws1 as first assistant ~ngineer of 

the United States Navy, shall be considered in every re pect except 

in that which may changehis present rank as though hehadrecciyed a warrant appointing him to that position on the 17th day of March, 

1863, the date of the warrants a first assistant engineers of those who 

entered the service next after him; and as chief engineer shall be 

considered in every respect except in .that which may change his 

present rank or position on tb~ Navy Register as having commenced on the 13th day of August, 1t!66, the date of the completion of the 

two years' sea service required for first assistant engineers before pro- motion after March 7, 1863. 

The bill was reported to the Senate without amendment, ordered 

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

DIREC1'-TA.X LAND SALES. 

The next bill on the Calendar was the bill (S. No. 343) for the relief 

of purchasers of lands sold for direct taxes in the- insurrectionary 

States; 

Mr. HOWE. That bill is reported adversely. 

Mr. EDMUNDS. Let it be postponed-indefinitely, so as to get it off 

the Calendar. 

The PRESIDENT p?'O ternp01·e. The bill will be postponed indefinitely if there be no objection. 

NEVADA COUNTY NARROW-GAUGE RAILROAD. 

The next bill on the Calendar was the bill (S. No. 666) granting to 

the Nevada County Narrow-gauge Railroad Company a right of way 

through the puplic lands for a railroad. · 

Mr. SARGENT. A simil:1r bill has been passed by both Houses. I 

therefore move that this bill be indefinitely postponed. 

The motion was agreed to. 

EQUALIZATION OF BOUNTIES. 

The next bill on the Calendar was the bill (S. No. 717) to equalize 

bounties of soldiers who served in the late war for the Union. Mr. EDMUNDS. That can be acted ·upon on the pension bill. It 

will be a.n ornament to that bill. I think it had better go over now. The PRESIDENT p1·o tmnpm·e. The bill will be laid aside. . 

SILAS I. FIELD A...'il> SAMUEL F. DALLEY. 

The next hill on the Calendar was the bill (S. No. 153) for the relief 

of Silas I. Field and the "heirs of the late Samuel F . Dalley, of the 

city of Little Rock, in the State of Arkansas. 

Mr. EDMUNDS. I suggest that t~'llt bill, which was reported ad- ver ely from the Committee on the Judiciary, be postponed indefinitely, if there be no objection. 

Mr. CLAYTON. I object. _ 

The PRESIDENT pro tentpm·e. Objection being made, the bill will 

remain on tb,e Calendar. ·• 

BIDS FOR INDIAN SUPPLIES. 

The next bill on the Calendar was the bill (S. No. 699) to regulate 

bids for goods, supplies, and transportation on account of the Indian 

service. 

Mr. INGALLS. The provisions of that bill having been incorporated in the general Indian appropriation bill, I move that it be 

postponed indefinitely. 

The motion. was agreed to:-

seoond se sion of the Thi:rty- eve nth Congre s, giving to nnnaturalized 

persons enlisting in the naval service or Marine Corps of the United 

!:;tates the same rights as are now given by law to such persons enlisted 

in the Army of tlw United States. 

Mr. ED.MUNDS. Let the bill be read for information, subject to 

objection. 

The Chief Clerk read the bill. 

Mr. MORRILL, of Maine. The effect of that bill ought to be ex- plaineu to us. 

The PRESIDENT pro tempore. Is there objection to the present 

consideration of the bill 

1\.Ir. SHERMAN. I object, unless an explanation is made of ita 

object. 

The PRESIDENT p1·o tempm·e. Objection being made, the bill will 

be laid a-side. · 

GOVERNMENT OF THE NAVY. 

The next bill on the Calendar was the bill (S. No. 706) to amend 

the act, approved July 17, 1862, entitled "An act for the better government of the Navy of the United States." 

1\Ir. EDMUNDS. That cannot be acted upon now. It is a general bill. 

The PRESIDENT pro tempo1·e. The bill will be laid a..side. 

FRANCES A. ROBL.~SON . 

The next bill on the · Calendar was the bill (S. No. 271) for the re- lief of Frances A. l?,obinson, administratrix of the estate of John M. 

Robinson, deceased. · The bill was read. 

Mr. INGALLS. I object. 

The PRESIDENT p1·o tempm·e. Objection being made, the bill will 

be laid aside. 

JOHN HASELTINE'S PATENT. 

The next bill on the Calendar wa-s the bill (S. No. 620) authorizing 

the extension of the patent granted to John Haseltine for a new and 

useful water-wheel. 

Mr. HITCHCOC~. I object. 

The PRESIDENT pro tempore. The bill will be laid aside. 

JOSHUA HATHAWAY'S PATENT. 

The next bill on the Calendar was the bill (S. No. 544) to enable 

Ann Jennette Hathaway, executrix of the last will and testament of 

Joshua Hathaway, deceased, to make application to the Commissioner 

of Patents for the exten§liou of ~tters-patent for improved device for 

converting reciprocating into rotary motion. - Mr. HITCHCOCK and Mr. TIPTON. I object. The PRESIDENT pro tmnpore. The bill will be laid aside. 

REYNOLD'S PATEl\'T BRAKE. 

The next bill on the Calendar was the bill (S. No. 537) for the ex- tension of the patent known aa Reynold's patented brake for power- looms.· 

1Ir. LEWIS. I object. 

The PRESIDENT p1·o tempore. The bill will be laid aside. 

EMANUEL SMALL AND JAMES TATE. 

The next bill on the Calendar was the bill (H. R. No. 2'270) making an appropriation to pay Emanuel Small and James Tate, of Atchison 

County, Mis onri, for carrying the mails, which was considered as in 

Committee of the Whole. 

The bill appropriate 110 to pay Emanuel Small and James Tate, 

of Atchison County, 1\Iissouri, the amount found by the Sixth Auditor 

of the Treasury to be due them for carrying the mails of the United 

States in the county of Atchison, under a contract with the United 

States, during the years 1868 and 1869. 

The bill· was reported to the Senate, ordered to a third reading, read the third time, and passed. · . 

JANE "DULANEY. 

The next bill on the Calendar was the bill (H. R. No. 2680) grant- ing a pension to 1Irs. Jane Dulaney. . 1\Ir. INGALLS. Let that bill go over. 

The PRESIDENT pro tempore. The bill will be passed over. 

DISTRICT SCHOOL-TEACHERS. 

The next bill on the Calendar was the bill (S. No. 723) to repeal a part of the act entitled "An act making appropriation for the pay- ment of .teachers in the public schools in the District of Columbia, 

and providing for the levy of a tax to reimburse the same," approved April - , 1874. . 

Mr. STEW ART. ·· A Honse bill on the same subject has been passed, and this ought to be indefinitely post-poned. · The bill was postponed indefinitely. 

WASH:INGTON INEBRIATE ASYLUM. 

The next bill on the Calendar was the bi.p. (S. No. 2"24) to incorporate the Washington City Inebriate Asylum in the District of Co- lumbia. 

Mr. INGALLS. I object. 

The PRESIDENT pro tempore. The bill will be laid aside. RIGHTS OF UNNATURALIZ"ED PERSONS IN THE NAVY. HENRY H. SIBLEY. 

' The next bill on the Calendar was the bill (H. R. No. 2330) to extend The next bill on tho Calendar was the bill (H. R. No. 1915) to re- the provisions of section 21 of chapter 200 of the acts passed at the move the political disabilities of Henry H. Sibley, a. citizen of Fred329 

• 
• 

5250 CONGRESSIONAL RECORD. JUNE 20, 

ericksburgh: Virginia; which was considered. as in Committee of the 

Whole. 

The Committee on the Judiciary propose to amend the bill so as to 

make it read: 

That all political disabilit.ies imposed by the fourteenth amendment of the Constitution of the Unitad States upon Henry H . Sibley, by r eason of his participation in the rebellion, be, and the same are hereby, r emoved. 

The amend.ments were agreed to. 

The bill was r eported to the Senate as amended, aud the amendments were tloncurred in. 

The amendments were ordered to be engrossed and the bill to be 

read a third tirno. The bill was read the third time and passed, two-thirds voting in 

favor thereof. 

THOl\:IA.S M. JOYES. 

The next bill on the Calendar 'was the bill (S. No. 523) to remove the disabilities of Thomas M. Jones, of Virginia; which was considered as in Committee of the Whole . . The bill was reported to the Senate, ordered to be engrossed for a third rea~~~' read the third time, anit passed by a two-thirds vote. 

Mr. EDMuNDS. The word "po!itical" should be inserted before 

"disabilities" in the title. 

The title was so amended. 

C. D. ANDERSON. 

The next bill on the Calendar was the bill (S. No. 674) to relieve C. 

D. Anderson of his legal :md political ilisttbilities; which wn.s considered as in Committee of t-he Whole. - The Committee on the Judiciary proposed to amend the bill by 

striking out the words "legal and" before "political." 

The amendment was agreed to. 

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

The bill was ordered to be engrossed for a third reading, read the 

third time, and passed. 

The title was amended by striking out the words "his legal and" 

before "political." 

ARKANSAS WESTERN JUDICIAL DISTRICT. 

The next bill on the Calendar was the bill (S. No. 248) to facilitate 

the trials of criminal causes in the western judicial district of Arkansas, and for other purposes. 

llfr. CLAYTON. I object. . . The PRESIDENT pro tentpo·re. The bill will be laid a-side. 

RETIREMENT OF ARMY OFFICERS. 

The next bill on the Calendar was the bill (S. No. 319) making 

retirement in the Army and Marine Corps after a certain age obligatory. 

Mr. INGALLS. I object. 

The PRESIDENT pro tempore. The bill will be laid aside. 

MARTIN KALBFLEISCH'S SO'YS. 

The next bill on the Calendar was the bill (H. R. No. 1578) for the 

relief of Martin Kalbfleisch's Sons; which was considered as in Committee of the Whole. It provides for the payment to Martin Kalbfleisch's Sons of $5,241.28, in full payment for acids furnished the 

United States assay office in the city of New York, in the years 1869 

and 1870. The bill was reported to the Seriate, ordered -to a third reading, 

read the third time, and passed. 

DABNEY H. MAURY •. 

The next bill on the Calendar was the bill (S. No. 743) to remove the political disabilities of Dabney H. Maury, of Virginia; which was read the secund time, and considered as in Committee of the Whole. 

The bill was reported to the Senate, ordered to be engrossed for a third reading, read the thircl time, and passed ... 

CHARLES M. FAUNTLEROY.· 

The next bill on the Calendar was the bill (S. No. 744) to remove the political disabilities of Charles M. Fauntleroy, of Virginia; which was read the second time, and considered a.s in Committee of the 

Whole. 

The bill wa.s reported to the Senate, ordered to be engrossed for a third rea.ding, rE}ad the third time, and pa.ssed. 

:METAL CASTINGS. 

The next bill on the Calendar wa.s the bill (S. No. 119) for the better security of property in patterns for metal castings. 

:h1r. WAD LEIGH. I move that that bill be indefinitely postponed. 

It is reported an.versely. • 

The motion was agreed to. 

OCEAN COURSES FOR STEA. :I-VESSELS. 

The next bill on the Calendar was the bill (S. No. 368) to provide 

for the establishment of an international commission of the maritime powers to lay down ocean courses for steam-ves els, and otherwise proviue for increased. safety of sea. travel; 

l\Ir. TIPTON. Let that be passed over. The PRESIDENT p1·o tempm·e. The bill will be laid aside. 

Mr. SHERMAN. Cannot a motiOn be made to lay on the t::~.ble the 

motion to reconsider in that case V This is a bill of considerable importance. It was passed and a motion to reconsider entered. I move to lay the motion to reconsider on the table. 

The PRESIDENT pl'o tempore. The question is on the motion of 

the Sen..'1tor from Ohio to lay the motion to reconsider on the table. Th·e motion was agreed to. Mr. SPRAGUE. My objection to that bill was simply that it con-- stitutes a new officer. My belief was th::~ t an officer already in the 

service of the Government should be designated. Mr. SHERMAN. The bill goes to the House of Representatives and 

they can amend it. 

The PRESIDENT p1·o tempore. The motion to reconsider was laid on the table.. That relieves the bill of tha.t motion, and it stands 

passed. GROSS OF MATCHES. 

The next bill on the Calendar was the bill (S. No. 728) to define a gross of matches, to provide for uniform packages, and for other purposes. 

lli. BOUTWELL. I object. 

The PRESIDENT pro tempore. The bill will bo laid aside. 

SCHOOLS IN MISSOURI. 

The next bill on the Calendar was the bill (H. R. No. 1764) to appropriate lands for the support of schools in certa.in fractional town- ships in the Sta.te of Missouri; which was considered as in Committee of the Whole. 

Section 1 provides for all fractional townships in the State of 

Missoru:i which are entitled to public lands for the support of schools, 

according to the provisions of the act of Congress approved March 

20, 1826, entitled "An act to appropriate lands for the support of 

schools in certain townships and :tractional townships not before provided. for," and for which no selections have heretofore been made, 

there shall be reserved and appropriated out of the public lands, for 

each of those fractional tovn~ships, the amount of land to which they were respectively entitled according to the provisions of that act. Section 2 provides that the land.s to which those fractional townships are so entitled shall be selected by the Commissioner of the 

General Land Office out of any unappropriated public land within 

the State of Missouri. 

The first amendment reported by the Committee on Public Lands was in section 1, line 6, to strike out the word "March" and insert 

"May." • · The amendment was agreed t o. The next amendment was in section 2, line 4, after the word "Missouri" to insert" subject to sale or location at 1.25 an acre." 

The amendment was agreed to. . ~Ir. HITCHCOCK. Does this bill provide for issuing land warrants 

to be located anywhere¥ ' · Mr. BOGY. No; it is only in the State of Missouri. 

Mr. HITCHCOCK. If " .Missouri" is stricken out I object to the bill. 

Mr. BOGY. "Missouri" is not stricken out. 

Mr. ED~fUNDS. That is ail right. 

The bill was reported to the Senate as amended, and the amendments were concurred in. 

The amendments were ordered to be engrossed and the bill to be 

read a third time. 

The bill was read the third time, and passed. 

MESSAGE FROM THE ROUSE. 

A message from the House of Representatives, by Mr. McPHERSON, 

its Clerk, announced that the House had agreed to the resolution of 

the Senate to suspend the sixteenth and seventeenth joint rules of the 

two Houses for the residue of the present session. 

PROTECTION OF TREES. 

The next bill on the Calendar was the bill (S. No. 524) to protect 

the timber lands of the United States Government reservatious and 

lands purchased by the United States; which was considered a.s in 

Committee of the Whole. 

The Committee on Public Lands proposed to amend the bill by 

inserting at the end thereof the following proviso: 

P.rovided, That nothing in this act shall be construed to apply to unsurveyed 

public lands and to public lands subject to pre-emption and. homestead laws, or to public lands subject to an act to promote t.hedevelopment of the mining resources of' 

the United States, approved May 10, 1872. 

The amendment was agreed to. 

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

The bill was ordered to be engrossed for a third reading, read the 

third time, and passed. 

The title wa.s amended so as to read: ''.A. bill to protect ornamental 

and other trees on Government reservations and on lands purch..'l.Sed 

by the United States, and for other purposes." 

MESSAGE FROM THE llOUSE. 

A message from the House of Representatives, by Mr. 1\1cPHERSoN, 

its Clerk, announced that the House had pa.ssed the following bill , in which it r equested the concurrence of the Senate: 

A bill (H. R. No. 1767) to change the name of the steamboat Kitty 

Strang; 
1874. CONGRESSIONAL RECORD. 5251 

A bill (H. R. No. 3211) to change the name of the chooner Delmar; and · 

A joint resolution (H. R. No. 114) to fill a vacancy in the board of 

managers of the National Home for Disabled Volunteer Soldiers. 

The message also announced that the House had passed the following bills: · A bill (S. No. 375) for the benefit of the Kentucky Agricultural and 

Mechanical Association ; and 

A bill (S. No. 688) referring the claim of t:b.e owners of the schooner 

Ada A. Andrews to the Court of Claims. 

THE CALEl\TDAR. 

Mr. EDMUNDS. 1 ask unanimous consent that we may continue 

the Calendar for another hour, and, at the suggestion of Senators, that we take up the House bills. Several have suggested that we proceed 

with House bills only. 

Mr. FERRY, of Michigan. I object to confining it to House bills. 

The PRESIDENT pro tempore. The Senator from Vermont asks 

unanimous consent to continue the Calendar another hour, confining 

it to House bills. 

Mr. FERRY, of .:Michigan. Let us say, "all unobjected cases," including Senate bills. . :Mr. ED~fUNDS. Very well; I will ta.ke that. 

I\fr. SHERMAN. I prefer that the motion be submitted in the usual 

form. 

The PRESIDENT p1·o ternpore. The Senator from Vermont moves to post pone the unfinished business and continue the consideration 

of unobjected ca.Ses on the Calendar for one hour. · The motion was agreed to. 

Mr. CLAYTON. Is this for unobjected cases f 

lli. EDMUNDS. Certainly, the same as before. 

The PRESIDENT p1·o tempore. Under the Anthony rule, the Chair 

supposes. The next bill on the Calendar will be reported. 

Mr. DAVIS. I inquire what will be the regular order after this 

hour expires Y 

Mr. SHERMAN. That is for the Senate to say. 

The PRESIDENT pt·o tempore. ':Ehe unfinished business is the pension bill. 

Mr. SHERMAN. I did not so understand. I understood the pension bill was postponed with a view to take up the Calendar. 

Mr. DAVIS. For one hour. 

The PRESIDENT pt·o tempore. The Chair understood the motion 

to bo in substance to continue the morning hour one hour. 

Mr. EDMUNDS. That was the motion. 

The PRESIDENT 1-n·o tempore. The effect of which would be to 

leave the unfinished business as it would be if the Senate had pro- ceeded with it at the end of the morning hour. 

I\fr. SHERMAN. To that I objected and moved that alJ prior orders 

be postponed with a view to continue the Calendar. I did not make a motion of this kind without having a purpose, ancl it wat; to get rid 

of the further discussion of the pension bill, which will necessarily in 

my judgment prolong the session. 

The PRESIDENT p1·o tempm·e. The Chair is at fault. The Chair 

heard no motion from the Senator from Ohio, but only the motion 

of t he Senator from Vermont. · 

Mr. EDMUNDS. The Chair certainly put the motion of the Senator from Vermont, and that is what the Senate voted on. I wish to 

get I'id of the pension bill, but I wish to do it squarely. 

The PRESIDENT pt·o tempore. The Chair submitted the motion 

made by the Senator from Vermont. That was the motion on which 

the Senate voted. The next bill on the Calendar will be read, being 

the bill (S. No. 331) providing for the construction•of the Portland, 

Dalles and Salt Lake Railroad and Telegraph, and for the perform- ance of all Government service free of charge. 

Mr. INGALLS. I object. 

The PRESIDENT pro tentpm·e. The bill will be laid aside. The 

next bill will be reported. · 

CORPORATIONS IN DISTRICT OF COLUl\ffill. 

The next bill on the Calendar.was the bill (S. No. 759) to amend 

the act entitled "An act to provide for the creation of corporations 

by general law," approved May 5, 1870. 

Mr. BUCKINGHAM. Let that be postponed. 

The PRESIDENT pro tem.pm·e. The bill will be laid asjde. 

WATCH PRESENTED BY WASHINGTON TO MARQUIS DE LAFAYETTE. 

Mr. HAMLIN. I hold in myha.nd ajoint'resolution which I think 

requires a little courtesy from this body, and I ask t.hat I may be 

allowed. to report it and put it upon its passage. 

Mr. SHERMAN. What is it¥ 

Mr. HAMLIN. It is a resolution which came from the House of 

Representatives authorizing the purchase of a watch which was a , present from Washington to Lafayette. I am directed by the Committee on Foreign Relations to report it back and recommend its p~­

sage, and I ask for its present consideration. I have the watch here 

in my possession. 

There being no objection, the joint resolution (H. R. No. 113) makinf7 an appropriation for the purchase and restoration to the family of 

the Marquis de Lafayette of the watch presented to him by General 

Washington, was considered as in Committee of the Whole. It appropriatcs the urn of 300, or so much thereof as may be necessary, for 

tile purcha e and restoration to the family of the Marquis de Lafu-. 

yette of the watch presented to him by General Washington, 11D.d lost 

by General Lafayette during his last visit to this country, such purchase and restor~tion to be made under the dii·ection of the Secretar·y 

of State. 

[During the reading of the joint resolution several Senators gathered around Mr. HAl\fLIN'S desk to examine the watch.] 

I\fr. MORRILL, of Maine. If it is in order I move that that watch 

lie on the table. [Laughter.] 

The joint resolution was reported to the Senate, ordered to a third 

reading, read the third time, and passed unanimously. 

STATUE TO GENERAL MEADE. 

The PRESIDENT pt·o tempore. The next bill on the Calendar will 

be reported. 

Mr. SCOTT. I desire now to make an appeal to the SenB.te in the same line as that which has just been responded to on the application 

of the Senator from Maine. A bill came from the House yesterday and was reported this morning from the Committee on Military Affairs, 

to donate twenty cannon for the statue of General George Gordon 

Meade. The gentlemen of Philadelphia who have that matter in 

charge have telegraphed me to procure its passage. I hope that these 

twenty cannon out of the hundreds captured by the Army under General Meade will not be denied for this purpose. I ask that that bill 

be put on its passage. 

The PRESIDENT.Jn·o tempore. Is there objection Y 

Mr. HAMILTON, of Maryland. Will you stop at that! 

Mr. SCOTT. Yes. 

1rfr. HAMILTON, of Maryland. Very well. 

There being no objection, the bill (H. R. No. 3757) for the transfer 

of twenty condemned bronze cannon for the er~ction of a statue to 

the late Major-General George Gordon Meade was considered as in 

Cemmittee of the Whole. 

The bill was reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

STATUE OF ADMIRAL FARRAGUT. 

Mr. TIPTON. Now, inasmuch as we have provided for the statue 

of General Meade, I move that we proceed to the consideration of 

House joint resolution: No. 59, for a statue of Admiral Farragut. 

The PRESIDENT p1·o tempore. The Senator from Nebraska. asks 

unanimous consent to proceed to the consideration of the resolution 

indicated by him. · 

There being no objection, the joint resolution (H. R. No. 59' amending joint resolution of April 16, 1872, relating to a statue of the late 

Admiral Farragut, was considered as in Committee of the Whole. It 

authorizes the Secretary of the Navy to contract with some suitable 

and skillful sculptor for a bronze statue of the late Admiral Farragut, as authorized in the joint resolution of April16, 1872, to be disposed 

of as therein directed. The selection of the sculptor or artist to exe- cute the statue is to be made by the Secretary of th e Navy, the General of the Army, and Mrs. Virginia L. Farragut, or a majority of 

them. 

The Committee on Public Buildings and Grounds reported an amendment to strike out in line 9 the words "the General of the 

Army" and jnsert "the Admiral of the Navy." 

The amendment was.rejected. 

The joint resolution was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. Mr. MORRILL, of Vermont. I move to reconsider the vote by 

which the House joint resolution (No. 59) has just been passed. 

The PRESIDENT pro tempore. The Senator from Vermont moves to reconsider the vote by which the Senate passed the j oint resolution in ref7ard to the Fanagut statue. 

Mr. MORRILL, of Vermont. I do not ask for action now. The PRESIDENT p1·o tem,pm·e. The motion will be entered. 

Mr. SPRAGUE. I move that the motion be laid on the table . . Mr. MORRILL, of Vermont. I ask the Senator to withdraw that 

motion. 

The PRESIDENT pro tentpm·e. The motion to lay on the table is 

not debatable. 

The Chair put the question, and declared that the ayes appeared to 

prevail. 

Mr. MORRILL, of Vermont. I desire to have a few moments' op- portunity to explain-- Mr. SPRAGUE. Debate is not in order ... The PRESIDENT p1·o tempm·e. Debate is out of order. The motion 

to reconsider is laid on the table, unless the Senator from Vermont 

demands a division. 

Mr. MORRILL, of Vermont. I hardly think it is treating me handsomely, that being out of the Senate a moment this shouldhave been 

taken up out of order-- 1fr. SPRAGUE. Debate is out of order. 

The PRESIDENT pro tempore. The motion is laid on the table, and 

the next bill on the Calendar in regular order will be reported. 

M. H. PLUNKETT. 

The bill (H. R. No. 2801) to place on the retired list of the Navy 

M. H. Plunkett, late second assistant engineer of the regular N~bvy, 

was considered as in Committee of the "Whole. · 
-

5252 CONGRESSIONAL RECORD. JUNE 20, 

The bill was reported to the Sena,te, ordered to a third rea-ding, read 

the third time, and passed. 

L.il."'DS IN CALIFOfu~. 

· Mr. SPENCER. The next two bills on the Calendar, being the bill 

(S. No. 610) to authorize the correction of the bound:tries of certain 

lands in California, and the bill (S. No. 611) for the relief of settlers on certain lands in the State of California, have been reported adversely. The PRESIDENT pro ternpm·e. They will beindefinitelypostponed 

if there be no objection. 

Mr. HAGER. These two bills I ask may remain on the Calendar. 

The PRESIDENT p1·o tflrnpm·e. They will be laid aside, remaining 

on the Calen~ar. 

STATE OF GEORGIA. 

The next bill on the Calenda,r was the bill (S. No. 598) to refund to 

the State of Geor~ia certain moneys expended by said State for the 

common defense ID 1777. 

Mr. INGALLS. I object. . The PRESIDENT p1·o tempm·e. The bill will be laid aside. 

WILLIAM WHEELER HUBBELL. 

The next bill on the Calendar was the bill (S. No. 785) to settle for 

the inventions and patents of William Wheeler Hubbell. 

Mr. LEWIS. I object. 

l\fr. RAMSEY and Mr. HAMLIN. That bill ought to pa13s. 

The PRESIDENT 11ro tempore. Is there objection Y 

l\1T. LEWIS. I object. 

The PRESIDENT pro tempm·e. The bill will be l:l.id aside. 

CITIZENSHIP OF IND!AJ.~S. 

The next bill on the Calendar was the bill (S. No. 729) to enable 

Indians to become citizens of the United States. 

Mr. HITCHCOCK. Let th..'tt go over. The PRESIDENT pro tempm·e. The bill will be laid aside. 

ABSENTEE 8HA w:-ffiE LANDS. 

The next bill on the Calendar was the bill (S. No. 650) explanatory 

of the resolution entitled "A resolution for the relief of settlers upon 

the Absentee Shawnee lands in Kansas," approved April 7, l 69; 

which was considered as in Committee of the Whole. 

The preamble recites that several tracts of land ceded to the Shaw- nee Indians by the treaty conclmled between. them and the United 

States which was proclaimed November 2, 1854, were erroneously set 

apart and allotted to various indivitluals of the Shawnee tribe of 

Indians, and that these allotments were sub equently canceled, and 

therefore form a :p:trt of the residuum of the land which by the 

treaty wa.s set apart for the Absentee Shawnee . . The bill -therefore declares the terms of the resolution approved 

April7, 1869, for the relief of the ettlers upon the Absentee Shaw- nee lands in Kansas, shall be extended to those settlers who now occupy and have improved tra~ts of land known and described as the east half of the northeast quarter and the southwest quarter of 

the northeast quarter of section 29, in township 12, of range 23 

east of the sixth principal meridian; the south half of the south- . west qtiarter of section 5; the south half of the southwest quarter, 

the north half of the southwest quarter, and the northwe t quarter 

of section 8, in township 13, of range 22 east of the sixth principal 

meridian, all located in the State of Kansas1 within the boundaries 

of the tract ceded to the Shawnees by the treaty proclaimed on the 

2d of November, 1854. 

The bill was reported to the Senate, ordered to be engrossed for a 

third reading, read the third time, and pas ed. 

COLONE~ E. M1CARTY. 

The next bill on the Calendar was the bill (H. R. No. 352) for the 

relief of Colonel E. McCarty; which was considered as in Committe·e of the Whole. It directs the Secretary of the Treasury to pay to 

Colonel E. McCarty, of Illinois, assignee of Ruel Hough, the sum of 

1,450, which Ruel Hough paid to the Government on a direct-tax 

sale by the judgment of a United States court, the tax on the land 

sold having been prior to the sale by the owner thereof. 

The bill wa -reported from the Committee on Claims with two 

amendments; the first of which was in line 10, before the word "prior," 

to insert the word "pa.id ;" so as to read : 

The tax on the lan<l sol<l having been paid prior to said sale by the owner thereof. 

The amendment was agreed to. The next amendment was to add the following proviso to the bill : 

Provided, That the said Secretary is satisfied that said McCarty has succeeded to all the right-s which sn.id Hough had to make reclamation upon the United States. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amenclments were concurred in. 

It was ordered that the amendments be engrossed, and the bill read a third time. · The bill was read the third time, and passed. 

SETTLERS ON RAILROAD LANDS. 

The next bill on the Ca,lendar wa.s the bill (H. R. No. 3lp2) for t~e 

relief of settlers on railroad lands; which was considered as in Committee of the Whole. 

ThA bill provides that in the adjustment of all railFoad l:l.nd grant , whether made directly to any railroad company or to any State for 

railroad purposes, if any of the lands granted be found in the possession of an actual settler whose entry or filing has been allowed 

under the pre-emption or homestead laws of the United States subsequent to the time at which, by the decision of the La.nd Office, the 

1ight of the road wa-s declared to have attached to such lands, the 

grantees, upon a proper relinquishment of the lands so entered or fi;ed 

for, shall be entitled to select an equal quantity of other lands in lieu 

thereof from any of the public lands within the limits of the grant 

not otherwise appropriated at the date of selection, to which they 

shall receive title the a,rue as though originally granted. And any 

such entries or filing thu, relieved from conflict may be perfected 

into complete title as if such lands had not b~>.engrantecl; but nothing 

herein contained is in any manner to be so construed as to en Large the 

grant to any such railroad ; and this act is not to be construed so as in any manner to confirm or legalize any decision or ruling of the 

Interior Department under which lands have been certified to any 

railroad company when such lands have been ente1·ed by a preemption or homestead ettler after the location of the line of tho 

road and prior to the notice to the local land office of tho withdrawal 

of such lands from market. 

Mr. SPRAGUE. That bill is all right. 

Mr. STEW ART. It ought to pass. 

Mr. HAGER. I have some amendments to ofter which are not 

objected to by the committee. 

Mr. EDMUNDS. Let the bill be considered subject t,o objection, 

for if we are to have new matter inserted we must reserve the right 

to object. 

The PRESIDENT p1·o tempore. The bill will be considered subject 

to objection. 

Mr. HAGER. My :first amendment is to insert a~er the word 

"lands," in line 13, t.he words "not mineral." 

Mr. WThTDOM. There is no objection to that. 

The amendment wa agreed to. . Mr. HAGER. The next amendment is on page 2, line 20, after the 

word " railroad," to insert " or to extend to l:1nds reserved in any land 

grant made for railroad purposes;" so as to read : 

That nothing herein contained shall in any manner be so conAtrued a.s to enlarge 

the grant to any such railroad, or to extend to lands reserveU. in a.ny J.a.nd grant 

made for railroad purpo es. 

Mr. EDMUNDS. I should like to have that read ag~ and explained. 

The amendment was again read. 

Mr. EDMUNDS. What does that mean f 

Mr. HAGER. I will state to the Senator that in the act granting 

lands -for the construction of the railroad from the ~U ouri River to 

the Pacifie Ocean certain exemptions a,re made. The e words are to 

be found in section 3 of that act, granting lands "not sold, re erved, or otherwise disposed of by the United States, and to which a preemption or homestead claim may not have attached at the time the 

route of said road was definitely fixed." The object is not to give new lands in place of those that were reserved by section 3. With this 

provision, in case they are entitled to new lands, I pre ume they would 

be entitled to those that are really exempted by the act itself. It is 

for the benefit of the country, for the benefit of the Government, and 

not for the benefit of the railroa-ds that I propose this amendment. 

The amendment was agreed to. 

Mr. ED:;\fUNDS. I am a little shy about these bills, because I do 

not understand them; but I will move to amend the bill by inoerting 

after the word "enlarge," in line 19, the words "or extend/' aud striking out the word "the" and inserting "any;" so that it will read: 

That nothing herein contained shall in any manner be so construed as to enlarge or extend any grant to said railroad. 

Mr. WINDOM. I have no objection to that. 

The amendment was agreed to. 

The bill was reported to the Senate as amended,- and the amendments were concurr d in. It was ordered that the amendments be 

engro sed and the bill read a third time. 

The bill was read ~e third time,- and pa sed. 

ROBERT COLES. 

The next bill on the Calendar was the bill (S. No. 214) for therelief of Robert Coles; which was considered as in Commi~ of the 

Whole. · The preamble recites thatit appears that, according to the laws of 

the State of Iowa, Rober.t Coles is the rightful owner of swamp land 

indemnity certificate numbered 92, for 2,353.26 acres, dated March 

28, 1872, and indemnity certificate numbered 93, for 36.35 acres, dated 

April 15, 1872; that the list of swamp selections made in the year 

1858, upon which proof for indemnity, under act of l\1aroh 2, 1855, was submitted to the Commissioner of the General Land Office, and was filed for action there on June_20, 1 GO, and the list of selections was approved by the surveyor-general of the State of Iowa, as appears from his letter to the county judge of Lucas County, in said State, 

dated M:trch 3, 1859; that had this list of selections been certified up 

to the C"ommissioner of the General Land Office at the time of he 

approval, there were large bodies of vacant public lands upon which 

indemnity certificates could ha.ve been located ; and tha.t at the time 

the foregoing indemnity certifica,tes were issued there were no vacant 
1874. CONGRESSIONAL RECORD. 5253 

public lands in the State of Iowa upon wl:rich the same could be 

located. The bill therefore empowers Robert Coles to locate the indemnity certificates numbered 9"2 and 93 upon any of the unsold public lands subject to entry at 1.25 per acre, or one-half the number of acres thereof upon. lands subject to sale at 2.50 per acre, or any 

number of acres thereof. And upon the return of the indemnity cer- tificates numbered 92 and 93 to the General Land Office, the Commissioner is required to issue a patent for the lands so located to 

Robert Coles, his heirs or assigns. The bill·was reported to the Senate, ordered to be engrossed for a 

third reading, read the third time, and passed. 

NATHANIEL P. HARBEN. 

The next bill on the Calendar wa.s the bill ( S. No. 522) for the relief 

of Nathaniel P. Harben, of Georgia. 

Mr. EDMUNDS. Let that go over. Mr. SCOTT. Before it does go over there ought to be an amendment offered changing the amount. However, let it go over for the 

present. The PRESIDENT pro tempore. The bill will be laid aside. 

BELLE E. HAMMO:ND. 

The next bill on the Calendar was the bill (S. No. 416) for ~he relief 

of Belle E. Hammond, of Closter, Bergen County, New Jersey, re- ported adversely from the Committee on Claims. 

Mr. FRELINGHUYSEN. Let that go over. The PRESIDENT pro tempore. It will be laid aside. 

PEABODY SCHOOL IN SAINT AUGUSTThTE, FLORIDA. 

The next bill on the Calendar was the bill (S. No. 782) to grant a. site for the Peabody School in Saint Augustine, Florida. 

The PRESIDENT p1·o te.mpore. This bill has heretofore been con- sidered and amended, and an amendment is now pending. Mr. EDMUNDS. Let the bill and amendment be read. 

T..he CHIEF CLERK. The bill, as amended, reads: 

Be it enacted, &c., That the western part of the lot of land in Saint Augustine, 

Florida, lying at the corner of Tolnmato and King street.s, and now the property of 

the United States, the said part of said lot having a south front upon King street of two hundred feet, and a. west end upon Tola.mato street of one hundred and . sixty-seven and three-tenths feet, a rear upon the north of two hundred feet, and an east end of one hundred and sh..'ty-seven and three-tenths feeet, is hereby ceded, 

given, and granted t{) the board of education of the State of Florida, for the use of a public free school in the city of Saint Augustin(i), Florida, and to their succes- sors; and the~ aid board of education are hereby fully authorized to erect thereon 

such a building a.s in their judgment shall be for the best advantage of the school. 

SEc. 2. That this act shall take effect from its passage. 

It is proposed to amend the first section by inserting: 

Provided, That if at any time in the admissions to the school hereby established 

there shall be any exclusion on account of race, color, or previous condition of servitude, the grant hereby made shall determine and the property revert to the United 

States. 

1\!r. JOHNSTON. I object to that. 

The PRESIDENT p1'o tempore. The bill will be laid aside. 

JAMES L. JOHNSON. 

The next bill on the Calendar was the bill (H. R. No. 1924) for the 

relief of James L. Johnson, surviving partner of Beck & Johnson, 

authorizino- payment for Indian depredations. 

Mr. EDMUNDS. Let that go over. I remember that ca e. The PRESIDENT pro tem.p01·e. The bill will be laid aside. 

JAMES PRESTON BECK. 

The next bill on the Calendar was the bill (H. R. No. 1925} for the 

relief of James Preston Beck, administrator of Preston Beck, jr., 

authorizing payment for Indian depredations. .Hr. EDl\lUNDS. Does that relate to the same subject, I ·ask the 

Senator fTom Missouri f 

1\fr. BOGY. These two bills belong to the same subject. 

1\fr. EDMUNDS. Then I object. I did not know but that this last one was on another subject, and if so, I did not wish to object. 

The PRESIDENT pro tempore. The bill will be laid aside. 

RAILROAD IN FLORIDA. AND ALABAMA. 

The next bill on the Calendar wa~ the bill (S. No. 608) granting the 

right of way through the public lands to construct and maintain a railroad. 

The PRESIDENT protempore. Is there objection to this bill 7 

1\fr. CONOVER. I hope there will be no objection to the bill. It 

has been pending a long time, and issimplyto grant the right of way 

through the public lands. It is a measure in which my State is particularly intere ted. 

The bill was con idered as in Committee of the Whole. 

The bill was reported from the Committee on Railroads with an amendment, to strike out ::ill. after the enacting clan e and insert the 

following: 

That the light of way through the public lands is hereby granted to Daniel P. 

Holland, the proprietor of the Jacksonville, Pensacola. and Mobile Railroad, his as- sociates, succe ors, and assigns, for the construction of a railroad in the States of 

Florida and Alabama from tlie present terminus of said r.illroad on the Apalachicola River, in the SLate of Florida, through the States of Florida and Alabama, to the city of Mobile, Alabama; and from a. point on the line of said railroad to the 

city of"Pensacola; and from a point opposite the corporate limits of the city of Jacksonville, on the Saint John's R1ver, t{)the city of Saint .Augustine, Florida; and the 

right, power, and authority are herebt ~anted to said Daniel P . Holland, his suc-

~8t~~ ~~fe~s~¥n:~~h~a:Ji!ffu:iE~~U~~~~~a~ld! ~ ~~ ~:t:!tJi!~J':IJ 

road where it may pass through the public lands, material f6r the construction and 

maintenance thereof; and the neces ary grounds for stations and depots, or other 

necessary places, such as turn-outs and wa.ter-stations, are hereby granted to said 

Daniel P. Holland, his successors or a signs, to an amount not exceeding twenty acres for each ten miles in length of main line of railroad where it may pass through 

the public lands: Prov\ded, That within one year from the passage of this act the 

said Daniel P. Holland, proprietor of the Jacksonville, Pensacola and Mobile Railroad, his succes ors or assign , shall file with the Secretary of the Interior his ac- ceptance of this act and a map of the routes exhibiting the line of the road. 

SEC. 2. That said railroad shall be a post-route ana a military road, and Congress at any time may fix rates of tariff for troops, materials of war, and mails, and may add to, alter, or amend this act. · · SEc. 3. That all acts and parts of acts conflicting with this act be, and they are hereby, repealed. 

Mr. THURMAN. The bill ought to be amendecl by making the 

license granted in it cease upon the completion of the road. Other- wise there would be a servitude of those two hundred-feet that might 

interfere with the Government selling and making a good title to the · property afterward. 

Mr. CONOVER. I have no objection to any such amendment. 

The PRESIDENT pro tempm·e. Will the Senator from Ohio state 

hls amendment! 

Mr. THURMAN. Let there be a. proviso inserted in these words : 

P1·wided, That the license hereby granted shall cease upon the completion of 

said road. 

Mr. CONOVER. I do not want the license to cease on the completion of the road, for then they would have to tear it up again. 

Mr. THURMAN. I will say "the right to takematerialshall ooase upon the completion of the road." 

1\Ir. CONOVER. I have no objection to that. 

The amendment to tho !l.mendment was agreed to. Mr. CONOVER. I wish to amend in section 1, line 15, by inserting 

the words "or associates" and striking out the wo1·d "or," so as to 

rea9. "his succe ors, assigns, or associates." · The amendment to the amendment was agreed to. 

1\Ir. EDMONDS. I will inquire if there is any limitation in respect 

to the time within which this road is to be constructed or .the right 

lapses1' 

The PRESIDENT pro t-empore. Within one year. · :Mr. EDMUNDS. I should like to have that clause read . The Chief Clerk read a~ follows: 

Provided, That within one year from the passage of this act the said Daniel P. 

Holland, proprietor of the Jacksunvillo, Pensacola and Mobile Railroad, hi succes- sors, assigns, or associates, shall file with the Secret-ary of the Interior his accept. ance of this act and a map of the routes exhibiting the line of the road. 

Mr. EDMUNDS. That does :riot cover the point. I move to amend 

by adding as an additional section the following: 

That if sa.icl railroad shall not be completed and put in operation within five 

years after the passage of this act all rights herein granted shall cease and determine. 

M:r. CONOVER. I will a-cceptthat amendment. All I wnnt is the 

right to build the road through the public lands. 

The amendment io the amendment was agreed to. The amendment of the committee, as amended, was agreed to. 

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

The bill was ordered to be engrossed for a third reading, read the 

thiTd time, and passed. 

REDEMPTION OF LANDS SOLD FOR DIRECT TAXES. 

The next bill on the Calendar was the bill (S. No. 06) to extend 

the time allowed for the redemption of certain lands by the fir t sec- tion of the act entitled "An act to provide for the redemption and ale 

of lands held by the United States tmtler the several acts levying 

cprect taxes, .and for other purposes," approved June 8, 1 72, and to 

suspend the operation of the fourth section of said a-ct; which was considered as in Committee of the Whole. The bill proposes to extend the time allowed in and by the fust ec- tion of the act of Congre s approved June 8, 1 72, entitled ".An act to 

provide for the redemption anti sale of lands held by the United States 

under the several acts levying direct taxes, and for other purposes," 

for the term of two years from the 1st day of June next. 

The second section suspends the operation of the fourth section of 

the act until the expiration of the term of two years from the 1st day 

of June. 

Mr. THURMAN. I wish a verbal amendment made in line 9, sec- tion 1, to strike out the word "next" a11d inse.rt in lien of it "1ts74." 

The bill was drawn up in 1\fay last. The amendment was agreed to. 

Mr. SHERMAN. I will inform my colleague that a similar bill ex- tending this act one year has pa set! the House. This is a Senate bill 

and in all probability cannot be passed. I have no objection, however, to passing it in this form. 

1\!r. THURMAN. I would rather the bill should pass. There is ~ 

real necessity for it. Mr ED.MUNDS. I should like the Senator froll! Ohio to explain 

the point of ·this bill. 

Mr. THURMAN, I can explain it in a moment. By the act approved June 8,1872, two years were given to persons whose lands had 

been sold for direct taxes and purchased by the United States, and 

which are still h eld and owned uy the United States under those tax 

pmchases, and upon whi<jh the United States has g1·anted no lien o.f 
. 

5254 CONGRESSIONAL RECORD. JUNE 20, 

any kind or parted with· its claim in any manner, to redeem those 

lands by paying the full amount of taxes with interest and with con- siderable costs, too. The two yean~ expired on the 1st of this present 

month. The object of this bill is simply to give those persons two 

years more in which they may redeem the lands . . Mr. EDMUNDS. In oases where the United States still hold the 

lanuY 

Mr. THURMAN. Exaotiy. 

Mr. EDMUNDS. It is confined to thatf 

Mr. THURMAN. Entirely. 

Mr. EDMUNDS. I have no objection to that. 

Mr. SHERMAN. I suppose the same exceptions are retained Y 

Mr. THURMAN. Certainly. 

The bill was reported to the Senate as amended, and the amend- _ment was concurred in. 

The bill was ordered to be engrossed for a third reading, read the 

third time, and passed. · 

WASHINGTON CROSSLA.~. 

The next bill on the Calendar wa-s the bill (S. No. 807) for there- lief ofWashington Crosland; which was read a second time, and con- sidered as in Committee of the Whole. It directs the payment to 

'V ashington Crossland, of Saint Louis, Missouri, ·the sum of 2,000, in 

satisfaction of all damages which accrued to him by reason of the 

construction of a railroad across his two lots of la:qd in the city of 

Saint Louis by the United States for military purposes. 

Mr. EDMUNDS. Is there a report in that case f 

The PRESIDENT p1·o tempm·e. There is. 

Mr. EDMUNDS. I should like to hear the report read. 

The Chief Clerk read the following report submitted by Mr. 1\fiRRIMON on the 13th of May : 

The Committee on· Claims, to whom were referred the petition and accompany- ing papers of Washin~ton Crossland, of the Sta.te of Missouri, have had the same nnder consideration, and make the following: report: 

The petitioner pre.'lentecl his petition in this behaU to the Thi.rty-seventh Con- gress, and has been urging the same ever since that time. During the first session 

of the Thirty-.nintb. Conm:ess the Committee on Claims of the Senate had the same nnder consideratiOn, and' made n. report which embodies substantially the facts of 

the matter, and the same is adopted and made part of this report. It is as follows : "The papers in this case show that in 1861 the military authorities of the United 

States built a railroad across two lots of the petitioner, sitnate in tha city of Saint 

Lonis, and continued it for two years and four months; that said road was made to bisect the bnilclings on each lot. and they were con eq uently partially torn away; and by reason of the operation of the railroad, said property could not be r ented 

during that period of time. It furt.her appears that it would reqhire at least 1,~0 to r epair the buildings, and that the whole property was ren~g. when said r!illroad was commencerl, for $450 per year. " The committee concludes that petitioner is entitled to claim from the United 

Smtes $2,375, and report a. bill that be be pai~ that amount freni the ~reas~y·". 

It appears that the claimant has not received pay on account of his said claim. 

This committee are of opinion that the claimant ought· to be paid the sum of 

$2,000 in disohar~ of his claim, and r~ort the accompanying bill entitled ".A. bill 

for the relief of washington Crossland," and recommend that the same be passed. 

The bill was reported to the Senate without amendment, ordered 

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

JOHN CLINTON. 

The next bill on the Calendar was the bill (H. R. No. 2345) for the 

relief of John Clinton, postmaster at Brownsville, Tennessee. 

The bill wa.s read. It directs the proper accounting officer of the 

Treasury to pay the sum of 265.35 to Johu Clinton, or his legal representative; the same to be in full of all claim for money stolen from 

the po t-office at Brownsville, Tennessee, on the 1st day of November, 1870. 

Mr. EDMUNDS. Is there a report in that ca..se! 

Mr. PRATT. On the 19th of December, 1872, by direction of the 

Committee on Claims, I submitted a report adverse to this claim of 

Mr. Clinton. The committee thought it was not a proper case for 

relief; that he had not taken care of the funds of his office in a sufficient manner. The case was not entirely clear from doubt. If the 

Senate will hear a brief statement of the case I will make it. ~1r. EDMUNDS. Of course we cannot consider and debate this 

bill now if there is such an objection as that to it. 

The PRESIDENT pro tempore. I~ tliere objection to the bill f 

Mr. EDMUNDS. Certainly there is; I object for one. · The PRESIDENT pro tentpore. The bill will be laid aside. 

MRS. LOUISA P. MOLLOY. 

The next bill on the Calendar was the bill (H. R. No. 2089) for the 

relief of Mrs. Louisa P. Molloy; which was considered as in Committee of the Whole. 

The bill proposes to authorize the Postmaster-General to credit to 

the account of Mrs. Louisa P. Molloy, postmaster at Potosi, Washington County, Missouri, 170, on account of postage-stamps stolen 

from the office on the night of the 16th of D.ecember, 1872, and with 

the further sum of 125, being the amount of money stolen from a reoistered letter at the same time, the amount of which was paid by he~ to the owners thereof on the order of a special agent of the Post- Office Department; which credit may be allowed in her favor in any 

settlement hereafter ma-de by her with the Post-Office Department. 

The bill was reporteu -to the Sena.te without amendment, ordered to a third reading, read the third time, and -passed. 

JOAB BAGLEY. 

The next bill on the Calendar was the bill (H. R. No: 294) for the 

relief of J oab Bagley; ~hich was considered as in Committee of the 

Whole. 

The Chief Clerk read the bill and the amendment reported by the 

Committee on Private Land Claims a..s a substitute. 

Mr. BOGY. Let t h at be laid over. There is a. mistake in it. · Mr. SPRAGUE. I hope not. . 

The PRESIDING OFFICER, (Mr. INGALLS in the chair.) Objec- tion being made, the bill will be laid aside. 

MARCUS OTTERBOURG. 

1\Ir. ED~mNDS. I ask the Senate-it is on the Calendar and 

stands at the bead of it-to dispose of a motion that I made some time 

ago to reconsider Senate bill No. 169 for the relief of !arcus Otterbourg, late consul of the United States at the city of Mexico, and 

minister to the republic of Mexico, which was reported favorably by 

the Committee on Foreign Relations. I entered a motion to recon- sider, believing it to be wrong, and upon the papers that .we then had I 

think it was; but I have made inquiry about it since, ancl I am satistied thoroughly that Mr. Otterbourg did render valuable sE~rvices to 

the United States for which he has not been paid. I think the bill 

ought to be amended by strikin~ out the provision for pa yin~ him as consul, &c., so as to pa.y him s1mply as minister to Mexico !:rom the 

21st of June to the 30th of September, 1867, inclusive. For that time 

he has not been paid at all. He was appointed by Mr. Johnson lawfully in vacation, and the only difficulty about hi,.<! right wa-s that ho 

took the oath before the wrong officer, there being nobody else before 

whom he couldswear. On looking into the papers I am satisfied that 

it i just to Mr. OtterlJourg that while he was minister he should be 

paid the regular pay. The pay as consul exercising diplomatic functions it does not appear to me he ought to have lf he ba been paid as consul proper, and it is not clear that he did in the proper sen e exercise those functions and he ha had some pay in that r espect; 

but his pay as minister I am satisfied he ought to have and he never has had. it. As an a{}t of justice to him, who is a needy man, I Mk 

the Senate to take up the motion to reconsider, and if my friend. from 

Missouri [1\fr. SCHURz] will allow it to be reconsidered and I c::tn move this amendment then we can paas the bill. 

The PRESIDENT pro ternpm·e. Is there objection to the motion to 

reconsider t.his bill 'I The Chair hears none. 

Mr. EDMUNDS. Now, by unanimous consent, without reconsidering the third reading, I move to amend the bill by striking out all of 

line 8 down to line 11, including the word "and." The words I move to strike out are" as consul and miniSter, the salary of consul to the 

city of Mexico, exercising diplomatic functions from April 8, 1 66, 

until June 20, 1867, both inclusive; and;" so that it will read: "In 

full compensation for his services as minister to Mexico from June 

21 until September 30," &c. I propose also to strike out all the words 

afterward at the end of the bill as to deductions which are to be made 

from his pay a-s consul. If we strike out the consulate provision no deduction ought to be made, as he has had no pay as minist..er. 

Mr. SCHURZ. I cannot vote for that amendment, for the reason that 1\fr. Otterbourg really did act as consul exercising diplomatic 

functions, and if the Senator will look into the report of the Department of State for those years during which he did act as consul in 

Mexico he will find. ·that that was the case. Still I do not want to 

go into a len~tby discussion of the bill, because that would defeat it 

entirely. I snail vote against this amendment, and will ask the Senate to vote against it. 

Mr. EDMUNDS. The Senator ongbt not to do that, because one Qf 

the papers we have here from the State Department as erts that he never did exercise those functions. He thinks he did; I do not know 

but he did; but he has tried that question in the Court of Claims and 

has been beaten upon it; and he has had the proper allowances for 

everything except his salary as minister. I do not propose to deduct 

out of that salary anything at all, so that it really does not make a very large deduction of the amount in the bill and puts it upon 

grounds where I can see my way clear to vote for it. 

Mr. SHERMAN. Is this the order of business Y 

Mr. EDMUNDS. This has been taken up. I made the motion to 

reconsider. This is a poor man-- Mr. SHERMAN. The Senator sets a very bad example in regard to 

his own rule. I think we had better proceed with the Calendar. 

Mr. EDMUNDS. The case was taken up by unanimous consent. 

1\fr. SCHURZ. Let us dispose of this case. Mr. EDMUNDS. I have nothing further to say about it. The mo- tion to reconsider is really a matter of privilege and ought to be 

allowed· to come in. 

The PRESIDENT pro tentpm·e. The amendment will be reported. 

The CIIIEF CLERK. It is proposed to amend the bill so that it will 

read a-s follows : 

That the Secretary of the Treasury be, and be is hereby, directed, out of :my money in the Treasury not otherwise a_pprofriated, to pay to Marcus Otterbourg, late oonsul of the United Sta.tes at the mty o Mexico, and minister plenipotentiary to the r epublic of Mexico, ln full compensation for his services as minister to Mexico from .June 21 nntil September 30, 18ti7, both inclusive. 

Mr. EDMUNDS. It merely provides to pay him as a. minister. That 

he is clearly entitled to. 

The PRESIDENT pro ternp01·e. Is there objection to the amendment Y If not, it is agreed to. 

The bill .was ordnred to be engrossed for a third reading, was read 

the third time, and passed. 
1874. CONGRESSIONAL RECORD. 5255 

STATUE OF ADl\ITRA.L FARRAGUT. 

Mr. MORRILIJ, of Maine. I will inquire whether the hour agreed 

upon h as not arrived f . The PRESIDENT p1·o tempore. The morning hour. has exprr.ed, and 

the Senate resumes the consideration of the unfinished busmess of 

yesterday. . . Mr. ANTHONY. Before the morning hour exprres I wiSh to ID:ake a motion to proceed to the consideration of the motion. to :e?onsider the vote by which House joint resolution No. 59 amending ~mt r~solation of April16 1872 r elating to a statue of the late Admiral E ar- ragut was passed: I d~ not care about its being acted upon .to-day, 

but I want it to retain its place on the Calendar. . Mr. MORRILL, of Maine. If it lea{].s to no debate, let It be done. 

The PRESIDENT pro tempore. The Senator from Rhoue Island moves to take up the motion of the Senator from Vermont [Mr. 1\;f<?RRILL] to reconsider the vote by which the Sen:;tte pa.ssed the Jomt 

resolution in reO'ard to a statue of the late Admual Fan"15ut. 

1\Ir. ANTHONY. I wish to leave it on the Calendar. 

1\Ir. SAULSBURY. Will that displace the regular o.rder 'l 

Mr EDMUNDS. No, sir; it is taken up without dorng that. · Mr: SHERMAN. The Sena.tor who moved this is not in his s_eat. 

Mr. ANTHONY. I do not wish to have it acted upon now, but my 

desire is to prevent the right to reconsider being lost. 

Mr. INGALLS. Was not the motion to reconsider laid on the table Y 

Mr. ANTHONY. It was. Mr. INGALLS. How can it be reached except by a vote f 

Mr. ANTHONY. It cannot be reached except by a vote. I make 

this motion that there may be a vote. · Mr. SHERMAN. Until the Senator from Nebraska CMr: TIPTON] 

is in, I shall object. When he is in, I shall have no obJection at all. 

Mr. MORRILL of Vermont. The Senator from Nebraska, knowin()' that I had ad amendment which I desired to offer and a~ explanation to make called up this bill in my absence, and I think the 

Senate ouO'ht to' allow me a few minutes of explanation. . Mr. SHERMAN. The Senator from Nebraska can answer for himself ; he is here. . . fu. TIPTON. I am here to say one word with the periDISsion ?f 

the Senate. I had a conference with my friend from Vermont m 

regard to this little bill several dayB since, ~d it wa~ m?-t~ally agreed 

between us that we would seek an opportunity to aid ill Its passage; 

he would take it up if he had an opportunit~ and I _would ~ake. it up 

if I had an opportunity, and he would assiSt me m getting It up. 

When there was an opportunity to get it up in .connection with the 

Meade monument, of course I thought it was my ~uty .to move th~t 

it be taken up. I got it up. The Senator was not m his seat. I did 

not notice that at the time or certainly if he had been here I should 

not have interposed if I had the power, any objection to anything he 

might desire to say.' I never thought of .taking any snap juugm~nt on my friend but thought I wa-s carrymg out the understanding 

between us that we would mutually try to get it up. I got it up and 

it went through very fast and there is all the trouble about it. 

Mr. MORRILL, of Ver~ont. I desired it acted upon, but I desired 

to make an explanation on the subject. · Mr. STEWART. I hope the Senator from Vermont will have the 

opportunity he asks. It is in his charge, and it i~ but just. that he 

should have an opportunity to make any explanatiOn h~ desrres. 

Mr. MORRILL, of Vermont. I do not propose to do It now. Mr. MORRILL, of Maine. I suggest to the Sena;tor from Nebrask~, 

under the circumstances, to allow 1t to be reconsidered, and then It can be acted upon hereafter. 

Mr. TIPTON. I cannot allowit. I did nothing in the mattert~at 

was not entirely honorable and entirely fair, and I will d.o nothing 

whatever that would insinuate that I had endeavored to get It through 

in auy other than the manner in which it ought to be done. . Mr. MORRILL, of Maine. Of course there can be no such inference as that. 

Mr. TIPTON. It wa-s a distinct understanding that we wo~d 

mutually co-operate to try and get up that bill. ! was fortunate ill 

getting it up, and it was passed, and passed according to the forms of 

the Senate. Mr. MORRILL of Vermont. ButtheSenatorfromNebraska.knew 

that I desired to ~ubmit some remarks in explanation of the amendments, the one that had been proposed, an~ another that ~ desired ~o 

offer. I do not desire to discuss the menta of the questwn on this 

motion, but there are certain things about it that I think the Senate 

onght to know. . Mr.· MORRILL, of Maine. Suppose the Senator then enters his 

motion and allows it to pass for the present. 

Mr. EDMUNDS. That will not do. It must be tn.ken up and put 

on the Calendar. 

Mr. TIPTON. The motion to reconsider has already been voted 

down· and there is an end of the question. 

J',lr. EDMUNDS. That is a mistake. 

Mr. TIPTON. It was laid on the table. 

Mr GORDON. I call for the regular order. Th~ PRESIDENT pro tempore. The Senator from Geo~gia. call~ for 

the regular order, which is the bill (H. R. No. 2190) grantillg pens10ns 

in certain ca-ses. Mr. EDMUNDS. I appeal to the Senator from Georgia to let us 

take a vote. There has been a misnnderstanding between two Senators as to a bill which was passed in the ab ence of one of them. 

1\lr. GORDON. I have no objection if it will not occupy time. 

Mr. ED.MUNDS. I hope the Senator from Georgia will allow us to 

take a vote on this motion and put the matter on the Calendar; not 

dispose of the question now, but put it where it can be reserved for 

consideration. I think it ought to be done. 

Mr. GORDON. I will yield for t.hat purpose. 

The PRESIDENT p1·o tempo1·e. The Chair will state his uncleratanding of t.his matter, and it may or m~y not dispense with t.h~ motion 

which the Senator from Vermont WIShes to make. The Charr understands that by the rules of the Senate no such consequence follows 

the laying of a question on the table 8-8 d.oes in the Hous~ of Representatives. That is only one.way of laymg a matter aside for .the 

present and a motion can be made at anytime to proceed to consider 

that m~tion. The Chair does not understand that the Senator wishes 

to take up the motion to reconsider for con:fidefation now, but mere~y 

to relieve it from the effect of the vote which has been made to lay1t on the table. The Chair does not see what is to be gained by that 

vote, because at any hour when the SeiL.'tte wishes t~ proceed to the 

consideration of it the Chair would rule that the motion t.o proceed to 

consider it would be in order. 

Mr. STEW ART. Does that hold the bill 7 

The PRESIDENT p1·o tmnpo,-e. It does not hold the bill. 1\Ir. EDMUNDS. May I ask the Chair whether under these circumstances the bill would be returned to the House of Representatives Y 

That is the point, because if it would it could get signed, and then 

considering the motion to reconsider after the bill was signed would 

not be particularly advantageous to anybody who wanted to recon- sider. 

J',fr. MORRILL, of Vermont. I do not desire to defeat the bill, but 

simply desire to make an explanation which I think it my duty to 

make and I believe it would be useful to the Senate that I should 

state the facts in relation to the matter. I pledge myself so far as my vote is concerned that the bill shall be acted upon before the ses- sion closes. 

The PRESIDENT pro tempore. It is moved that the motion made 

by the Senator from Vermont to reconsider this vote be taken from 

the table. 

Mr. SHERMAN. I will submit a.nother motion. I move that the 

Senator from Vermont now by unanimous consent be allowed to make 

the e::~..-p1anation he desires to make. 

1\Ir. EDMUNDS. Let the bill be put on the Calendar. A bill that 

has passed under a misapprehension ought to be suspended. Besides, 

there is this reason: I wa-s requested by one of the gentlemen named 

in this bill to hv.ve it amended by striking out his name from it, as a matter of personal desire on his part, which I have promised to attend to. KnowinO' that the bill was far down on the Calendar and 

that we were goi~g according to the regular order I stepped out to 

attend to a card that was ent in to me, for five minutes, and when I came back I found that although we ha.d not reached the bill by a lonO' way in regular order, it had pa-ssed. Uilder such circumstances, 

although I do the Senator from Nebraska the credit to say .tha~ ~e km~w nothing of this request that had been made to me, I think It IS 

rifY'ht that this motion to reconsider should be placed on the Calen- d:fr so that when we can rea-ch it we can take up the bill and recon- sid~r if the Senate will do so, in order that I may make the motion 

which I was requested to make. 

Mi.-. SHERMAN. I have no objection. The PRESIDEr T pro ternpore. The question is on the motion to 

take from the table the motion to reconsider the joint resolution relative to the Farragut statue. 

Mr. TIPTON. On that I demand the yeas and nays. 

J',fr. GORDON. If this question is to lead to debate I must insist on the regular order. The PRESIDENT pro tentpm·e. Does the Senator insist on the regular orderf 

Mr. GORDON. I do. 

The PRESIDENT pro temp01·e. Then the bill (H. R. No. 2190) to 

amend the act entitled ''An act granting pensions to certain soldiers 

and sailors of the war of 1812, and the widows of deceased soldiers," 

approved February 14, 1871, and to restore to the pension-rolls those 

persons whose names were stricken therefrom in consequence of disloyalty, is before the Senate. 

1\Ir. MORRILL, of Maine. Mr. President-- The PRESIDENT pro tempm·e. The Senator from Maine. 

fu. GORDON. I believe I had not yielded the floor. 

Mr. MORRILL, of Maine. The Senator from Georgia rose and 

called for the regular order. The order was granted, and the Chair 

recoO'nized the Senator from Ma.ine. I think I have the floor. 

Tfi'e PRESIDENT pro tempore. 'l'he Senator from Maine is entitled. 

to the floor. He was first recognized after the bill' which is the un· finished business was taken up. 

Mr. GORDON. Very well. 

ORDER OF: BUSINESS. 

Mr. MORRILL, of 1\Iaine. I desire to address myself 0 th~ Senator from Indiana [Mr. PRATT] who has charge of the pendmg bill, and 

to move the Senate that this bill and all prior orders be postponed for 

the purpose of proceeding to the consideration of the sundry civil ap-
5256 CONGRESSIONAL RECORD. JuNE 20, 

propriation bill. I hope m~ friend ~~m Indiana will see.the propriety 

and necessity of my so domg, and will therefore acqmesce Without a stru<Tgle for precedence. I make that motion. 

The 0PRESIDENT pro tempm·e. The Senator from Maine moves to 

postpone the pending order with a view to proceed to the consideration of the sundry civil :tppropriation bill. 

Mr. MORRILL, of l\fa.ine. If my honora.ble friend from Indiana 

desires I will make a statement in re~ard to its obvious nece sity at 

the present moment. Otherwise, if it 1s acquiesced in, I have nothing 

to say. Mr. WINDOM. Will the Senator from Maine yield to me to make a report from the committee of conference on the Indian appropriation 

bill' 

Mr. MORRILL, of Maine. I have no objection, but I do not like to 

lose the floor. Perhaps the Senator had better wait until this question is settled. Mr. WINDOM. Very·well; I will withhold thereport for the present. 

The PRESIDENT pro tempm·e. The Se:Q.ator from Maine moves to 

postpone the pen din~ order and to proceed to the co~sideration of the 

sundry civil appropnation bill. Mr. MORRILL, of Maine. I will say a single word, though I hardly 

think th atto Senators·who understand the character of the \Jill I need 

say anything. We h ave reached that period o~ the session when it 

would be perilous to the public interests and certainly to our \md~rstanding of what is the day of adjournment to postpone. the constCl- eration of this appropriation bill for an hour, even. It is one of the 

lm·<Tcst ::md most difficult of all the bills that are presented to the 

Se;ate of the United States during these sion of Congress. It is the 

most difficult and complicated of the appropriation bills. It requires a weat den.l of deliberation and consideration, and Congress cannot 

afford to hn.ve it pushed into the hmry of the laBt hours of the session. 

When it has once passed from the Sena.te, aB I hope it will in due 

time at no very late hom, then th~re will be opportunity, while it 

will be necessary to consider this bill in conference between the two 

Houses, for the transaction of such other business aa the Senate may 

think important. 

And now allow me to add, that considering the general understanding which hn.s prevailed from the start in the Senate and considering 

the lateness of the hour when this bill came to us from the House, 

whenever the Committee on Appropriations are ready to proceed 

with an appropriation bill other bills and all other business of the 

Senate should be held in subordination to them. I hope, without 

spending anytime on the order of busine s, I shall be permitted to go on. With this explanation I ask for the sense of the Senate. 

The PRESIDENT pro tempore. The Senator from Maine moves to 

postpone the pending order and proceed with the sundry civil appro- priation bill. Mr. SAULSBURY. I hope that the regular order will not be post~ 

poned. It is very evident that if we go on with that bill we shall soon get through with it, and it is apparent from the opposition 

mallifested last evening that if we suffer the pension bill now to be 

laid aside it will not be reached again during the present session. I 

hope therefore the friends of the bill which is the regular order will 

not suffer it to be displaced by any appropriation bill. There is no question but that we shall p.a s all the appropriation bills. The ap- propriation bills to take money out of the Treasury will all be pa-ssed. 

We shall not fail to pa-ss all the appropriation bills at the proper 

time; but let us now pa{;S the bill which is the regular order. Mr. MORRILL, of Maine. Now I desire to say a word in1·egard to 

that sort of argument. I have heard it so long that the Senator must excuse me if I manifest a little impatience under it. Here we are with only one day between us and the adjournment; and here is a bill involving 27,000,000, covering a great variety of the service of 

the United States, besides a !!Te:tt many claims that aro in it; and we are told that it can be paased at any time, that there is a fato about an appropriation bill that it is snre to go through and you can trifle 

with it, and dally with it, and kick it this way allfl that; aml gentle- men who are chm·ged with this respon ible duty ar told when they 

have prepared one of thes~ bi~ after labor so exhanst.ing ~bat th_ey are ill prepared to go on With 1t t hat they can be turned a.s1de while 

other things are berug con idered! 

fy honorable friend say that he appeals to th friends of the pension bill to stand by it. Well, Mr. Pr ident, there may boa proper 

time to stand by the bill; and I say to that honorable Senator that. he is not authorized in any public sense whatever to rally a partisanship upon any particular bill or particular intere t. Here is a bill 

embracing the whole interest.s of the country, extending very lal·gely 

to interests which the Senator repreRents in his own State, as well as all of us; and no Senator should feel .at liberty, unless he deems himself charged with a larger share of the public responsibilities than 

any one individual here should a-ssume, to set aside the geneml un- del·standing of the Senate upon a matter of so much impOitance as this to consider any one particular measme, when here i · a bill involving the greatest variety of interests, all of them of a public 

character. I hope, therefore, we shall not spend any time on the order 

of busines . Mr. SAULSBURY. I certainly do not want to provoke the impatience of the Senator from Maine, but I want to say distinctly to him 

that I do not derive my aut4Prity on this floor as a Senator in the ~scharge of what I conceive t o be a duty from the Senator from Mame 

• . 

or from the State of Maine. I choose to act upon my own judgment 

in reference to my own cour e in this Senate. I know full well t hat 

the opposition to the pending order is such that if we suffer it to be 

laid a ide to take up the appropriation bill, or any other bill1 we shall never reach it again durino- the present session. It wa becau e I wa seriously impressed with that conviction that I objected to the layinrr 

aside of the pending order in order to take up the appropriation bW 

reported by the Senator from Maine. I am in favor o.f p ing the 

appropriation bills, and I have no question but that we shall do it; 

and if my insisting upon adl1erence to the regular order provokes the .impatience of Senators, I am willing that that impatience should be 

manife&ted in _anymanner they see proper to manife tit; but I hall 

not take rebukes from the Senator from Maine, or any other Senator, 

I trust, while I have a duty to perform in the Senate and because I, 

simply in the dllicharge of that duty, see fit to say that I demand the 

regular order. 

Mr. ED~IUNDS. I demand the yeas and nays on this question. The yeaB and nays were ordered; and being taken, resulted-yeas 36, nays 22; as follows : 

Y;E.AS-Messrs . .Alcorn, Allison, Anthony, Boreman, Boutwell, Buokingh..'l.m, 

Carpenter,. Chandler, Clayton,_ E~unds, Fenton, l!'mTy of ~chlgan, Frcling- huysen, Gilbert, Hager, Ramli:n., Hitchcock, llowe, Ingalls, Mitchell, Morrill of 

Maine, Morrill of Vermont, Ogle.:;by, Ramsey, argent, S?hurz, Scott, ·Sherman, 

Spencer, Sprague, Stewart WaUleigh, Wa hblliTl, W4 t, Wmdom, and \Vri~ht-36. NA:-YS--Messrs. Bayard, ~ogy, Cooper, Davis, Dennis, Goldt-hwaite, Gordon, 

Hamilton of Maryland, Hamilton of Texas, John ton, K elly, McCreery, Morrimon, 

Norwood, Patterson, Pratt, Ransom, Robertson, Saulsbury, Stevenson, Thurman, and Tipton-22. · 

.A.BSE:NT-Messrs. Brownlow Cameron, Conkling, Conover, Cragin, Dorsey Ff:\rry of Connecticut, Flan.agan., &vey, Jones, Lewis, Logan, .Morton, Pease, and 

Stookton-15. · _ . 

So the motion was agreed to. 

The PRESIDENT p1·o tempore. The appropriation bill is before the 

Senate. 

Mr. GORDON. I now move that we take a recess at six nntil halfpast seven o'-clock, and at the reassembling of the Senate take U.i! the 

pension bill just laid aside. 

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

that motion at a little later period when we can tell bett-er about it. It may be that we may want to take a recess at an earlier hom· if we should make dispatch with thi~ bill. 

Mr. GORDON. I withdraw the motion now and give notice that I 

shall make it when we reach the time. 

Mr. SHERMAN. For fear when the motion is ma-de it shall be un- derstood that the pension bill is to come up this evening, I a.y now distinctly beforehand· that I shall not consider any declaration from a gentleman makinf<T a motion to take the recess to bind me. Mr. GORDON. make no motion now. 

Mr. MORRILL, of Maine. The bill being up, I desire to make an observation or two. I wish to make a statement of a general character to attract the attention of the Senate to the importance of this 

bill, but I will yield to my friend from Minnesota [Mr. WINDOM] to 

make a conference report. 

INDIA...~ APPROPRIATION BILL. 

Mr. WINDO~I. I submit a report from the committee of confer- ence on the Indian Appropriation bilL 

The report was read, as follows : 

The committee of conference on the disagreeing vot-es of the two Hou es on the 

amendments of the 8enate to the bill (H. R. No. 2343) making appropriations for the current and contingent expenses of the Indian Department, and for fulfillin" 

tr-eaty stipulations with var!ous Indian tribes, for the year ending June 30, 1875': 

and for other purpo e , haVID~ met, after full and free conference have agreed to recommend and do recomm.enu to their respective Houses as follows: 

That the Senate recede from its amendments numbered 6, 19, 51, 52, 60, 61, 64, 2, 83, !17, 99, 100, 101, 113, 117, 118, and 123. That the House recede from its di agreement to the amendment of the Senate 

number ed 1, 2, 3, !!, 10, 11, 12; 13, 14, 15, 16, 18, 20, 21, 22, 23, 24, 25, 26, 28, 30, 45, 47, 

50, 53, 54, 55, 56, 57, 58, 89, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 84, 6, 94, 95, 96, 

102, 104, 105, 106, 108, 111, 115, 116, 120~. and agree to the same. • That the S011ate recede from their uisagreement to the amendments of the House to the amendments of the Senate numbered 79, 80, !>1, 114, and agree to th samo. ThatthoHouse recedefrom their disagreement to the amendment number rl17, and 

agree to the same with an amendmentln.serti.ng "76" in lieu of "77;" ::md the Sen- ate agree to the same. That the House recede from their disa~ooment to the amendments numbered 41 and 4.2, anrl agree to the same with amenaments as follows : Ins rt 11 47 " in li u of 

"41," and ~· !.!!1" in lieu of 11 36;" and the Senate agrl*l to the samo. That the House recede from th ir disagreement to the amendment numbered 43, 

and !1.)7oe to tha same with an amendment as follows: In lieu of "35,000" in ert " 33,900; " and the Senate agree to the same. That the Houser cede from their disagreement to th amendment numbered 44, 

:md :;.-~ree to the same with a.n amendment a~ follows: In lieu of " 40 " insert "30 ; " 

and roe Senate agree to the same. That the House recede from their disagreement to the amendments numbered 46 

and 48, ::mel a!ITee to the same with an amendment, as follows: In lieu of "five" 

insert "four,"? and strike out of the text of the bill the words "and fifty" where they occur the :fi..rst time in the amended paragraph, and in lieu of " 700" insert "550; " and the 8enate agree to the same. That the House recede from their disagreement to the amendment numbered 621

. 

and agree to the same with an amendment as follows: Strike out of the text oi 

the amended paragraph the words "estimated at eighteen hundred souls;" and the 

Senate agree to the same. That the House recede from their disagreement to the amendment numbered 65, 

and agree to the same with an amendmont as follows: Restore of the matter pro- r.osed to be stricken out all but the words "thirty-six," and in lieu of 11 60 " insert • 45 ;" and the Senate a!ITee to the same. That the House recede from their disagreement to the amendments numBered 

92 and 93, and agree to the same with amendments as follows: In lieu of "75 " in· sert " 65" and in lieu of " 80 " insert " 70 ;" and the Senate agree to the same. 
1874. CONGRESSIONAL RE<JORD. 5257 

That the House recede from their disagreement to the ame~dment numbe~d 103, 

and agree to the same with an amendment as follows: Strike out the rune last 

words of the amendment; and the Senate agree to the same. That the Senate recede from their amendment numbered 81, with an amendment as follows: Strike out of the amended· para!!Taph the words "eighteen hundred 

per ons at ten dollars each, and six hundred ; ' and the Hou e a.gree to the same. That the House recede from its disagreement t{) the am~ndment num.bered 107, 

and agree to the same with an amendment as follows: Strike out of srud -amend- ment the words "United States Statutes at Large, volume 17, page 226 ;" and the 

eT~!~ ~eH~u!er!~~~ from its disagreement to the amendment numbered 109, 

and agree to the same with an amendment as follows: Before ,the word "pillager," 

in said amendment, insert "Mississippi Chippewas and to the;" and the Senate 

agree to the same. WM. WINDO~ 

A. A. SARGENT, 

LOUIS V. TIOGY, 

Managers on the part of the Senate. 

WM. LOUGHRIDGE, 

J. T. AVERILL, 

JOHN HANCOCK, 

Managers on the part of the House. 

The report was concurred in. 

THE DISTRICT GOVER'l\"MENT. 

A message was received from the President of the United States, 

by .Mr. BABCOCK, his Secretary. 

The PRESIDENT pro ternpore laid the message before the Senate, 

and it was read, as follows : 

To the Se1w,te and House of Representatives: 

I respectfully invite the attention of Congress to one f eature of the bill entitled 

"An act for the government of the District of Columbia, and for ~the;r p~ose " 

Provision is therein made for the payment o:f the debts of the D1str1ct in bo~ds. 

to be issued by the sinking-fund commissioners, running fifty years and beanng 

interest at the rate of 3.65 per cent. per annum, with the payment of the principal 

and interest guaranteed by the United States. 

The government by which these debts were crea:ted is abolished and J?-O ot~er provision seems to be made for their payment. J udgm"' from the transactions m other 

bonds there are good grounds, in my OJ?inion, for the apprehension thl!'t bon~ bearing this rate of intere t when issued will be worth much less than therr eqmval.ent 

in the current money of the United States. This appears to me to be unjust to those to whom these bonds are to be paid, and to.th~ extent of the diff ~ce .be- tween their face and real value looks like r epudiating the debts of the District. 

My opinion is that to require cr:editors of the District of Columbia to receive these 

bonds at par when it is apparent that to be converted into money they must be sold at a large discount, will not only prove greatly injurious ~ the credit ~f the Distrio£ but will reflect unfavorablyupon thecreditandgoodfruthof the UrutedStates. 

I would recommend therefore that provision be made at the present session ?f 

Congress to increase tbe interest upon these bonds, so that when sold they~ 

brin~ an equivalent in money, and that the Secretary of the Trea ury beauthonzed to n e.,.otiate the sale of these bonds at not less than par and pay the proceeds thereof to tho e who may be ascertained to have valid clainls against tho District of Columbia.. 

EXXCUTIVE MANsiON, 

Washington, June 20, 1874. 

U.S. GRANT. 

The PRESIDENT p1·o tem,pore. The message will be laid on the 

table and printed, unle s some motion be m::J.de. 

Mr. THURMAN. I move that that message be referred totheJoint . Committee to Investigate the Affairs of the Di~trict of Columbia. 

The motion was agreed to; and the message was ordered to be 

printed. SUNDRY CIVIL APPROPRIATION BILI,. 

The Senate, as in Committee of the Whole, proceeded to consider 

the bill (H. R. No. 3600) making appropriations for sundry civil ex- penses of the Government for the fiscal year ending June 30, 1~75, 

and for other purposes. 

Mr. :MORRILL, of Maine. I desire to have the amendments reported 

by the Committee on Appropriations acted upon as they are reached 

in the reading of the bill. 

The PRESIDING OFFICER, (Mr. FERRY, of Michigan, in the chair.) 

That course will be pur ued if there be no objection. 

The Secretaxy proceeded to read the bill. 

The first amendment reported by the Committee on Appropriations was in the appropriation for public printing, to strike out the following clause from line 30 to 34: 

And the amorrnts h rein desi!mated for the several Executive Departments may 

be distributed to the Bm-eaus t'&ereof, at the discretion of the head of each Depart- ment, who shall certify such distribution to the Public Printer. 

And in lieu thereof to insert tii'e following : Provicled, That hereafter the Congressional Printer shall print, upon the order of 

tho heads of the Executive D epartments, respectively, only such linlited numberof 

tho annual reports of .such Departments and necessary accompanying r eports of 

subordinates as may be deemed necessary for the use of Congress: ProvUied, ho1o· ever, That no expensive maps or illustrations shall be printed without the special order of Congr·ess. 

Mr. ANTHONY. I call the attention of the committee to what I 

think is a defect in this amendment. There are a number of reports, 

most of them stati tical in their character, that are prepared by the 

various Departments and are printed for distribution by the Depart-. ments. The number is very small. I think there is no abuse in it. 

I think that if we are to have a Bureau of Statistics, for instance, to 

collect statistics, it is absurd to pack them away in the pigeon-holes or upon the shelves of the Departments. They should be printed for some purpose, for some diffusion of information. It strikes me that 

this amendment cuts off the power in the heads of Departments to 

print documents of thi kind. Certainly, it seems to me, we ought to 

intrust the head of a Department with the power to print a few docu- men+s. Mr. WEST. Is that a.ll the amendment Y 

Mr. ANTHONY. It says "only for the use of Congress." I do not 

want the Departments to print documents for the use of Congress. 

We can print our own documents, aud we do not want the Departments to order documents for the use of Congres and pay for them 

out of their appropriations for printing. That is our business. I move to amend the amendment in line 39, after the word" Congress,'' 

by inserting " and of ·the Departments ordering the same," thereby 

vesting in the Secretary of the Treasmy and the Secretary of State 

the power to print certain documents the information for which is 

collected in their Departments. 

l\Ir. MORRILL, of Maine. My honorable friend will remember 

that this is the identical proposition with which he expressed entire 

satisfaction in his own bill; and I think if he will re:flect upon it he 

will see that nothing less stringent than this will at all meet the 

difficulty which we all agree has been an abuse. 

l\!r. ANTHONY. My satisfaction was a good deal like the resignation 

of a colored brother when he was dying. He was resigned because 

he could not help it. This restriction was placed upon the bill which 

I reported; it did not come from the Committee on Printing. I 

a-ssented to it as I did to almost everything else, in the hope that I 

could get something through, but I failed of that. 

Mr. MORRILL, of Maine. The committee understand that this has 

this scope and limitation : The Departments are authorized to print 

their own reports.and such reports connected with them as become 

necessary for their illustration. The only limitation is that they shall 

not print expensive maps and illnstrations. . 1\Ir. ANTHONY. That I agree to. 

Mr. MORRILL, of Maine. It is pretty much the same thing now properly. All the rest of it is an abuse. This is rather a stricture of 

the law as it ought to be and a we understand it is. Certainly we never intended that there should be that latitudinarian construction as to the printing of public documents which bas prevailed in the 

Departments. It is aimed not at the heads of Departments, but at 

the Bureaus. The great difficulty has been that Bureaus, with a very 

laudable ambition doubtless in their very extensive pride of enterprise, to say the least of it, have indulged in the manufacture of 

boo]j:s which have been very expensive, running the cost· of our puulic printing up to over 3,000,000. It is aimed exactly at that practice. I do not think it goes one inch beyond that; nor do I believe 

the heads of Departments will suffer the slightest inconvenience by 

this. We had not the slightest disposition to restrict or curtail them. If it should be found to be so, it will be a very easy thing to correct 

it hereafter. I rather think that my friend will find it consistent 

with his duty, on the whole, to allow the amendment to go. Mr. ANTHONY. I think the abuse has been corrected. It has 

been corrected in this bill, and very properly. The abu e has practically ceased, I think ; but certainly this amendme~t restricts the 

heads of Departments from printing documents prepared in their own Departments. 

Mr. SARGENT. Allow me to ask a question. What is the office 

the Senator performs so ably a-s chairman of the Committee on Print- ing Y He is continually passing upon ·these departmental reports, th~ 

reports of the Light-house Board, the reports of the Hayden ex- pedition, &c. All these are subordinate to the Dep.artments. W"' 

require them to come to Congress to print the first copy. All this 

amendment reaches is that. 

1\Ir. ANTHONY. And Igavenoticeyesterday, which I hopedmighf; 

reach the heads of Departments, that under the disposition of the 

Senate to refuse the publication of such documents we should expect 

that the Executive Departments would make their estimates in their 

appropriations for printing, and confine themselves within them. 

1\Ir. SARGENT. When they do that it is all right; but this does 

not trench on that. I suggest to my friend that this amendment 

does not change the law except that it cuts off certain fancy printing, 

which we think Ol;lght to come under the supervision of Congress so as to give the Senator more to do. 

Mr. ANTHONY. In the Treasury Department there are prepared 

statements of statistics. Can they bo printed with this restrictfon, 

''except in such limited numbers as may be nece sary for the use of 

Congress " 

Mr. SARGENT. How ~re they printed nowf 

Mr . .A..L~THONY. They are printed now by authority of law, which 

I think this repeals. · Mr. MORRILL, of Maine. This does not repeal anything. Mr. SARGENT. It simply refers to the immediate reports of the 

Departments and the Bureaus to the Department . 1\l!r. ANTHONY. I know during the war there·grew up very great 

abuses in printing. Four or five of the Department , and I do not 

know but some of the Bureaus, had litt]e printin.g offices, and I do 

not know but that some of them had places where they did engraving 

and lithographing. But all that has been cut off by an a{lt of Congress, and very properly. · 1\Ir. SARGENT. This simply refers to the regular reports of the 

Departments and the reports of the subordinate Bureaus in the Departments. 

Mr. ANTHONY. Well, sir, I yield to authority and not to conviction . 

The PRESIDING OFFICER. The question is on iile amendment 

of the ·committee on Appropriations. 

The amendment was agreed to. 
5258 CONGRESSIONAL RECORD. JUNE 20, 

:.Mr. MORRILL, of Maine. I move that during tho consideration 

of this bill the rule limiting debate to :five ·minutes on any one question shall apply. · 

The motion was agreed to. The Chief Clerk resumed the rea-ding of the bill. 

The next amendment of tbe Committee on Appropriations was after line 44 to insert the following: 

For the expenses of compiling and preparing the Con~essional Directory, 1 200 ; which shall be expended under the direction of the .Joint Committee on Publi<l 

Printing, and the committee shall appoint some suitable person to superintend the same, and shall pay him out of this appropriation such ~mpensation or additional 

compensation as they may deem proper. 

The amendment was agreed to. 

The next amendment was after line 69 to insert the following : 

For establishing new life-saving stations on the sea and lake coasts of the United 

SW.tes, as authorized by law of tlie present Congress, $34;.!,304.44. 

The amendment was agreed to. 

The next amendment was after line 112 to insert the following: 

For the purchase of an engine and machinery, and for the erection and expenses 

incident to its operation, for the ma.cera.tion of national-bank notes, United States 

notes, and other obligations of the United States authorized to be destroyed, 10,000; 

and that all such issues hereafter destroyed may be destroyed by ma..ceration instead of burning to ashes, as now provided by law; ancl that so much of sections 

24 and 43 of the national-currency act as requires national-bank notes tO be burned to • ·hes is hereby repealed; that the pulp from such macerated issue shall be disposed of only under the direction of the Secretary of the Trl:lasury. 

The amendment was agreed to. 

The next amendment was in line 188 to reduce the appropriation 

"for continuing the collection of statistics of mines apd mining to 

be laid before Congress, to be expended under the direction of the 

Secretary of the Treasury," from ' 15,000" t() "$10,000." 

The amendment was agreed to. 

The uext a,mendment was after the word "Hayden," in line 206, to 

insert "to continue the work westward toward the G:reen and Colorado Rivers, 75,000 ;" after "Powell," in line 208, to insert "in 

Utah, 15,000 ;" and in line 211 to strike out" 90,000 ;" so that the 

clause will read : 

~or the cop.~uation of the geological and geograJ?hical surV-eys of the Terri- tones of the Uruted States by~- V. Hayden, to continue the work westward to- ward the Green :tud Colorado Rivers, 75,000; and J. W. Powell, in Utah, 15,~00, 

under the direction of the Secretary of the Interior, during the fiscal year enaing 

June 30, 1875. 

The amendment was agreed to. 

Mr. SARGENT. Instead of striking out "$90,000," below, it would 

be better to say "in all 90,000." I suggest that that leaves it better, 

because the $90,000 is a footing 

The PRESIDING OFFICER. If there be no objection that mOOifioation will be made. The Chair h ears none. The Secretary con tinned the reading of the bill. 

Mr. SARGENT. On line 242 I ask leave to change the word "this" 

to "the," a. verbal alteration; so as to read: 

To e~able the Clerk of the House to pay to the widow of David B. Mellish, late a member of the House, ~- . 

The PRESIDING OFFICER. That amendment will be made if 

there be no obje~tion. 

The Secretary continued the reading of the bill. 

The next amendment of the Committee on Appropriations was in · lines 254, 255, and 256 to strike out: 

And for amount already expended by the Sergeant-at-Arms for postage-stamps, 

250. 

The arn.endment was agreed to. 

The next amendment was to insert after line 303 the following: 

l!,or the erection of an equestrian statue of Nathanael Greene, in conformity with a resolution of Congress passed .A.u_gust 8, 1786, $40,000; and one member of each 

House of Congress, to be appointed oy the presiding officer of each Honse, respectively1 and George Washington Greene, of Rhode Isl.rui.d, be, and they are thereby, appomted a commission to contract for the same. 

The amendment was agreed to. 

The next amendment was after line 311 to insert: 

To enable the Joint Committee on the Library to purchase such works of art for ornamenting the Capitol as may be ordered and approved, $10,000. 

Mr. HOWE. I should like to have "15" inserted in the amendment 

instead of "10." 

Mr. MORRILL, of Maine. I think there is no objection to that. 

The PRESIDING OFFICER. That change will be made if there 

be no objection. 

The amendment, as amended, was agreed to. 

The next amendment of the Committee on Appropriations waa after 

line 314 to insert the following : 

To enable the Librarian of CQngress to employ two assistants, in connection with 

the work of the copyright dapa.rtment, and in prepn.ring a complete index of snh· 

,tecta to the documents and debates of Congress, at $1,600 each, $3,200. And the 

Librarian is hereby charged with the work of preparing such an index, under 

the supervision of the Joint Committee on the Library; and he is hereby authorized and required to complete the two sets of congressional documents required by existing laws to be depos1ted in the Library of Congress, and which were partially destroyed by fire; and to this end he may make requisition upon the Secretary of 

the Interior, in charge of the reserve of public documents ; and such volumes as cannot be supplied by the Interior Department may be transferred to the Library of Congress from the documents in charge of the Secretary of the Senate and of the f~:~~f~r~ the House of Representatives, the Librarian of Congress giving a receipt 

The amendm~nt was agreed. to. 

The next amendment was after line 332 to insert: 

For nece sary repairs of the telegraph line connecting the Capitol and the Exec· • utive Departments, 1,000. 

The amenclment was agreed to. 

The next amendment was after line 335 to insert: 

To enable the Secretary of the Treasury to pay D. L. Phillips, late Unit-ed St..1.tes 

marshal of lllinois, for counsel fees and expenses incurred in executing the habeas 

ccrpttS act, the a.ccounts of which have been passed by the proper accounting officers 

of the Treasury, 76.53. 

The amendment was agreed to. 

The next amendment was after line 341 to insert: 

For salary of stenographer to the Secretary (\£ the Treasury, $2,400. 

The amendment was agreed to. 

'l'he next amendment was after line 343 to insert: 

That of the unexpended balance of the appropriation made for the office of the 

Treasurer of the United States for~efiscal year ending with June30, 1874, 20,000, or so much thereof as may be reqm.red, for t'he payment of salaries of clerks, mes· senuers, and laborers to do the necessary work of that office, may be used for the 

purpose aforesaid, in the fiscal year ending with J nne 30, 1875 : Provided, That no part 

of this amount shall be expended for payment of additional compensation to clerks or employes. 

The amendment was agreed to. 

The next amendment was after line 354 to insert the following: 

To enable the Secretary of the Treasury to collect, procure, preserve, and arrange 

for use all vouchers, papers, records, and evidence, aml to take testimony as to 

claims against the Uruteu States, to be paid only upon the certificate of the com . mi sioners of claims, the sum of $20,000 of the unexpended balance of the appro priation made by act of March 3, 1873, is hereby reappropriated. 

The amendment was agreed to. 

The next amendment was after line 362 to insert the following: 

To enable the Secretary of t.he Treasury to pay the proprietors of the New York 

Tribtme for advertising m said journal, the sum of 39.10, or so much thereof as may be necessary, to be paid upon the audit of th~ proper accounting officers of the 

Treasury. 

The amendment was agreed to .. The next amendment was after line 368 to insert: 

For payment of the expense of editing the revised statutes, preparing the same for publication, and distributing the same, and for editing the annual statutes under the direction of the Secretary of State, $20,000, or so much thereof as shall be 

necessary. 

The amendment was agreed to. 

The next amendment was after line 373 to insert: 

To enable the Secretary of the Navy to complete the observations of the transit. 

of Venus, in December, 1874, and to return the parties of observation to the United 

States, $25,000, to be expended as provided by the act making appropriations for 

sundry civil expenses for the fiscal year ending June 30, 1873. 

The amendment wa-s agreed to. 

The next amendment was after line 381 to insert: 

For collecting information respecting the condition and importance of the fur 

trade in the Territory of .Alaska, as provided by act of April 22, 187~1 10,000, for 

the fiscal years 1874 and 1875, to be expended under the direction of u.ue Secretary 

of the Treasury. 

The amendment wa-s agreed to. 

The next amendment was after line 388 to insert the fol1owing : 

For the District of Columbia, the sum of 1,300,000, to be expended by the com- missioners of saicl Disbict, and applied as follows: First, to the payment of interest on the funded debt of said District due July 1, 1874; secondly, to the payment of 

officers, employes, and laborers of the District, whether of the District proper or of 

the board of public works; and the remainder to the current expen e of said District; all the above sums, except so much thereof as may befaid for interest, as aforesaid, to be considered and adjusted hereafter as a part o the proper proportional sum to be paid by the United States toward the expenses of the government of the Disb.>ict of Columbia. 

1\Ir. ALLISON. In line 396, after the words "public works," I move to insert "thirdly, to the payment of anyfudebtednessfor which the 

securities of the District are pledged." 

'l'he amendment to the amendment was agreed to. 

The amendment, as amended, was agreed to. 

The next amendment was after line 401 to insert the following: 

For the payment of M. .A.. Clancy, for services as stenographer in taking t-estimony in the matter of the impeachment of Richard Busteed, district judge of the 

district of .A.labama, the sum of $525. 

Mr. BOUTWELL. I move to amend that amendment by adding the 

following, which is an amendment of which I gave notice yesterday: 

For the payment of C. H. Evans, for services under the direction of the Commit- tee on Ways and Means of the Forty-second Congress, $500. . 

Mr. SARGENT. That should be reserved until we get through with 

the committee's amendments. 

Mr. BOUTWELL. 0, do not object. I shall not be able to remain 

here. 

Mr. SARGENT. Very well; I make no objection. 

The amendment to the amendment was agreed to. 

The amendment, as amended, was a~reed to. 

The next amendment of the CoiDIDlttee on Appropriations was to 

insert after line 406 the following: 

For expenses of the Joint Select Committee to inquire into the ..A..ffairs of the Dis· . trict of Columbia the sum of $6,000, or so much thereof as may be necessary. 

Mr. ALLISON. · I move after the word "necessary" to insert "to 

be available immediately." 

Mr. SARGENT. There is no objection to that. The amendment to the amendment was agreed to. 

The amendment, as amended, was agreed to. 

The reading of the bill was continued. 
1874. CONGRESSIONAL RECORD . . 5259 

The next amendment of the Committee on Appropriations was to 

insert after line 409 the following : 

For this amount, or so much thereof 1;18 may be necessar~ •. to enabl~ the Se~et.ary 

of the Interior to pa.y for supplies furmshed the Yankton S1oux Indians dmiDg the 

winter of 1tl66 and 1867, to prevent absolute starvation among said Indians, 11,329. 

The amenclment was agreed to. . . l\fr. SARGENT. I am instructed by the Comnnttee on Appropriations to offer the following amendment, to come in after line 416 : 

The sum of 832 220 is hereby appropriat~d to defray the expenses of the board 

of health of the District of Columbia. for sanitary pmposes for the fiscal year endinrr July 1 1875 · and the commissioners of the District of Columbia. be, and 

they are hereby, lliected to aRpropri:tte the same _amount, na~ely, 832,2-20, from 

tho funds of the District of Uolumb:ta. not othenVISe appropnated, for the same purpose. 

The amendment was agreed to. 

Mr. SARGENT. I am directed by the Committee on Appropriations 

to offer the following amendment, to come in at this point: 

That the sum of $1 000 is hereby appropriated for the salary of the Government 

tele•rraph operators at the Capitol dming the recess of Congress, $500 of the same t{) be paid by the Secretary of the Senate, and S5QO to be paid by the Clerk of the 

House of Representatives for the salary of the operator of the House. 

The amendment was agreed to. 

The Chief Clerk continued, the reading of the bill. The next amendment of the Committee on Appropriations was to 

insert after line 471: 

For the purchase for an Indian a."'ency station, the six hundred and forty a<lres of 

land situaterl on Lapwai Creek amfCI~r'Yater River, I~aho ~e~itory, heretofore 

granted totheAmericanBoardof ComnnssiOners for Fore.1~n MissiOns, 15,00~: Pro- vided That no part of this sum shall be pr.id until a perrect Htle to the sa1d land 

shall'be made to the United States by a warranty deed, to be approved by the Attorney-General. 

Mr. ROBERTSON. I should like to hear some explanation about 

that . .Mr. SARGENT. The conclition of things is just this: Years ago 

under a general law the American board of commissioners were granted this piec~ of land by the Unit.ed St_ates Gove:x:nme:qt. They 

had possession of It for years and sold It. Smce that time, and when 

this fact wa-s not much considerecl or was overlooked, the United 

States buHt agency buildings worth from one to two hundred thousand dollars upon this very piece of land, and now have the bnil~­

ings while the title to the land is recognized· by the courts to be ill 

. the person who bought from the Amei~ca:n board of .c?mmission_ers 

for missions. The Government, then, 1s ill the conditiOn of losmg 

from one to two hundred thousand dollars' worth of property, which 

it is now using and needs, or of buying the title so as to get a good 

title, and we thought it economical to do the latter. . · Mr. ROBERTSON. Does the Senator know that 50,000 will be 

enough to obtain the title Y • Mr. SARGENT. The Interior Department think it will, and we think it will. 

Mr. ROBERTSON. But I would not like to spend this money and 

then not get a .title. ~ 

Mr. SARGENT. The condition of the appropriation is that a good 

title shall be given to the United States. If the money will not secure the title it will not be spent. 

The amendment was agreed to. 

The Chief Clerk continued the reading of the bill. 

Mr. SARGENT. On page 21, line 507, the word "forty" should 

be "eighty." I move the a?l~ndment by or~er of the ~ommitt~e. 

That . increases the apprOJ?riation for surveyrng the public lands ill 

Nebraska from $40,000 to $ 0,000. 

The amendment was agreed to. 

The reading of the bill wa-s continued. 

The next amendment of the Committee o~ Appropriations was in 

line 529 to increa-se the appropriation for surveying the publiclands in 

Idaho Ten'itory from $20,000 to $30,000. The amendment was agreed to. 

The next amendment was in line 533 to increase the appropriation for surveying the public lands in New Mexico Territory from 

$20,000 to 30,000. 

The amendment was agreed to. 

The next amendment wa-s in line 755 to increase the appropriation 

for surveying the public lands in Oregon from $40,000 to $60,000. The amendment was agreed to. 

The next amendment was in line 563 to increase the appropriation for surveying the public lands in Washington Territory from 

$10,000 to 60,000. · The amendment was agreed to. 

The next amendment was after line 615to insert the following cl..'tuse: 

For lathing and plastering the under surlace of the roof above the ceiling of the Senate Chamber, $4,000. · 

The amendment was agreed to. 

'l'he next amendment was after line 618 to insert : 

Ji'or a new steam pump to supply the tanks located in the attic of the Senate wing of t.he Capitol, $800. 

The amendment was agreed t.o. 

The next amendment was after line 621 to insert: 

For replacing the defective portion of the roof on the Capitol, near the nome, by a copper roofing of fire·proof construction, and for erecting fire-walls, 15,000: P>·o- 1·id..ul, That the olcl materials shall be remanufactured and used in the r epairs of 

the Capitol. 

The amendment was agreed to. 

The next amendment was after line 626 to insert the following : 

For a commission consisting of Fred. Law Olmsted, of Ne":' York; W~run 

H ammond Hall, of San :Francisco; and.H. W. S. Cleveland,_of Chicago, to cotumler 

and r eport to Congress, at its next sesswn, by wha,t.econonncal measures the gr~test pulJlic value may be given to the connected sen~s of Go~ernment grounds, In· 

eluding those of the Capitol and those of the Executive Manswn, the sum of $1,500. 

The amendment was agreed to. The next amenclment was after line 634 to insert : 

For improvement of Capitol grounds, according to the plans and under the ~en

eral direction of Fred. Law Olnisted, to be expended by the architect of the Uapi- tol, S20o,ooo. 

l\Ir. SHERMAN. It seems to me there ought to be some limit inserted here providing that the whole expenditure contemplated by 

the plan propo ed shall not exceecl th , sum of $200,000, so far as the 

!!rounds are concerned. We know very well that a distinguished per- ~on like Mr. Olmsted may lay out a plan that may cost many times 

this. He may provide for fouutains a~cl _all sort~ of ornaments. It seems to me there ought to be some lumt. I will ask. the Senator 

from Vermont if $200,000 is intended to cover the whole rmprovement 

of the Capitol grounds, or is it a mere entering-wedge Y 

l\fr. MORRILL, of Vermont. I do not desire to take up much~ time 

in explanation of this amendment. The House h~ve proposed. 2b,~OO, 

as will be seen by the next·clause, and the Comnntteo on P'?-blic B~dings and Grounds of the Senate thought ~at w<;>uld be msuffi:ment, 

and perhaps we ought to have proposed 250,000 mstea-?- of 2LO,OOO. 

The Senator fromDhio need not be under any apprehensiOn that there 

will be anything done with thi:S $200,000.so. as to !nvolve the Government in a.nyverylarge expenditure, but It JS obvious that there must 

be a considerable amount expended before the work can be completed; 

and if the Senate will be patient to listen to me :five or ten minutes 

I will explain something of the plan of :Mr. Olmsted. 

It is that on the east side of the Capitol grounds the trees shall be 

thinned out so as to have open spaces or vistas, and leaving the two 

clumps of trees that now stand on eith'er side of the Capitol mainly as they now stand. The surface of the ground here will scarcely need 

to be much reduced, and if reduced at all these trees can still be left 

mainly as they are. Then there will be considerable of an open ~pace 

of oval shape on either side; and on the farther or eastern portion of 

the grounds the trees will have to be removed, because the grade of 

the ground will have to be rednced about six feet. Some of the trees can be saved and replanted. Then here in the front the idea of .Mr. 

Olmsted is that the present platform or terrace is too narrow to sup- port the ma<Tnificent structure above it; that it has too much the appearance of~ cheap fortification, and the ba e is too thin fo~ the large 

building to stand upon. 1\fr. Olmsted, the landscape architect, proposes therefore to extend the terrace about tw~nty feet, an5'1 to sup- port it by a granite wall surmounted by some slight de~oration; and 

that in the end there shall be far more acceptable stauways on the 

east side than those we now have, something in better proportion to 

the magnificence of the building and equal to ~hose that are. on the 

west side. The central walk he proposes to obliterate, and the trees 

that are on that walk it will have been noticed are such ~d of trees as ought to b~ removed. They are no longer ornam.e~tal. ?-'hey are mainly poplars or cottonwood trees, that are a positive nmsance as they stand and shut ont the whole view from the western front. The 

other two walks diverging right and left will be left to remain as they now are. Mr. SHERMAN. I have great confidence in the good taste and love of economy of my friend from Vermont; but I want to know whether 

this 200,000 covers the gross expenditure. 

Mr. MORRILL, of Vermont. I do not expect it will. I. am free ~o 

say that I think it will take considerably more. These starrways will 

cost I do not know how much, but not a 'dollar more will be expended 

than is absolutely necessary. 

Mr. SHERMAN. The Senate ought to know from the proper com- mittee before authorizing this work to be commenced under Mr. Olmsted's plans, what is to be the cost of carrying o:nt those plans. 

Tho e plans, I take it, are alreany prepared and announced. 

Mr. MORRILL, of Vermont. I may say that it has been impossible in the short time since Mr. Olmsted has been authorized to make 

these plans, to have them completed in full. 

l\fr. HOWE. Allow me to make a suggestimi to the Senator from 

Ohio. That Senator has entire confidence in the economical views of 

the Senator from Vermont as the Senate has. 

Mr. SHERMAN. But I should like to cross-examine hinl a little on public buildings. That is rather a soft place with my friend from 

Vermont. 

Mr. HOWE. I was about to inquire if the Senate would not be 

entirely content with this provision: · 

Provided The chairman of the Committee on Public Buildings and Grounds is 

associated 'witll Mr. Olmsted in the general direction of these improvements. 

1\Ir. SIIER.M:AN. That would be a very good suggestion. 

Mr. HOWE. Then I move that amendment. 

Mr. SHERMAN. I think it ought to be under the Committee on Public Buildings and Grounds of the two Houses, as a matter of COlli e. Mr. HOWE. A large body is not very desirable for such a ~urpose. 

Mr. SHERMAN. I think it ought to be under some comnnttee of 

Con<Tress so as not entirelv to carry out the magnificent ideas of an archltect; or a landscape girdener, who may be still more dangerous. 
5260 CONGRESSIONAL RECORD. JuNE 20, 

Mr. HOWE. I move to amend by a-dding after "Olmsted," in line 

637, the words "and the Committee on Public Buildings and Grounds 

of the Senate.~' 

Mr. MORRILL, of Vermont. Let me say to my friend from Wisconsin that I have no desire myself to occupy this po ition. I think 

it would not be acceptable to the House to have the chairman of one of our committees placed in this position, or to have a committee of 

the Senate alone, and therefore I t.hink it had better be omitted. 

The PRESIDING OFFICER. The question is on the amendment 

of the Senator from Wisconsin to the amendment of the committee, 

which will be read. 

The CHIEF CLERK. It is proposed to insert after " Olmsted," in 

line 637, the words "and th.e .Committee on Public Buildings and 

Grounds of the Senate." :Mr. MORRILL, of Vermont. I hope the Senate will not agree to 

that, for the rea on that it might detain the Committee on Public 

Buildings and Grounds here during the coming summer. If it was merely forus tocomehere onceor twicewemight beabletodothat; but 

I think tho Senator from \Visconsin had better select somebody else 

than put my name in there or that of our committee. I am quite 

satisfied that the House will not consent to have a committee of the 

Senate named alone. . Mr . . 1\!0RRILL, of Maine. Let us go on and we ca,n settle this in 

the Senate. 

Mr. HOWE. Let it go now and we will consider it in the Senate. 

["Agreed."] 

The amendment to the amendment wa agreed to. · The amendment, aa amended, was agreed to. The next amendment of the Committee on Appropriations was to 

strike ont from line 639 to 642 the following clause: 

For improving the Capitol grotmde, for coping and fiao-~g the foot-walks around 

the sam and for paving the roadway at the eastern front,~ 125,000. . 

The amendment was agreed to. 

The next amendment was in line 647 to insert the words "and 

stable" after "engine-house," and in line 649 to strike out" 10" and 

insert " 15 ;" so as to make the clause read: 

For the purpo e of erecting on Capitol Hill, near the Capitol building, a suitable 

engine-house and stable to supply thep~e of engine-house No.3, recentlyordru:ed removed by Congress, 15,000 • . 

The amendment wa agreed to. 

The next amendment was to strik~ out the following clause, beginning in line 650: 

For preservation and repairs of the United States court-house in Washington City, formerly known ru~ the City-ball building, $3,000. 

And in lieu thereof to in ert: 

For xtending court-house (old City-hall) in the city of Washington, in accord- ance with plans of the architect of the Capitol, to be approved by the Secretary of the Interior, for the accommodation of the District courts, Court of Claims, and 

the Pen ion Office, and for making the necessary repairs to the old building, $150,000. 

Mr. HOWE. I wish that rojght be amended so as to provide either 

for extending the present building or constructing a new building, as the architect shall think best. My reason is that the plan of the present building is one which it seems to me ought not to be extended . There must be a great deal of additional room provided sooner or later i and· it seems to me that instead of trying to extend the pre ent 

building, it might be thought better to devise a new building. The 

pre ent building is not worth much ; the material to put -into a new buildin~ it. seems to me is worth a,s much as the pre ent building. If 

the chau·man of the Committee on Public Buildings and Grotmds will _ be content with the amendment I have su~gested I should prefer it. 

Mr. :MORRILL, of Vermont. We have already paid $75,000 for one- half of this building. I think that the plan suggested by the architect 

of the Capitol extension is a very valuable plan; that it will give us about three times the amount of room we now have, and when the 

building is up it will be a very handsome looking building. It is proposed to extend it so as to reach to E street and have a frontage on three sides. That will certainly not ma,ke a bad appearance, ( exhib- itinO' the pl:1n.) There is a pressing necessity for more room in this 

Capttol for committees in both branches. We are compol1ed to put 

two committees into one room to a very considerable extent. The 

Court of Cl::tims occupy valuable space that might be converted into 

several committee-rooms. There is also a neces it.y for omeroom for 

the Commissioner of Pensions, all of whose papers are now in what is 

called the Seaton House, very liable to fire; and the loss would be 

immense if the papers were destroyed. This building can be extended so as to give the courts of the District, the Court of Claims, and the 

Pension Bureau ample room at a very small expense. Mr. SARGENT. For the appropriation hereT ~fr. MORRILL, of Vermont. We only propose to expend a portion 

this sea on. Mr. HOWE. 1 do not object to the appropriation at all; I only ask 

the Senator to consent to au amendment which will leave to the architect the altern::ttive either of extending this building or building on a new plan, as hall be thought best after due consultation. 

Mr. MORRILL, of Vermont. I have no objection to that. 

Mr. SARGENT. I object; I suggest that we shall find a building that will cost 6,000,-000 before we get through if we do that. How 

much does it take to build a public building from the ground up in 

this city One hundred and fifty thousand dollars will put this building into shape. • 

1\.fr. MORRILL, of Vermont. No. When the building is entirely 

completed it will cost .,.239,000. 

:Mr. SARGENT . .Ali right. Now, to start from the ground up and 

taking down this building will cost us 6,000,000. 

Mr. HOWE. It would cost necessarily no more if yon accept the 

amendment that I propo e. It leave' an alternative to the architect. 

No one here knows whether he can enlarge this building cheaper than 

he can build a new one or not. 

Mr. MORRILL, of Vermont. Of course he can enlarge this cheaper 

than construct a new building. There cannot be any doubt about 

that. I think the clause had better go as it i , because the plans are already macle out. · · . Mr. HOWE. I withdraw my amendment until we get into the 

Senat . The PRESIDING OFFICER. The question is on the amendment 

of the Committee on Appropriations. 

The amendment wa.s agreed to. 

Mr. SARGENT. I am instructed by the Committee on Appropriations to offer the following amendment to come in at this point: 

To secure the foundation walls and fit up rooms in the bru~ement of the General 

Post-Office building, 100,000, or so much thereof a.s may be necessary. · 

The amendment was agreed to. · The Chief Clerk continued the read_ing of the bill. 

The next amendment of the Committee on Appro riatious was to 

insei-t after line 685 the following clause : 

To pay the indebtedness incurred and now duet and to paY: in part the e:xpem;es of the Reform Sc.bool of the Dishict of Columbia. for the fi cal year ending June 30, 

1875, it bein~ for food and clothing of the boys in said school, th sum of ~15,000; to be deducted' from any money hereafter appropriated for the Distlict of Columbia. 

The amendment was agreed to. 

The next amendment was after line 733 to insert: 

For continuing the work on the erection and fitting up tlie buildiJ1t!5 of the institution in accordance with plan heretofore submitteu to Congress, $29,000. 

The amendment was agreed to. 

The next amendment was after line 761 to in ert: 

For the Women's Christian A ociation of the District of Columbia, $25,000; to be expt'nded for the sole purpo e of erecting a. building on the ground owned by &'\i<l association in saill District, upon and in st1ict confortnity with a plan for saitl 

building, which shall be prepared by the architect of the Capitol extension; and it 

shall not, for building and furnishing, exceed the said sum of 25,000 ; and no moneY: shall be paid under this appro}lriation until the Secretary of the TreaPu.ry shall l)e satis-fied that a contract, with good security for its execution, ha-s bocu 

entered into for the erectiou and furnishing of said buHding, at a sum not exceeding the amount hereby appropriated; and all payments for the erection and furni bing of said building shall be made by the Secretary of the Treasury directly 

upon vouchers to be approved by him: Provided, (and this appropriation is upon 

the express condition,) 'Dhat none of the money hereby appropria~fl shall be paid by tbe Secretary of the Treasury unill said association shall file, with the recorder 

of deeds in the District of Columbia, a declaration, oncutcd and aclmowle<lge:l in 

the manner in which deeds are required bylaw to be executed for record in the District of Columbia; that said building, and the lands on which it is erected, foreYer shall be helclin trust bv said association, without mortgage or security in the nature of JDOrt!];ao-e, for the sole purposes of said association, as defined in its charter of 

date of December 13, 1870; and the filing of said declaration shalll;e regarded as notice to all persons who shall purchase said property or take any security thereon. 

. The amendment was agreed to. 

The next amendment was aftoer line 792 to insert : 

For the Little Sist-ers of the Poor of Wa hington City, to liquitlate a debt on the 

building and to complete said bnildin~, 25,000. 

The amendment was agreed to. 

The next amendment was after line 843 to in ert the following : 

For building a steamer for the Coru~t Survey, for u eon the G lf coast, 76,000. 

Mr. HOWE. I want to a k the Senator in charge of the bill if 

there are not ple ty of unused vessels in theN avy t.hat could be had . lfr. SARGENT. No; not for this purpose. It require a trong, 

light-draught steamer to survey the shoals there-a !:lt.eamer stTong 

enough to stand any storm if it happens to be cauo-ht in one, and 

light enough to take refuge in the shallow and narrow inlets. · The amendment was agreed to. 

The next ::tmendment was to striko out lines , 880, and 8!>0, in 

the following words : 

To pay commissions allowed by law to collectors of customs acting as superintendents of lights, ..,8,000. 

The amendment was agreed to. 

The next amendment was after line 898 to insert: 

For re-establishing the light-house at Indian Island, at Rockport Harbor, Maine, 

$9,000. . 

The amendment was agreed to. 

The Chief Clerk resumed the rea:ding of the bill. 

1\fr. SARGEN'r. On page 39 I a k leave to change the name "Navesink" to "Neversink," in the two places where it occm·s. According 

to Lippincott's Gazetteer" Keversink" is the proper palling. 

The PRESIDING OFFICER. If there is no objection that correc- tion will be made. . The next amendment of the Committee on Appropriations was on page 39 to strike out from lines U40 to 951, inclusive, in the following 

words: 

Provided, That whenever it may become necessary, in the adjustment of boundary lines or in the opening or changing of necessary roadwavs affecting lands belonging to the United Sta,tes and used for tbe purpo es of the ligllt-house establish - ments a.t Staten Island, New York, and at the Highlands of Neversink, New J er s y, or any part thereof, the Secretary of the Treas ury is hereby autborizeu to ex-
1874. CONGRESSIONAL RECORD. 5261 

ecnte for such purposes touching the property above referred to, or any part thereof the necessary con-veyances and assurances, and to receive, in consideration 

u;erefor, such other conveyances or assurances of adjoining lands, or of la.nds in 

the immediate vicinity, or other consideration, as may be agreed upon. 

The amendment was agreeu to. 

The next amendment was to strike out lines 955 to 960; inclusive, 

in the following words : 

And the Secretary of the Trea.~nry is authorized to place a fog-bell (to be rung 

during the prevalence of a fog) a.t such points at or near the entrance to the harbor 

of New York as may be designated by the proper officers; the expenses thereof to be paid out of any unappropriated money in the Treasury. 

The ·amendment wa agreed to. 

The Chief Clerk resumed ~he reading of the bill. 

1\fr. SARGENT. In line 971 I move to strike out "approved" and 

in ert the word "made," so as to read "the balance of appropriation 

made Juno 10, 1872." 

The PRESIDING OFFICER. That correction will be made if there 

be no objection. . · The Chief Clerk resumed the reading of the bill. 

The next. amendment wru> of the Committee on Appropriations after 

line 1010 to insert: 

For building a light-house at or ncar Solomon's Lump, in Kedges Strait, between 

Tan!!i.er Sounil and Chesapeake Bay, l!l:J,OOO : Prwided, '£hat the light-house at Fog Pouit be discontinued after the completion of the al>ove. . 

The amenument was agreed to. The next amendment was in line 1048 to strike out the word "Vir- ginia" and insert "or Port Tobacco fiats, in the iliscrotion of the 

Department;" so a.s to read : 

For light-house and d..'\y-beacon a.t or in the vicinity of Mathias Point, or Port 

Tobacco fiats, in the discretion of the Dep::1rtment, ~0,000 . 

1\fr. SARGENT. That should be "in the discretion of the Lighthouse Board." · The PRESIDING OFFICER. The amendment will be so modified 

if there be no objection. 

The amendment, as modified, was agreed to. :Mr. SARGENT. The Committee on Appropriations have in tructed me to move to strike out from line 1075 to tho ond of tho paragraph 

the clause extending the jurisdiction of the Light-house Board ov:er the :Mississippi, Missouri, and Ohio Rivers. The Chief Clerk read the words proposed to be stricken out, ua fol-. 

lows: 

That the jurisdiction of the Light-house Board, created by the act entitled ".A.n act making appropriations for light-houses, light-boats, buoys, &c., and providing for the erection and establishment of the same, and for other purposes," approved 

Au <rust 31, 185~. is herel>y extended o-ver the Missis ippi, Ohio, and MissounlU vers, for the establishment of such bea<:on-li~;hts, uay-beacons, and buoys ~s may be nece sary for the use of vessolq navigating tho. o streams; and for this purpose 

the said board is hereby required to ill vide the designated rivers into one or two a.dditionn,llif;!:)lt-house districts, to bo in all respect similar to the alreatly exi ting light-house aistricts ; and 1s hereby authorized to 1 ase the necessary ground for 

all such lights and beacons as are used to point out changeable channels, and 

which in cousequenoe cannot be made permanent. 

Mr. BOGY. I hope that amendment will not be adopted, and I will 

state the reason why. It will be seen by reading the paragraph that 

it is an appropriation of 50,000· for the erection of light-houses on the Mississippi, Ohio, and Missouri Rivers, and to make t.hat available 

it is proper that the work be put under the control of the Light-house 

Board. If we are to build light-houses on the Mississippi River where 

they are necessary and. where they have been petitioned for by a. large number of p~ople m the West, they hould be under the control 

of the Light-house Board. I will sta1;e furthermore that two bills have 

passed the House this winter on this very subject. It is a matter 

which is very much desired in the West, and I believe it to be very 

important. The appropriation is small, and it will be seen it is for a survey of these rivers, and if i t is deemed proper that these lighthouses should be established in the West, they should be pla~ed un- der the control of the Light-house Board. I hope the amendment will 

not be adopted. 

Mr. HAMLIN. I should like to know of the committee who reported 

the bill why this language is not wise, well, and proper. If buoys are to be placed in the rivers, if light-houses are to be erected upon 

their banks, if any of those works which come appropriately within 

the jurisdiction of the Light-house Board are to be erected, why should 

they not,· and why is it not better thn,t they should have jurisdiction 

there as they have it elsewhe1·e ¥ The Light-house Board has system- atized its methods of busine s. They have their rules which apply, 

I believe, as near as may be equally to all sections, and they understand precisely what is appropriate in one case aa well a.s in another. I cannot see any objection to this clause, and it seems to me that it 

is much wiser and much better that the whole thing should be under one jurisdiction, and then it will be better cared for. I should like 

to know what reason there is for striking out the clMJ.se. Mr. SARGENT. The Senator from Kentucky [Mr. STEVENSON] 

has the matter in charge, anu I desire him to explain it. 

Mr. IIAMLIN. I should like to hear what he has to sa,y. 

1\fr. STEVENSON. I live on the Ohio River, and I have lived on the Mississippi. If there is any necessity for a light-house, I am not aware of it. I am for economizing as fai" as I can, and yet wi)ling to 

appropriate a,ny money that is deemed necessary. I have never been 

convinced that light-houses were necessary either on the Mississippi or tqe Ohio River. On the contrary my experience is exactly the re- verse. I remember, many years ago, that a light-P,ouse was erected 

at Natchez. It was put there at considerable cot, and during my 

residence in Mis issippi and my frequent visits to New Orleans it was always spoken of as "the folly" both of the man who planned it and 

of the Government who put it there, us being wholly and entirely unnecessary. Tha,t is my experience. I have never seen ono that was necessary. I have never heard any demand for one. As for the 

urveys, they may be very nece sary, and I should have no objection 

to the establishment of buoys; but aa to light-houses, I think they 

will be entirely unnecessary on these rivers, so far us I know or be-· 

lieve. 

Mr. HAMLIN. Let me ask my friend if this clause makes any pro- vision for light-houses t None whatever. It refers to a bill which 

does, and in that bill light-boats, buoys, &c., are desiguat,ed. I ask the 

Senator, who knows very much bet.ter than I do, if there are no buoys, 

if there are no monuments in any of the rivers of the West to maJ:k 

the shoals and all the dangerous places t Upon the little rivers which we have and over which t.he Light-house Board has entire control we have buoys, we have signals,.and we ha,ve a variety of mothods of 

de ignating sunken rocks, shoals, and quicksand, and they are all 

under the Light-house Board. I ha-d suppo ed t.hat some such thing 

might be necessru:y upon ~hose rivers. I do not think this clause sug- ge ts the idea of building light-hon es. · ?tfr. STEVENSON. 1\fr. President, I am not a theorist. · I have, 

however, some practical knowledge on this subject. I have lived for 

thirty-odd years uninterruptedly on the Ohio. Any gentleman who 

is acquainted with that river knows that it is continually shifting its 

bars, n.nd if you were to put a buoy there this year yon would prob- u.bly have to change it next year. I am unwilling to pnt these rivers 

under the Light-hou e Board. I am unwilling that they should have 

jurisdiction over subjects which it does not "'em to me come within 

the purview of their organization as a board. 

Now, in regard to light-hou es, I am alway willing, wherever they are necessary, to erect them; but I have already stated I do not think _tLey are necessary here. I n regard to buoys and things of that sort, 

let them be esta.bli hed by then ver commissioner those 1.mder whose 

cha,rge the lissis ippi River is, and not give to this Light-house Board 

the jurisdiction of these rivers, which they do not understand and are not half as familiar with as the western people, whose busine sit is 

to navigate them. . The Government has alreauy officers connected 

with these rivers. I am very unwilling to extend the jurisrliction of 

the Light-house Board to these rivers; but I have no feeling about it 

at all. 

Mr. BOGY. I will state that this provision is perhaps the work of 

the delegation from Missouri; in fact I know that it is so; and it was brought about by the solicitation of the boatmen on the Mississippi. I do not know anything about the Ohio. I know this is very much 

de ired by the boatmen on the Mississippi; I know it is very much · desired by the exchange of the city of Saint Louis, and I hold in my 

hand a pamphlet containing all the informa.tion on this subject in 

regard to the importance of light-houses and buoys, and requesting 

the whole to be placed under the control of this Light-house Board ; 

and I can say from having conversed with some of the leading boat- men of the West in the city of Washington thi winter, that they are very anxious for this thing. I believe my elf it is an absolute neces-· sity. If there are to be light-houses in the West they certainly ought 

to be under some control, a,nd I can mysolf imagine no objection to 

placing them under the control of the Light-house Board. I think it 

is the proper place, 1Jeca't1se it is a boa,rd especially for this purpo e. I do hope that this paragraph will be permitted to remain as it is a,nd 

not be altered at all. l know this appropriation is desirod in the 

West and on the Mississippi River. · Mr. STEVENSON. Of course I do not desire to antagonize with 

t,he Senator from Missouri; but I a.m. astonished that he should declare his belief that light-houses are necessary on those river , when we have been here for eighty or ninety years without one proposition ever having -been made, so far as I know or believe, for one. He 

knows as well as I do that the only one that wu erected on the Mis- sissippi Riv·er was regarded a a consummate folly. I see a,round me gentlemen older than myself who a,re acquainted with that coun- try, n,nd who no doubt have seen that light-house, as I have. It was permitted to tumble into t.he river. It was not useu for years before 

it did tumble in. The Senator has seen, I have no donbt,-oftener 

than I have, the light-house at Nat chez known as "The Folly." That . was the name given to it by the people. · If we are to go into this 

business of putting light-houses on the river, and I want the Ohio 

and Mississippi to have ·everything that is necessary for their improvement, I should like the Light-house Boaru itself to make some recommendations. Mr. BOGY. This is for a survey of the Mi issippi, and then when 

by the survey the light-houses a.re found to be neces ary they are to 

be placed under the control of the Light-house Board. 

Mr. SARGENT. They are required to be divided by districts now. The PRESIDING OFFICER. The question is on the amendment 

of the committee. · Mr. BOGY. Let us understand the question. This is the provision of the bill as it comes from the House without amendment. 

The PRESIDING OFFICER. The Chair understands the com- mittee move to strike out. 1\fr. SARGENT. Exactly. I ma-de t.he motion myself on behalf of . the committee 
CONGRESSIONAL. RECORD. JUNE 20,' 

The PRESIDING OFFICER. The motion is to strike out. The 

Secretary will report the amendment as proposed by the committee. 

The Chief Clerk read the amendment. 

The question being put, a division wa-s called for; and there were- ayes 19, noes 14 ; no quorum voting. 

Mr. ANTHONY. There is a quorum preeent. 

Mr. EDMUNDS. Let us have another division. I hope the amendment will be agreed to, as it is recommended by the committee. 

Mr. SARGENT. Yes, sir; the committee have recommended it. 

The PRESIDING OFFICER. The Chair understands the com- mittee has recommended the amendment. 

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

Mr. SARGENT. It can be reserved in the Senate. 

1\!r. BOGY. We may as well vote upon it now as then. 

The PRESIDING OFFICER. Does the Senator insist on the call T 

Mr. BOGY. I will not insist on it. 

The question being again put, the amendment was agreed to; there 

being on a division-ayes 22, noes 16. 

Mr. BOGY. I give notice that I shall reserve this amendment in ·the Senate. · Mr. JOHNSTON. The word "Virginia". has been omitted in line 

1115 after the words "York River." It is an accidental omission I 

suppose.· 1\.fT. SARGENT. There i<J no necessity for the insertion of the word 

"Virginia" after the word" River." 

Mr. JOHNSTON. I prefer to have it put in. 

The PRESIDING OFFICER. The amendment will be made if 

there be no objection. The Chair hears no objection. 

The Chief Clerk continued the reading of the bill. 

The next amendment of the Committee on Appropriations was to 

strike out the following proviso to the appropriation for the con- struction of a light-house at the mouth of Thunder Bay River, in the 

State of Michigan, in line 1118: 

Provided, That all tolls on vessels entering or leaving the river shall be abolished 

after the light-house is completed. . 

The amendment was agreed to. 

The next amendment was in liile 1133, before the words "fog-signal" 

insert "light-house and;" so a-s to read: . 

For a light-house and fog-signal on Yerba Buena Island, in the :Bay of S:m Fran- cisco, California, $10,000. 

The amendment was agreed to. 

The next amendment was to insert at the end of the clause making 

available the unexpended balance of the appropriation for a first-class 

light--house and fog-signal at Piedras Blancas, California, the following words: 

• And the balance of the appropriation made by the act of .Tune 10, 1872, for the 

construction of a light-house and fog-signal at Point Fermin light-station, remaining unexpended, is hereby reappropriated. 

The amendment was agreed to. 

The next amendment was to insert after line 1143 the following clause: · 

To enable the Light-house :Bo:trd to continue its experiments in relation to fogbells or other signals for the protection of the commercial marine, $5,000. 

The amendment was agreed to. 

Mr. MORRILL, of Maine. I move to amend by inserting after line 

1146 the following: 

For building a. relief light-ship for general service, in addition to the amount heretofore appropriated, $15,000, or so much thereof as may be necessary. 

There was a small·sum appropriated, twenty-five or thirty thousand dollars, last year, and it is found on opening the bids that this sum in addition is necessary. 

The amendment was agreed to. 

The Chief Clerk continued the reading of the bill. 

'l'he next amendment of the Committee on Appropriations was to 

strike out the following clause from line 1197 to line 1200 : 

To enable the Secretary of War to provide for constructing a military bridge across the North · Platte River, at or near Fort Laramie, Wyoming Territory, $15,000. 

Mr. SARGENT. The committee withdraw that amendment so that 

that clause shall stand as part of the text. 

The PRESIDING OFFICER. If there be no objection, the amendment will be regarded as disagreed to, so that the clause remains in 

the bill. · 

The Chief Clerk continued the reading ·of the bill. The next 

amendment of the Committee on Appropriations was after line 1232 

to insert the following proviso : 

Provided, That the Secretary of War is authorized to employ not exceeding thir- teen enlisted men for one year in the Ordnance :Bureau. 

The amendment was agreed to. · The next amendment was after line 1243 to insert the following : 

For continuing experiments with the Moffatt system of breech-loading cannon nn.der the direction of the Secretary of War, the sum of $10,000 is hereoy appro~ pnatcd. · 

The amendment was agreed to. 

The next amendment was after line 1247 to insert : 

For the purpose of testing Mr. Lee's breech-loading gun, under the direction of 

the Secretary of War, the sum of $10,000 is hereby appropriated. 

The amendment was agreed to. 

The Secretary continued the reading of the bill, and read the clause 

making appropriations for the Signal Office. 

1\Ir. OGLESBY. I should like to inquire of the chairman of the 

Committee on Printing what is meant by "maps" and ''bulletins" 

and how they are printed. I ask the question because I hear it aid 

that while the Bureaus ru:e complaining of a want of accommodations 

they are putting up printing-presses and crowding in printers, en- gravers, &c. 

Mr. ANTHONY. I think not. There was, a-s I stated in speaking 

upon an amendment in the early part of this bill, a time when in nearly 

all the Departments there were little printing offices. I do not think 

there was any engraving; but there may have been. They were all 

abolished after the war by an act of Congress, as they should have 

been. There is in the Signal Office a little lit.hographto press for printing the daily reports, the little weather maps tha.r are sent around. 

That work must necessarily be done in t'b.e Signal Office because the 

maps are altered three times a day, and it would be almost impossible 

to have that work done properly out of tho office. But the general 

maps and bulletins that they publish are done at private establishments where they ought to be done, and where of course they can be 

done better than they can at the Government establishment. Undoubtedly work of that kind costs more at a Government establishment than anywhere else. Some of that work must be done there; 

but that I think does not come under this clause. 

Mr. SARGENT. I offer an amendment to come in after line 1298: 

For this amount, or so much thereof as may be nece ary1 for the ere{Jtion of 

winter quarters for troops stationed near the Red Cloud ana Whetstone Indian 

agencies, $30,000. 

The amendment was agreed to. 

The Chief Clerk continued the reading of the bill. 

The next amendment of the Committee on Appropriations was to 

insert at the end of the clause making appropriations for the support 

of Freedmen's Hospital and Asylum at Washington, District of Columbia, the following proviso: . 

Provided, That after .Tune 30, 1874, the Freedmen's Hospital in the District of 

Columbia shall, until otherwise ordered byCon~ess, be continued under the direction of the Secretary of the Interior, who sha.u make all estimates and pa.ss all 

a-c.connts, and shall be accountabll) to the Treasury of the United States for all expen~tures; ?-.nd all property, incl?-ding hospital and quartermaster's store , belongmg to saad hospital, ana now m charge of the War Department, be also 

transferred to the Interior Department. 

The amendment wa-s agreed to. 

The next amendment was to insert after line 1314 the following 

clause: 

For the National Association for the Relief of the Colored Women and Children 

of the District of Colurubia., ~10,000. 

The amendment was agreed to. 

The next amendment was in line 1332 to strike out after the words u distributed as" the word "heretofore," in line 1333 before the word 

"sixty" to insert the words "Congress may hereafter direct," and in 

line 1335 after the words "edition of" to strike out the word ":five" 

and insert "ten ; " so as to read : 

For continuina the publication of the Medical and Surgical History of tbe War, 

to be distributed' as Congress may hereafter direct, $60,000; to be used in the prep- aration of illustrations for a new edition of ten thousand copies of entire workP.rovided, That the necessary engraving and lithographing for those publication~ may be executed under the directions of the Secretary of \Var, without advertise- ment. 

The amendment was agreed to. 

Mr. OGLESBY. What is meant by "ten thousand copies of entire work~" Do the committee mean to republish the two volumes 

already published~ Two volumes of this work have been published. 

Do I understand the committee to provide for ten thousand additional copies of those volumes T . 1\Ir. SARGENT. Yes; we intend to print those. There is an enor- mous demand for this book from the Senator's own State, certainly 

from mine, and every other State. 

1\fr. OGLESBY. And the object is to reprint those volumes f 

Mr. SARGENT. The object is to make a complete edition from the 

beginning to the end. It is too valuable a book to be printed in the 

limited amount which we have provided for. · It costs too much in 

proportion to the number we have to give out. 

Mr. OGLESBY. I ask the Senator from Califomia if he can state 

what has been about the cost of each volume. 

Mr. SARGENT. The cost of course has been large, because there are so few printed. The cost is in the illustrations and in getting up 

the Book, and of course if a thousand copies of an expensive book are printed, each copy costs a great deal more in proportion than if twenty 

thousand copies were printed. I cannot tell the cost of each book, 

but I have no doubt about eighteen dollars. · The amendm~t was agreed to. 

The next amendment of the Committee on Appropriations was to 

insert after line 1338 the following clause: 

For completing the medical statistics of the Provost-Marshal-General's Burea.n, 

the unexpended balance of the appropriation made b:y the act of July 28, 1866, is 

hereby continued and made available. And the chief medical purveyor of the 

Army shall have the rank and pay of colonel. 

Mr. SARGENT. After the worn "pay" the words "and emoluments" should be inserted, and strike out the worcl "and" before it. 

The PRESIDENT pro tempore. The amendment will be so modified. - The amendment, as modified, was agreed to. 
1874. CONGRESSIONAL RECORD. 5263 

The next amendment was to strike out lines 1362 to 1365, inclusive, 

in the following words : For a resurvey of the A usable River, Michlgan, and establishing doc_k 1?-nes, not e-xceeding 1,000 to be paid for from unexpended balance of a.ppropnation heretofore made for the improvement or said river. 

7he amendment was agreed to. 

The next amendment was after line 1381 to insert the following 

clause: 

For improving the portion of Fran~ Square on K street lately add~d to th~se 

grounds, and for grading and completing edges of walks, and for grarute copmg 

for fountain bowi, and planting trees, $3,000. 

The amendment was a,greed to. The next amendment was in lines 1387 and 1388 after the words 

"Lincoln Square" to strike out the words "or such reservation as the 

President may select;" so as to read : 

For a pedestal for Ball's bronze statue of Lincoln, to be placed in Lincoln Square, 

$3,000. 

The amendment was agreed to. 

Mr. SARGENT. In line 1454 "1,500" should be stTicken out and 

"3,000" inserted; so as to make the appropriation, under the bead 

of Washington aqueduct, for building dwelling and office at Great 

Falls, 3,000. 

The amendment was agreed to. 

The next amendment was after line 1461 to insert the following: 

For widening embankments along the line of the Washington aqueduct, $5,000. 

The amendment was agreed to. 

The next amendment was to strike out lines 1465, 1466, and 1467, 

in the following words : 

For bounty to seamen, to pay certificates issued to State of New Hampshlre, f739.50. . 

The amendment was agreed to. · The next amendment was, after line 1497, to insert as an additiona,l 

proviso in the clause appropriating for repairs at the different navyyards and preservation of the same the following clause : 

P·rovidedf1trther, That the Secretary of the Navy be authorized to use, during the ensuing fiscal year, the balance of appropriation heretofore made to the Navy 

Department for the construction of a floating iron dock, remaining unexpended, 

for the purpo e of completing the repairs on the double-turreted monitors Miantonomah, Puritan, Terror, and Monadllock: Provided further, That the period of re- tirement for naval coustructors shall be at sixty-five instead of sixty-two years, as now provided. . 

The amendment was agreed to. 

The next amendment was after line 1540, in the appropriation for 

custom-house and post-office building at Cincinnati, Ohio, to insert: 

And the entire cost of said building, exclusive of cost of site, shall not exceed 

$4,000,000. 

Mr. SARGENT. By some mistake there is a transfer of amounts 

between Cincinnati and Philadel~hla. In order that it may be cor- rected I move here to strike out "~,000,000" and insert "$3,500,000," 

and I shall move a corresponding amendment when we reach the appropriation for the building at Philadelphia. 

The amendment to the amendment was agreed to. · The amendment, as amended, was agreed to. 

The next amendment was in line 1548 to add the following proviso 

to the appropriation for custom-house, court-house, and post-office 

building at Evansville, Indiana: · 

Provided, That the restrictions as to the material of whlch said building shall be 

constructed are hereby removed. 

The amendment was agreed to. Mr. SARGENT. I ofter the following amendment to come in after 

line 1550: 

1579, to strike out the words "of the amount herein" and insert 

"which amount is hereby." 

The amendment was agreed to. 

The next amendment was in line 1585, in the appropriation for the 

custom-house at Portland, Oregon, to increase the appropriation "for 

grading, fences, and approaches" from $20,000 to $29,800. 

The amendment was agreed, to. 

The next amendment was to add to the clause for the court-house 

and post-office at Philadelphia, for the continuation of· the construction of the building, the words: 

And t-he entire cost of said buililing, exclusive of cost of site, shall not exceed 

$3,500,000. 

Mr. SARGENT. This concludes the amend._T!!ent which I made a few moments ago, reversing Philadelphia to correct a mistake; 

"$3,500,000" should be stricken out and "$400,000,000" inserted. . The amendment to the amendment was agreed to. 

The amendment, as amended, was agreed to. 

The next amendment was after line 1607 to insert: 

For machinery-and fitting up of the new mint building at San Francisco, 18,000, 

to be available immediately; and for fitting u'p a refinery in said mint, eJ4,500. 

The amendment was agreed to. 

The next amendment was after line 1611 to insert: 

For this amount, or so much thereof as may be necessary, for repairina and fitting 

np the old branch-mint building at San Francisco for suo-treasury an8 other Gov- ernment offices, 30,000. 

The amendment was agreed to. 

Mr. MORRILL, of Maine. I move to insert after the word "dollars" in line 1639 the words: 

That the limitation of the cost of the court-house and post-office building at Raleigh, North Carolina, contained in the act of March 3, 1873, is hereby increased to $350,000. 

The amendment was agreed to. 

The reading of the bill was continued. 

The next amendment of the Committee on Appropriations was to 

insert after line 1639 the following: 

That the sum of $100,000 for the erection of a public building for the nse of the 

United States at Covington, Kentucky, appropriated by an act approved February 

17, 1873, be, and the same is hereby, continued; and the sum of money authorized to be expended in the construction of said building is hereby fixed at $250,000; and 

all restrictions a-s to the materials in said act are hereby repealed ; no sum of money in excess of 250,000 shall be expended in the construction of said building; and ail acts or parts of acts inconsistent with the provisions hereof are hereby repealed. 

. The amendment was agreed to. 

The next amendment was to insert after line.1652: 

That the a{lt entit.led ".A.n act for the erection of a public building for the use of the United States a.t Nashville, Tennessee," approvefl.Tanuary 24, 1873, be, and 

the same is hereby, amended so that the sum of money authorized to be expended 

in the erection of said building is hereby fixed at $377,000; and all restrictions in 

said act are hereby repealed; and no sum of money in exce of the amount fixecl 

by this aet shall be expended in the constrnction of said building; and all acts and 

parts of acts inconsistent with the provisions hereof are hereby repealed. 

The amendment was agreed to. 

Mr. SARGENT. I am authorized to offer the following amendment 

in the clause making an appropriation for the continuation of the 

construction of the buil<ling for the State, War, and Navy Departments in line 1670 : 

And for preparation of granite and commencement of the north wing of said 

building, $250,000. 

The amendment was agreed to. 

The next amendment was in the clause appropriating 150,000 for 

furniture, repail:s, and carpets for public buildings under the control 

of the Treasury Department, in line 1676 to add the words: 

Of thls amount $20,000 shall be available immediat~ly. 

And pTO'IJiiledfurfher, That the restri"ctions as to the materiaJ. of whlch the post- The amendment was a5rreed to. 

office building at Lincoln, Nebraska., shall be constructed are hereby removed. ~ The next amendment was after line 1697 to insert the following The amendment was agreed to. clause : 

The reading of the bill was resumed. Mint of the United States at Carson: For wages of workmen and adju ters, 

The next amendment of the Committee on Appropriations was to $20,000; for incidental and contingent e:~..-penses, $25,000. And so much of the 

add after the word ''dollars," in line 1553, the words" and the entire amounts hereby appropriated for tlie mint at Carson as may be necessary is made 

cost of such building, exclusive of co~:~t of site, shall not exceed available for the expenditure during the current fiscal year. 

$400,000 ;" so as to read: The amendment was agreed to. Custom-house and post-office, Hartford, Connecticut: For continuation of build- 1\lr. SARGENT. After line 1704 I move to insert: 

ing, $150,000. And the entir·e cost of said buildin:?:. exclusive of cost of site, shall For incidental expenses of the .New York assay office, $25,000. not exceed $4001 000. The amendment was agreed to. 

1\Ir. SARGENT. The city of Hartford gave the site; and the ex- The reading of the bill was continued. 

pression "exclusive of cost of site" is inadvertent, and for that reason The next amendment of the Committee on Appropriations was to 

I move to strike it out. insert after the amendment just adopted the following: · 

The amendment to the amendment was agreed to. Loss in the redemption of old copper cents, being the difference between the 

The amendment, as amended, was agreed to. nominal value of the old copper cents and the value of the same as metal, ,.;'7,500. 

The next amendment of the Committee on Appropriations wa,s in The amendment was agreed to. 

line 1567 to strike out "$50,000" and insert " 98,868 ;" and in line The next amendment of the Committee 011 Appropriations was to 

1569 to strike out" $200,000" and insert "$375,000 ;"in line 1571 to trik t th d t' f th bill · th f 11 · d strike out "$200,000" and insert'' 375,000f' in line 1573to strikeout s e ou e secon sec wn o e 'ill e o owillg wor s: "$344,207 .82" and insert " 656,705.72 ·," so a-s to make the clause read: That section 9 of the act entitled "An act making appropriations for the e~la tive, executive, and judicial expenses of t-he Government-for the year ending .June 

Post-office and court-house at New York, New York: For completing building, 30, 1872," approved March 3, 1871, authorizing the President to employ suitab1e per-

$794,207.82; for paving, grading, fencing, and sewera1£e, 198~868; for: heating and sons to conduct certain inquiries, and to prescribe their duties in' respect to ap- ventilation, hoisting apparatus, and machinery, 62JtJ,000; ror rurniture, includ- pointments in the civil service, be, and the same is hereby, rep aled; and the un- ing fittings, fixtures, counters, and carpets, $,?375,000; making in all the sum of expended balance of any appropxiation heretofore made for carrying tho same $1,656,705. 72. into effect shall be covered into the Treasury; that in all the llurcaus and in all 

The amendment was aO'reed to Departments at W:ashingto~, wheneyer there shall b': a num!Jer of appli~ts for ., . • . . . · employment therem, a soldier or sailor who fought m the line of duty rn war, a The next amendment was ill the proviSo to the sa,me clause, m line 1 solilier's or sailor's wic.low, wife, daughter, and mother, respectivdy, being such 
5264 CONGRESSIONAL RECORD. 

applicant, shall have preference in the employments suited to each, re. pectively; and the same rule shall be ob erved whenever ilischarges shall take pla.{)e in t.he 

several Departments and Bureaus by reason of diminution of force therein, re- spectively: Provided, That two persons of tho reJ.a,tionship above stateu, either by - blood or marriage, shall not have employment in :my of saiu Departments or Bu- reaus at the ame time; and it shall be the duty of the officer- at the head of each 

of the Executive Departments at Washin~n to prescribe and publish rnlcs for 

ascertaining the quhlifications of applicants tor appointments at his tlisposal, orma.de 

under his authority, to make such appointments only from cantliclate who have 

the qualifications of honesty, efficiency, and fidelity, and not as rewards for mere party zeal, giving preference only to those who have tho additional qualification of an honorable record ·in the military or naval service of the Unitetl States, or the 

widow, wife, daughter, sister, or mother of such solilier, sailor, or marine. And it 

shall be his further duty to make such appointments as eq tlitably as possible from 

qualified candidates presenting themselve from the several cono-ressioual districts, 

and with reference to their population; and upon the removal o'l any appointee, the rca~on for such removal shall be stated on the rooords of the Department where 

the service was rendered. 

And in lieu thereof to insert the following : 

To enable the President to c.trry into effect the act entitled "An a{)t making appropriations for the le__gislative, executivt>, and _juilicial expenses of the Government for the year ending .June 30, 187'!," approved March 3, 1872, authorizing him to employ suitable persons to conduct certain inquiries, and to pr~oribe their duties 

in respect to appointments in the civil service, 15,000. 

Mr. ROBERTSON. I want to know how far that goes. Does that 

restore the civil-service commission Y 

The PRESIDENT p1·o tmnpore. The question is on striking out 

the second section and inserting the words printed in italics at the 

end of the section. Mr. ROBERTSON. Will it restore the civil-service commission! 

:Mr. SARGENT. I think it will have an effect in that way. Mr. ROBERTSON. What is the question Y 

The PRESIDENT pro tempore. On agreeing to the amendment of 

the Committee on Appropriations. Mr. ROBERTSON. I hope that will not be done. I should like to 

hear the gentleman having the bill in charge give the reasons for 

this amendment. The PRESIDENT P'to tempO're. The ques~on is on the amendment. 

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

The yeas and nays were ordered. 

Mr. MORRILL, of Maine. I will say a word, as the Senate are evidently not giving their attention to the subject. The second sec- tion of the bill as it comes from the House of Representatives repeals 

the civil-service act. The amendment of the Senate committee strikes 

out that section and makes an appropriation of $15,000 to carry out 

the act. That is the whole story. 

The question being ·taken by yeas and nays resulted- yeas 32, nays 

16; as follows : 

YEA.S-Me srs. Anthony 'Bayard, Boutwell, Buckingham, Cooper, Davis, Den- nis, Edmunds, Fenton, Fre~~huys n, Goldthwaite, Gordon, lla~e~- Hamilton of 

Maryland, Hamlin, Howe, Keuy, McCreery, Merrimon, Morrill or Maine, Morrill 

of Vermont, orwoocl, Oglesby, Ransom, Sargent, Schurz, Scott, Stevenson, Wad-

~9-~-i""~~e0~.'b~~:te~g~Uf!~Yton, Conover, Flan~~an, Hamilton of 

Texas, Ha.rvey, Hitchcock, Ingalls, Mitchell; Patterson, Pease, .rratt, Robertson, 

Spencer, and Tipton- 16. 

ABSENT-Me srs. Alcorn, Allison, Bogy, Boreman, Brownlow, Cameron, Conkling, Cragin1 Dor-sey, Ferry of Connecticut, Ferry of Michigan, Gilbert, Johnston, 

Jones, L6Wl8, Logan, Morton, Ramsey, Saulsbury, Sherman, Spra..,une, Stewart, 

Stockton, Thurman, and Wes~25. 

So the amendment was agreed to. The reading of the bill was re umed and concluded. The next 

amendment of the Committee on Appropriations was to the following section : 

SEC. 6. To enable the Secretary of War to carry out the proyisions of the act approved April 23, 1 74, entitled "An act to provide for the relief of the persons suifer- mu from the overilow of the Lower Mississippi River," and also of the joint resolution authorizinH the President to issue Army rations aml clothing to the destitute 

people on the :rombigbee, Warrior, a.nd Alabama Rivers, approved May 20, 1874, 

tho sum of $500,000 18 herebv appropriated, out of any money in the Tr a ury not otherwise appropriated, tor the purpo o of l?urchasing supplies of food to be issued under his direction to any anti all classes ot destitute or helpless persons 

liviD,.,. on or near the Lower ills issippi, Tombigbee, Warrior, and Alabama Rivers, 

who 'have been rendered so by rea on of the recent overflow; ancl that the Secretary of War make detailed reports to tho Congress of the expenditure under this 

act, and of the a{}t and joint resolution aforel>aid : Provi.dlld, That the authority b or e by conferred upon the Secretary of War shall expire on the 1st flay of eptem- bor. 1874; and none of the moneys h ereby or formerly approlJriated shall be ex- p ended except in cases where the Secretary of War shall be satisfied that there is an · actual and pre sing case of destitution, anti that such destitution is ilireotly caused 

by said overflow: Provided furthe-r, That any balances remainingunexpentled from 

the appropriation provided for in the act of the 23d of April, 1874, afore aid, may be 

usecl for the purposes expressed' in either said act or said joint resolution: .And 

provided further, That the Secretary of War may use any of the money hereby or formerly appropriated for the relief of the destitute people upon the Tennessee River when satisfied that their necessities arise from the recent overflow of said 

river. 

The amendment was agreed to. J\.Ir. STEVENSON. My attention was not called when section"3, on page 72, was read. I want to make an immaterial amendment, to strike out in line 2 the words "inquire into," and insert "request the 

Choctaw national council to pre ent to him." It makes no differ- ence in the sense but saves the Secretary of the Treasury a great deal 

of trouble, and it will let' these claims come before him as claimed by the national council. 

The PRESIDENT pro tempore. The question is on the amendment of the Senator from Kentucky. Mr. 1\fORRILL, of Maine. This does not.make any change. 

Mr. STEVENSON. It saves the Secretary of the Treasury a large 

. 

amount of trouble. The Secret.'lry of the TreasuTy cannot make the 

inquiry without employing a clerical force, and the Choctaw national 

council can present their own claims to him. 

Mr. EDMUNDS. I do not think that section bad better be dis- turbed. It had better be left as it is. J\.Ir. STEVENSON. I ask to disturb it because it puts the Secretary of the Treasury to a gre:1t deal of unnecessary labor which may 

end in nothing. 

Mr. EDl\fUNDS. I perfectly understood that the Senator from 

Kentucky a ked to disturb it, and I only expressed my humble opinion that it was not wise to disturb it. It may be that tbe Senator is 

right. Here is a disputed claim which has been trundling around 

through claim agents and lobbyists and other }>eople, which may 

be right or may not; I e},._-press no opinion now on that point; the 

House of Representatives have sent us a section which directs our own officer upon his own authority ancl our own, and nobody else's, 

keeping out all attorneys and all Indians and everybody, to make a; 

certain investigation into it. 

Now, I do submit to Senators who are desirous of doing j ustice to 

these claimants and who are desirous of doing j ustice to the Treas- ury and to the people, that we, not being partisans, not being clefend- ants, but being the grand court of the nation, j udging or inve tigating a claim which is laid before us, the true wa,y to IIlllke that investiga- tion is to permit the proper officer, the Secretary of the Treasury, for 

us, having regard to the rights of all parties, as this section leaves it, 

and without any lirp.itation or constraint by anybody's presenta-tions or influences- or arguments, to inquire into the state of this thing and 

report to us. That is what the bill as it comes to us provides. That, as it seems to me, and that alone, is the true ground upon which we ought to stand. I think we ometimes forget, when we ought to re- member, that we are not defendants or partisans, but we are the 

tribunal of the people for the purpose of adjusting the rights of the 

people as against the Trea ury ·and protecting the rights of the people in the 'I'reasury against unjust claims; and therefore, acting impartially in that attitude, it is our mission to make an impartial 

and uninfluenced inquiry into the e circumstances in order that we may know what to do. Therefore I desire that there hall be ex- clucled entirely any report, any claim, anything except the authority 

of the nation confided to the Secretary of t,he Trea my independently 

to make this .inquiry in respect to the circumstance , that we may 

know them. So it is that I think the amendment of my friend from 

Kentucky ought not to be agree(l to. l\Ir. STEVENSON. No man will go further than I will with the Senator from Vermont in restricting the expenditures of this Gov- ernrrumt. During my service with him upon the Committee on Ap- propriations we were always together on that subject; and if I 

thought that this amendment in any way committed the Government 

to this claim, I should at once a-cquiesce in his views. Now, this sec- tion does not commit the Government in any way to the payment of 

any money, directly or indirectly. Section 3 directs the Secretary of the Treasury t,o inquire into the amount of liabilities due from the Choctaw tribe of Indians to individuals. I move to amend that 

by asking the Secretary of the Treasury to request t he Choctaw 

council to present to him the amount of liabilities that they claim 

to be due them. The only point is whether the Secretary of tho 

Treasury shall undertake to go into a thorough investigation of this 

claim before he receives from them what they claim, or whether they 

shall pre ent to him the amount that they claim and then he inquire 

into it. He is not then to be bound by what they claim, but be is 

still to inquire into the case with this presentation of their claim before him, and then he is " to report t.he same to the next session of 

Congress, with a view of ascertaining what amounts, if any, should 

be dedueted from the sum due from the United States t o said Choctaw tribe, for the purpo e of enabling the said tribe to pay its lia-:. 

bilities, and thereby enable Congress to provide a fund to be held for educational and other purposes for said tribe." . It seems to me that my amendment is in the interest of economy. 

The Secretary of the Treasmy ca.nnot send special agents to investigate the e claims without having a special fund for that purpose. The 

t>ecretary of the Treasury intends to remodel the whole Treasury Deparlment, and on the 1st of July to dispense with hundreds of em- ployes now in that service. I ask in this amendment merely that the 

Choctaw national council shall lay before the Secretary of the 

Treasury what they claim, not to guide the Secretary of the Treasury, 

but to let the Secretary have their claim, and then he is to investigate 

whether that claim is right or wrong in whole or in part, and report 

to Congress in what particulars their claim is erroneous. But now as the section reads the Secretary is required, without knowing what 

they claim, him elf to institute this inquiry and to report. The result 

would be that be would not have half the information that it seems to me be would have if the Choctaw council were to present this claim 

to him. It is a mere verbal change. Mr. BOUTWELL. It seems to me that the section as it comes from 

the House of Representatives is in the true form. The Secretary of 

the Treasury is directed to inquire into the amount oi liabilities due 

from the Choctaw tribe of Indians to individuals. The pl'Oposition 

of the Senator from Kentucky is to request the Choctaw tribe of In- dians to state it, a very different proposition. If the Secretary of the 

Treasury makes the inquiry, it will be in the nature of an examination of t he claims of individuals. against the Choctaw Nation, which 
CONGRESSIONAL RECORD. 5265 

in a certain sense by the twelfth and thirteenth articles of the treaty 

of 1855, the Government agreed to provide for the payment of. A. 

statement from them may be tl:ue or it may be false. The difference 

to the Government aud the difference to the Choctaw Nation is that 

if it shall be found upon the whole that there is anything <lue to t.he 

Choctaw tribe of In<lian , and the amount so fotmd exceeus the liability <lue from the tribe to individun.l claimants against the tribe, 

the balance is to be et a iue for educational and other purpo es. Therefore it is a matter of con etptence to the parties and of con e- quence to the Government to know with some uegree of precision the 

amount of these liabilities which cannot be a certainecl with any cer- tainty from a mere statement by the c~mnci~ or lea~ng p~rsons in the 

tribe. I hope, for one, that the proVJsion v."illremam as 1t came from 

the House. 

1\fr.MORRILL, of Maine. This is an old que."tion,somewhatfamiliar 

to some.of us. It is a very delicate :md difficult que tion between the 

two branches. The House of Repre entatives ha,ve made a distinct 

proposition, the design of which is to fumish CoJ?-gress with accm::tte 

information upon thi ubject. If we amend it, 1t leads to complications. I hope the Senate will concur with the action of the House and 

settle the matter. The PRESIDENT pro tempore. The question is on the amendment 

of the Senator from Kentucky. The amendment was rejected- ayes 8, noes not counted. 

MESSAGE FROM THE HOUSE. 

A. message from the Hou e of Representatives, by Mr. McPHERSO~, 

its Clerk, announced that the House had concurred in the report of 

the committee of conference on the disagreeing votes of the two 

Houses on the bill (H. R. No. 1572) to amend the several acts provid- ing a national currency and to establish free banking, and for other 

purposes. 

E~OLLED BILL SIGII.'ED. 

The mes a,O'e also announced that the Speaker of the House had 

signed the following enrolled bills; and they were thereupon signed by 

the President p1·o temp01·e: 

A. bill (H. R. No. 2655) to provide for the establi hment of life-sav- ing stations and houses of refus-e upon the sea anclbke coasts of the 

United States, and to promote the efficiency of the life-saving service; 

A. bill (S. No. 375) for the benefit of the Kentucky A.gricultura.l and 

Mechanical Association; 

A. bill (S. No. 688) referring the claim of the owners of the schooner 

A.da A.. Andrews to the Court of Claim ; 

A. joint re olution (H. R. No. 112) directing the Public Printer to 

keep an account of all expenditures for printing, mailing, and bind- ing the CONGRE SIONAL RECORD, &c.; 

A. hill (H. R. No. 1572) fixing the amount of United States notes, 

providing for a redistribution of the nationa.l-bank currency, and for 

other purposes ; and 

A. bill (H. R. No. 2089) for the relief of 1-.frs. Louisa P . Molloy. 

SUSAN B. ANTHONY. 

Mr. ED~fUNDS. I ask perrnis ion of the Senator in charge of this 

bill to make a report, which has been tlelayed, from the Jndicia1·y 

Committee, not for action, but to go on the Calendar. • I am instructed by the Committee on the Judiciary, to whom was referred the petition of Susan B. Anthony, praying for remission of a fine; and to whom also was referred the hill (S. No. 391) to enable 

Susan B. Anthony to pay a fine imposed upon her by the circuit court 

for the northern district of New York, to report, asking to be discharged from the further consideration of the petition and recom- mending that the bill be indefinitely postponed, for the reason that 

the committ-ee are not satisfied that the ruling of the judge presiding 

at the trial of the petitioner in the circuit court of the United States 

for the northern district of New York wa preci ely as representell by 

the petitioner; :md secondly, that whether so or not, the committee 

do not find it to be within their province to inquire into and review 

the judgments of the courts of the United States in matters that are properly before them; and the petitioner, if she believes her convic- tion to have been erroneous, can apply to the executive depru·tment, 

which alone has the power to grant paruons for any relief to which 

she may be entitled. 

Mr. CARPENTER. I ask leave to present the views of the minority 

of the Judiciary Committee upon this same memm·ial and bill, a.nd 

request that they be printed. 

ThePRESIDINGOFFICER,(~fr FERRY, of Michigan; in the chair.) 

That order will be made if there be no objection. 

REPORTS OF COMM,ITTEES. 

Mr. W A.DLEIGH, from the Committee on Milita1·y Affairs, to whom was referred the memoriaJ. of A.. G. Ba,tchelder and Mrs. A.lsie F . Thompson, of Lowell, Ma achusetts, praying an extension of a patent on an improvement in ra.ihoad car-brakes, submitted an adverse report 

thereon, which was ordered to be printed, and the committee were discharged from the further considemtion of the memorial. He also, from the same committee, to whom was referred the bill 

(S. No. 525} to authorize the Commissioner of Patents to receive and 

entertain an application of William Beale Hale, for letters-patent, 

t•eported adversely thereon ; and the bill was indefinitely postponed. 

330 

.A.ME~TDMENTS TO .A.PPROPRIATIO~ BILL. 

Mr. ALCORN afl(Ufr. CHANDLER submitted amentlments intended 

to be proposed to the hill (H. R. No. 3600) making a.ppropriations for 

sundry civil expenses of the Government for the fi cal year endin~ 

June 30, 1 i5; which were referred to the Committee ou A.ppropri::L- tions._ 

CO;'\IJ\HTTEE 0~ CO~TTI -GENT EXPE~ E • 

lli. CARPENTER submitted the following resolution; which was considered by unanimous consent and agreed to: 

Resolved, Tlk'lt the Committee to Audit and Control the Contingent Expenses of 

the Senate have le<Lve to sit during the recess of the Senate . . 

1~-:DIAN TERRITORY. 

Mr. CLAYTON. I should like to take up the following resolution 

reported yesterday by the Senator from South Ca,rolina, [~Ir. PATTERSON:] 

Resolved, That. the Select Committee ou the Levees of the MJssis ippi River be 

authorized to itdudng the rece , auu to investigate and report upon the condition 

of the levees of the Mi sissippi River; al o upon the propriety of the Government of the United l:;ta.tes assuming charge and control of the same, with a view to their 

completion anu maint-ena.nce, :m.d that the expenses at.tondina this investigation shall be paid out of the contingent fund of the Senate, upon vouchers approved by the select committee aforesaid. 

Mr. EDMUNDS. I make the point of order that that is legislation 

against the special rulo we auopte<l on this subject. 

The PRESIDING OFFICER. Does the Senator offer it as an amend-· ment to the appropriation bill T 

Mr. CLAYTON. 0, no. I ask for the consideration of the resolution. 

Mr. EDMUNDS. I beg pardon. Mr. CLAYTON. I ask the consent of the Senator from Kentucky to 

call thi up now. The PRESIDENT pro tempore. It is a resolution offered some days 

ago, and the Senator calls it up now with the con ent of the Senator 

from Kentucky, who bad the floor on the appropriation bill. 

Mr. EDMUNDS. Let it be rea,d again. I 4o not understand what 

the thing is. 

The resolution was again read. :Mr. BUCKINGHA I. Let that go over for the present. 

The PRESIDENT p1·o tempore. The resolution will lie over. 

SUl-."DRY CIVIL .A.PPROPRIATIO:N 'BILL. 

The Senate, as in Committee of the ·whole, resumed the considera- tion of the bill (H. R. No. 3600) makin~ appropriations for sundry civil 

expenses of the Govemment for the fiscal yeaT ending June 30, 1 75, 

and for other purposes. · Mr. STEVENSON. I offer an amendment from the Committee on Appropriations, after line ill, on page 30, to insert: ~ 

That the salary of the special policeman in the office of the Secretary of the Sen· ate shall hereafter be $1,296, and a urn sufficient to pay the increase hereby made 

be, and the same is hereby, approprin,ted. · 

The amendment was agreed to. 

Mr. STEVENSON. I am directed by the Committee on Allpropria- tions to o:tfer another amendment: 

That the Secretary of the Treasury be, and is hereby, authorized and directed to pay the late firui of Demp ey & O'Toole, as indemnity for lo s sustainetl by them by annulment of :1 contract with the Post-Office Department for furnishing 

stamyed envelopes anu newspaper wrappers, the sum of 29,433.89: Pr01Jided, That pr~v10us to· the payment of the sum before mentioned, the said Demp: cy & O'Toole 

shall deliver up, to the satisfaction of the Postmaster-General, all dies and dandy. rolls by them u eu and provided for the manufacture of the nvelopes aforesaid : And p1·ovided fttrthryr, That the sum afore aid shall be receiv d in full satisfaction . for all claims and demands of the said Dempsey & O'Toole for or by reason of the 

annulment of said contract. 

~fr. EDlVIUNDS. I wi h to ask the chairman of the committee in 

charge of this bill if that amendment is in order f 

Mr. MORRILL, of Maine. It was considered in committee while I was in the Chamber. l\fr. EDMUNDS. That is not the question. I a. k the chairman, 

not whether it is meritorious; we have had it up here year after year; we all understand what it means; -but I ask my friend from Maine 

whether it is in order to move that amendment on this bill in his 

judgmentf 

Mr. MORRILL, of Maine. This is the first time my attention has 

been called .to it, and I do not. know whether it is or not. · l\h·. EDMUNDS. I make the point of order that is a private claim 

which has been ruled out forty times. 

The PRESIDENT p1·o tempore. The Chair is of opinion that_ the 

point of order is well taken. · 

Mr. ROBERTSON. I offer the following amendment. On pa-ge 10, 

line 218, after " postage-stamps," I move to insert the following : 

For each Senator and member of Congress, $300; :m.d. 

:M.r. MORRILL, of Maine. Does that come from any committee' 

If not, I rai e the point of order. 

l\fr. ROBERTSON. I offered the amendment several day ago, and 

had it printed and referred to the Committee on Appropriations. Mr. MORRILL, of Maine. The rule requires, if I recollect it, that an amendment to a-n ;qlpropriation bill to be in order must be proposed by the authority of a committee. 

The PRESIDENT pro tempore. The Chair sustains tbA point of 

order. 
5266 CONGRESSIONAL RECORD. 

Mr. HOWE. I offer the following amendment to come in after line 

332 : 

For commencin~ the construction of a new building for the Library of Congress, ~0 000: Providea, That no expenditure for ground shall be incurred; and the 

Jou{t Committee on the Libr:n; of Congress, together with the Librarian of Congre s, shall ha>e supervision o the location and erection of said buililing; and said 

committee is hereby authorized to sit cluring the recess of Congress. 

Mr. ROBERTSON. I rai e the point of order on that. 

The PRESIDENT p1·o tempo-re. The Senator will state the point of 

onler. 

Mr. ROBERT ON. Does it come from a committee f 

. :Mr. HOWE. Ye, sir; I move it by direction of the J oint Commi tee on the Library. 

Mr. MORRILL, of Vermont. I think the Senate ought to be informed in relation to the full effect of this amendment, if it should 

be a.Uopted, ancl I hope that the Senator from Wisconsin has not set his 

h eart upon it, for I lruow how difficult it will be to resist him if he ha . The point in the case is that there is no spot yet <.lesignated for the 

location of the Library building. To be a suitable structure it ought 

to be half or two-thirds as lar~.e as the present Capitol building, and 

will cost :five or ix million dollars. I do not think at present that 

the sentiments of the House and the Senate are agreed upon any spot 

which would be appropriate for the location of this building. Of cou.r e this amendment appropriates but 200,000; but it <.loes not fix 

the point where the Library shall be located, but it involves the whole · runount necessary. I do think it is too important a question to be 

ubmittcd to anybody but the entire Congress. I have, with the 

Senator from Wisconsin, labored and studied much on this subject, 

and I :find a wi<.le diversity of opinion as to where this building should 

be placed. It eems to me, therefore, that it is better for us to defer 

it until the next se ion and have it then fully determined and deciuecl upon. I am much in favor of building a library, and building one that is appropriate, to ~ast for centuries, and when it is built I 

want a proper building and to have it placed in the proper place. 

Mr. STEVENSON. I should like o a8k the Senator from Vermont 

w)1ether he has ever had a plan and estimate of a proper library building, which will hold several million volumes¥ 

1\ir. :MORRILL, of Vermont. There have been various plans submitted and competed for, and the commission that was authorized 

decided in favor of making an award to three plans according to their everal merits, first, second, and third, and they vary in cost from 

three to seven millions I think. I suppose we cannot build a structure such as we ought to have for less than :five or six millions at the 

ery least. 

Mr. STEVENSON. If a library building is to cost from :five to six 

millions, or probably ten millions, I do not think the Senate ought to 

take any step till we determine where it i to be located, the plan of 

the builcling, and its cost. ·we had a lecture read to us last night in 

the discussion of the pension bill upon the want of money in our Treasury. That was urged against the widows of those poor old soldiers, who if they did no other act certainly helped to save New 

Orleans from as great an army as England ever sent to this country. 

That bill wa.s oppo ed even by the Senator from Louisiana, [Mr. 

WEST,] upon the ground that the Treasury was in too poor a condition even to let the country express it gratitude to the survivors and 

the widows of the decea ed heroes of that war. I have not a word to 

say on that subject. I think the Trea ury does want vigilant guarding; and therefere it. is in the view of economy that I rise to say, without antagonizing with anybody, that I think the suggestions of the 

Senator from Vermont are entirely correct; that before beginning to 

lay the foundation of a library building, which I think the Government ought to have, two considerations ought to guide us: first, its 

location; ~nd, secondly its cost. 

If we undertake to put the library on Judiciary Square, which seems to be the favorite project, then the Congres ional Library will 

ultimately sink into a library for the city of Washington; and if we want books we shall have to send several squares to get them. I do 

not intend to express my opinion about it. I am perfectly willing to 

let the Committee on the Library take this matter in charge before we spend any money, and let them report to us the plan and the location and the cost. That it seems to me would be the most sensible 

plan, and ·to that extent I shall go, and no further, now. M:r. EDMUNDS. The question is first whether the present neces- stties of our accumulation of books, pamphlets, &c., require us to 

take measures for larger accommodations. There is no question, I 

believe, on that subject. A.ny gentleman who will go into the library- rooms of the Capitol now will see that they have become really 

store-rooms where you can get at nothing or do nothing in the broad ense because the place is entirely inadequate to the very valuable and increasing collections of our gathering that are laid in there. There are more than forty thousand volumes, as I am advised by a friend who always makes the proper suggestions to me at the right 

time, now unable to be shelved or put in condition where gentle- men of Congress and of the country can have accesss to them. 

Therefore it is plain that we ought to do something and we ought to 

do it now. The question is how are we to do it We must trust somebody. .Are yon to undertake in this body and in the House of Representatives to determine by discussion and by a vote where you will locate these accumulations or these books-for I th,in.k tb.ey ou~ht 

all to be kept together except the duvlicates, which may be storeu 

a-way somewhere. The Library as a library ought to be kept where 

the hand of every gentleman in Congress can be laiu upon it in 

the shortest po sible time, and where the very competent gentle- man now in charge or any ucce sor he may have (and I hope that 

time may be far off) can give us the proper reference and to furnish the 

proper volume at a moment's notice, because in leo-i lation that i 

what we must have. I ay, then, if consistently with architectural 

propriety we can have this library proviued in the immediate vicinity 

of the great dome that overshadows this Capitol, we ought to do it If 

it shall be found impo ible and inconsistent with the architectural 

beauty and decency of this grand building to do that thing, then wo mu t take the neares·t and best place that we can, because it is impos ible to go on in the pre ent condition of affairs anu have tho 

Library of any u e to anybouy. It is crowding itself to <.leath; it is 

being strangulated by itself. That is what the truth is. • .A.s I said upon this question of the how and the why we must tru ·t 

omebody. If the Senate is willing to trust the Joint ommittee on the Library in respect to providing the e accommodation , th n, 

speaking for my elf as one member of that committee, I say that I 

should strain a point in order that this collection of books should Le 

kept where they are as they ought to be, the companion , the instruct- or , at our very elbow all the time, of the Senators and Representatives and other officers of the Government who are ent here to t-ake care of the people's interests who require 'those book for information 

and for reference; and speaking my individual opinion, I have no hesitancy in saying, from some study of the ubject, that there will 

be found not the difficulty that is suppo ed by some gentlemen in 

locating a place for the library, where it will be not only a grand 

adllition to the beauty of this edifice, but also a ace ible as it i:) now. 

Mr. TIOWE. Mr. Presi<.lent, I want to adu one word to what the 

honorable Senator from Vermont has just aitl in reference to the nece sity of having additional accommodation for yom library some- where and soon. A. he has remarked, there are some forty thousand 

volumes which your industrious Librarian cannot shelve, and through 

your annual appropriations, small as they are, and through the operations of your copyright laws, you are adding to that number from 

thirty to forty thousand volumes annua.lly. Now, :.Mr. President, a book is not of much value unle it is accessible; and when a book is buried under tons of books it i not o acce - sible as it is when it is placed on shelves fort.y ro<ls off. It is therefore indispensable, if yon mean to have the u e of your library, that 

you should have adclitional accommodations for it. It i one of the nece sities, not a luxury, not a convenience merely, not 3. conilition; 

it is a necessity of the cotmtry, as it seems to me. A.s ha been remarked, if th se two Hon ·es ref-u e to nter upon the 

work of providing these adilitional accommodation until they hall 

have agreed where to place the building, what plan to build upon, 

and what shall be the limit of the expenditmes, before they bav come to an agreement upon each of these points, your library will be 

almost u eless from the very accumulation of buried volumes. That 

did not eem to be at all practicable. So the Library Committee 

in tructed me to move this amendment. If the enator from Vermont who sits farthest from me [:Mr. MoRRILL] thinks it is so certain 

that the library building should be placed at orne point and nowhere 

else, it is very ea y to take the sense of the Senate upon that question. 

Let him make his proposition. If any other Senator here has a di ·- tinct proposition, a distinct point to name, we can get the sense of the 

Senate right here upon that proposition. The Library Committee had no such point to propose; I had not. I hould be very glad to 

get the advice of the Senate in reference to aU these matters. · Let me say to the honorable Senator from Kentucky~ however, that 

if you knew just where the building was to be, and what the plan of 

it was, it would be utterly impossible to et limits to it co t . That: 

cannot be done. No architect can do it; no builder can do it. Bnt 

I was a little smprised that my honorable friend from V rmont, [Mr. 

MoRRILL,] having paid as much attention to this subject as be ha , should venture to say that the cost of the bnilding would be 

6,000,000, and still more surprised when the honorable Senator 

from Kentucky said he thought it woulu cost ten millions. Why: :Mr. President, this mao-ni.ficent pile in which we are to-day ha.s only 

cost 13,000,000. We have had submitted to us during the past suru- mer orne twenty-six or twenty-eight different plans for a library 

building. The e timatcd cost under those plans runs all the way 

from $800,000 to $3,400,000; the highest e timate, if I remember cor- rectly, of the mo t expensive was 3,400,000. Mr. MORRILL, of Vermont. I thought it wa more. Mr. HOWE. !think I am not mistaken; I may be; but it is about 

that. The building should cost a pretty large sum for it hould be a credit to the library as well as a credit to the Government providing 

for the library. I know the honorable Senator frankly does not con- template anything short of one of the completest collections of booke 

to be found on the face of the globe, and I know h e i among those 

who are ready to furnish ample accommodations. The labor of con- structing the building must be a work of years; and it seemed to the 

committee--! hope it will be the judgment of the Senate--that ''"e 

cannot commence that work too soon. · I agree with my honorable friend, my colleague on the Library 

Committee,, if there is any other tribunal here that the Senate would 
1874. CONGRESSIONAL RECORD. 5267 

prefer to trust, I should be entirely willing and be glad to have 

that tribunal suggested, and be very glad to have it substituted. I 

do not think any member of the Library Committee cares to assume this responsibility ; but it is a responsibility that Congress must take 

it elf and execute itself, or it must intrust it to somebody. That is 

inevitable. I shall be glad to hear any suggestion, any proposition, 

to get any light. ~IT. MORRILL, of Maine. Will my honorable friend allow me to 

make one sucrcrestion and see if we cannot compromi e so as to facilitate the obje~ts with which I am in sympathy. I agree entirely with 

what has been said about the necessity of a library building, and at once. I do not think there is any question about that by anybody ·who has looked into the subject for a moment; and I believe that the 

sti;ucture of the building should be under the supervision of the Com- mittee on the Library, acting conjointly with the Librarian. 

On the other proposition of location I think it probably belongs to 

the Committee on Public Buildings and Grounds, who have by instruction of the Senate jmisdiction, so to speak, of public buildings and 

grounds. They ought best to understand what can be granted for 

t his purpose with due deference to ncb other buildings as may in the 

future be needed in the District. Now, I submit this twofold p;oposition then, as embodying those two ideas: 

For commencing the construction of a. new building for the Library of Congress, the supervision of which shall be under the Joint Committee on the Library, 

200,000; ancl the Joint Committee on Public Buildings and Grounds are directed to designate a suitable location therefor, and report the same to Congress. 

The PRESIDENT p1·o tempo're. Does the Senator offer that as an amendment to the amendment 

Mr. MORRILL, of 1\faine. I do not offer it as an amendment, be- ocause I do not want to push myself forward on this question. I only . uggest that as a proper solution of the question. 

Mr. MORRILL, of Vermont. I am very sure the Committee on Public Buildings do not desire any part of the responsibility of this 

undertaking. The difficulty about this phraseology is that it provides "that no expenditure for ground shall be incurred." It follows a a mn.tter of course that we have either got to have somebody give ns the ground or we are to take the ground that we now possess. I 

do not think myself that we have any appropriate ground for this 

magnificent structure that we ought to have. The only ground that 

could be used would be an extension of the we t or east front of the. Capitol or the grounds in front of the Capitol, between here and the 

Smithsonian grounds, or the park on the east side, or some of the 

square tha~ are in the city. All of these squares are altogether too 

far off . . This Library has grown up under the most excellent management 

of the present Librarian to be one of the fir t libraries in the world. 

I desire that it shall be continued under the prestige of the old name, 

tJ.te Congressional Library, and that it h::ill be placed near the Capitol building, so as to be acce ible to both members of the Honse and 

of the Senate. If the Joint Committee on the Library were to desig- uate an extension of this Capitol building in the center, on either ide, east or west, I should regard it as ab olutely destructive to the 

symmetry and fair proportions of this the best public builcling, perhap , that any government po e ses. But there is no proposition 

that this committee may have an opportunity to get any other grountl 

than they can get without expen e. I should regard it of quite as much importance that this building 

hould have a suitable location a that it hould be of suitable pro-

])Ortions and dimensions for the accommodation of the books that in 

the next half-century or century it will bo required to hold. Although 

I am not wedded to any one particular spot, I think if ·it were located 

upon one of the squares on the ea t side of the Capitol, say, the ·~ quare where Judge Field lives and the buildings that are occupied 

by him and others in that vicinity well known to all Senators that 

would pla-ce the Library within one square of the Capitol ; it would 

be easily accessible; we could send a page at any moment there; and 

when Senators or members of the Honse came here with their families, they could easily stop at one place or the other. The building 

will be an imposing one, and it ought not to be placed right in the 

shadow of the Capitol to distract attention from this building, and 

therefore it ought not to be in the park on the ea t front. · l\IT. HOWE. Will my friend allow me to make a suggestion 7 

l\Ir. MORRILL, of Vermont. Certainly. 

Mr. HOWE. I know very well he doe not mean to oppo e this, 

but I nsk him why he does not submit his proposition to strike out 

the words forbidding any expenditure of money in the purchase of 

grounds o that we may take the sense of the Senate upon that one que tion That would settle one point. 

l\Ir. MORRILL, of Vermont. I know that the Senate might defeat 

separai!e propositions one by one, but I desire to call the attention of 

the Senate to the general proposition as proposed here, and this prop- o ition is that no expenditure shall be incurred for ground. Therefore 

the committee clearly contemplate building on some ground that we now have. 

l\IT. HOWE. Yes, l\Ir. President, the committee thought that Congress would be more willing to embark in erecting a library on some ground already owned than to pmchase more ground; but that was a mere opinion. I do not care one snap about that provision myself. 

I am quite willing, if it is thought better to purchase a piece of ground, 

to see it done, and I shoulcl be very glad to have the Senato1· move 

that amendment and see what the sense of the Senate is. I will not 

oppose it. 

Mr. MORRILL, of Vermont. These squares upon the east of the 

Capitol are so largely cut up by streets and avenues that if the G-:>vernment were to buy them they would have to pay for but little more than one-haJf the ground in the whole. I think that in thn 

process of time we shall need the whole of those squares; that it 

will be necessary to build in a few years a building for a ntttional museum of natural history. 

But, Mr. President, I only desire to present the whole ca e to tht' 

Senate. It is a grave and important question. I desire to see this 

library successfully kept up and the present Librarian retained as long as he shall be able to discharge the duties. It seems to me, however, that if we shall go off upon any distant square and eparate the 

great bulk of the library from Congress we shall do a very vicious act. 

Mr. STEVENSON. I desire to say but a word on tllis subject. I am perfectly willing to trust theJoiut Committee on the Library with 

almost anything within the scope of their power; but I still adhere to 

my original opinion that Congress ought to be chary in making any 

appropriations for a library until they know exactly where that library 

is to be. I said that it was proposed to erect a library building at a cost 

of $6,000;000. The honorable Senator from Wisconsin was surprised at 

my estimate. It was not my estimate. It was the statement of the 

chairman of the Committee on Public Buildings before the Committee on Appropriations that it would require six millions. Mr. MORRILL, of Vermont. If the Senator from Kentucky will 

permit me, it is possible that I wa.s mistaken in that. I spoke from 

recollection, and I know that my own convictions were, when I was studying the subject and looking over the different plans, that by the 

time it wa.s completed we should not get off for le s than about five or six millions. 

Mr. STEVENSON. I frankly confess! should like to have the judgment of Congre s as to whether the library is to quit this building. If 

it be possible, and I think it very possible, that such an extension of 

this Capitol can be made as will not interfere with its architectural 

beauty, and will accommodate the nation with a library worthy o£ 

it--

Mr. MORRILL, of Vermont. It will not accommodate it for moro than twenty years. . Mr. STEVENSON. I believe this Capitol can be enlarged so as to 

give sufficient library room looking to our progress in the next twenty 

years, and I would make that a condition precedent. ·why, ir, we are now erecting an enormous building for the accommouation of the 

War, Navy, and State Departments; and yet in this very appropriation bill we have been buying lots after lots for the War Department. 

There is scarcely an appropriation bill, notwithstanding the imm n ·e amounts of money which are yearly expended in public buildings 

here, that the e Departments do not go outsiue of the public buildings and buy lots and buildings here, there, and everywhere. 

I have only two objects in view in this matter. I uesiretodowhnt 

the learned Senators representing the Committee on Public Buildings and the Library Committee say they desire to provide for the 

present exigency which is upon us, of taking care of the books in the 

library. It was contemplated that the library should be fire-proof 

and it was fire-proof; and yet the necessity of providing room forth 

books has compelled the Librarian, I believe, to bring two hundred ca cs of wood into that library, subject to the danger of fire, which it 

was the object of Congress to prevent. Therefore I agree with them as to the nece ity of taking some action in this regard; but I desire 

to obtain an expression of the opinion of the Senate so that the Committee on the Library can understn.nd what the sentiment of the 

Senate upon the question). whether if we can accomodate the library 

and still retain it in this t.:apitol, it is not their wish that it should be 

done. 

I have h::tu no experience on this subject; I am one of the humblest 

Senators on this floor; but I have given some thought to this subject ; and while I am willing to provide for a large library, it is not 

by any mean , as the Senator from Vermont seemed to think, equal 

to some of the libraries iu the world. But, sir, it will be a library 

worthy of America, and I want to retain it in the Capitol if po sible. If that cannot be done, I wish to see it located as near the Capito1 

building as possible. I think the Committee on the Library shonltl, 

if pos ible, bring it within this building, rather than place it out ide ; 

but if they are compelled to go outside, then I want it so near as the 

distinguished Senator from Vermont said so well and so eloquently, 

that the purpose of the library shall not be lost to the nation in cutting us off from the consultation of the books in the library, which 

would be the ca. eif it were removed any distance from the Capitol. 

Mr. FRELINGHUYSEN. I agree very ·nearly with the opinion 

expre sed by the Senator from Kentucky, and I should like to see this 

amendment changed so as to authorize the Committee on the Library 

to enlarge the existing library or construct a new one. I believe if 

this library could be made to last for twenty years here in the building it woulrl be a great gain. l\fy opinion is that you could very much 

improve this beautiful structure by extending the library, not too far 

in front, and by making the base. for the immense domo, the beautiful 

dome of this Capitol, larger and better; for if there is any defect in 

the architecture of this building that is the defect. Then to meet 

further exigencies, to have a place where you could have your copy.., 

right books which you dq nqt "l\~ed, {ol:' <;OJ:!St?:!l~. n~~eren e, I would 
5268 CONG-RESSIONAL RECORD. JUNE 20, 

have not so expensive and ornate a building; but I would have a plain, fire-proof, graceful structure, near at hand, in which books that we do not want constantly to use could be placed, and thus relieve 

the accumulation of volumes in the library itself here at the Capitol. 

1\lr. CARPENTER, (:Mr . .A..t.~THO:YY in the chair.) I hope the amendment offered by my colleague will prevail. I have no objection to the 

chaJJge suggested by the Senator from Vermont to take away the 

restriction as to pmchasing new grounu,andiamnotentirely certain 

that some provision should not be made about the Capitol as suggestell uy the Senator from New Jersey, to change the central portion of 

it, and perhaps make provision for the lilJrary there; but it is evident that something mu t 'be done, and <lone at once, for the library 

is being absolutely snowell under with books and will very soon come to a condition where from its own wealth it will be en+irely useless. That libmry should ue iu fact what it is in name-it should be the 

Congre sionai Librar y. It shonlfl be acce ible tQ members of Congress; it should be where we could reach it in a very few moments 

for any v9lume we want, and that not only require space enough to 

put the books up so that their location can be known, but it requires 

that the building or place, whichever it i , hall be locn,ted near the 

Capitol, and we must begin to act on this subject. I am entirely 

willing to trust the suuject to the Committee on the Library; indeed 

it eems to me it properly belongs there, that the responsibility belongs 

to them, and they can sa.:fely be trusted to exercise it. I shn,ll vote 

for the amenclment as it has been propo eu. l\Ir. IORRILL, of Vermont. A single word in reference to the 

point suggested by the Senator from New Jersey. He suggests that 

there cn,n be ample accommollat:ions provideu here for a few years by 

enlarging the Capitol on the east or west fronts. The eastern front 

evidently has got to be enlarged \vithin a few years. It should be 

enlarged to carry out the symmeti·y of the building; but it will not 

do to cn,rry out that centi·al front more than a small space beyond the 

two wings. The front on the western side it woulU be well enough . to have cn.rried out a little farther; but there is no particular neces- sit for it, n,nu if it should· be, it could not be carried out properly more than forty or fifty feet, and therefore it would furnish the most 

meager amount of addition to the pre ent library. · Under the_ circumstances it seems to me eminently proper that the 

Joint Committee on the Liur~y shoulu be looking out for a new library 

building, for if we attempt any patJCh-work now, it will be but a few 

years before we hall be compelled to do this very work that we ought 

to do now or soon. The only tiring that sti·uck me about it wa that 

it is a. new subject, and that there wa a wide diversity of opinion a-s to where this building should be located. 1\Iy only desire is that it 

shall be placed where it will best accommodate Senators and members 

of the House. I do not desire to make this a national library, so callell, to which we shall contribute something niggar(Uy every year, 

but make it a part and parcel of Congress, something belonging to Con- gre s; and it seems to me that it cannot be unless it is located ncar this Capitol. I do not regard the expenditure of a small sum or even a lar~e sum for t.he purcha e of the site of such a building as this, 

that 1s to stand for centuries, to be a fire-proof building and to con- tain what is the very apple of the eye of most Senat.ors, goocl books; 

but l do dP.sire that it shall be so placed that there shall hereafter be 

no regrets. The PRESIDING OFFICER, (Ur. ANTHOXY in the chair.) The 

question is on the amendment. Mr. BUCKINGHAM. Let it be r ported again. 

The Chief Clerk read the amendment, which wa.s to insert after 

line 332 the following : 

For commencing the construction of a new building for the Library of Con!!I'ess, 

$200,000: P-rovided, That no expenditure for grouna shall be incurred; ana· the 

Joint Committee on the Library of Congress, together with the Librarian of Congress, shall have supervisjon of the location and erection of .said ·building; and 

said committee is hereby authorized to sit during the recess of Congress. 

l.Ir. MORRILL, of Vermont. I will ventme, as the Sena.tor from 

Wisconsin does not do it himself, to suggest an amendment. I really 

do not wish to interfere, but I will ventme to move to strike out after 

the word ''that," to the end of the line; so that the proviso will read : 

Provided, Th::~,t the Joint Committee on the Library, together with the Librarian 

of Congress, shnJl h::~,ve supervision of the location and erection of said building. 

l.Ir. HOWE. How much do you propo e to strike out" 

Mr. MORRILL, of Vermont. All that limits you about the loca- tion. 

The PRESIDING OFFICER. The amendment to the amendment 

will be reported. 

Mr. HAMLIN. I sugge t to the Senator from Vermont tha~ it 

would be more in harmony, and pnt the amendment in a better form 

to strike out the words ''provided that no expenditure for ground 

shall be incurred." It will then read : 

For commencin~t the construction of ::~, new building for the Library of Congress, 200,000; and the Joint Committee on the Library of Congress, &c. 

l.Ir. MORRILL, of Vermont. I accept the suggestion. l.Ir. EDMUNDS. I do not know but that the words "new building" nece sarily excludes the idea Qf. enlarging the· present library 

for the time being. I do not think it ought to be excluded. If we .a.re to take this respon ibility, we either ought to take it under in- structions that the Senate it ·elf perfectJy agrees upon, so that we all 

understand what it means, or else we ought to have a free hand about 

it. If these words are intenci.ed to mean that under all circumstances we are compelled to locate a building somewhere el e, and we cannot 

enlarge this at ali, or have any discretion about that, then I for one, as a member of that committee. wish to understand it now. If, ou the other hand, it is confided to the discretion of the committee, con- sulting with my honorable colleague, the ch::tirman of the Committee on Public Buildings and Gronnu , touching its effect upon the architccttue of this building and so on, to see how we can enlarge it for the 

time being, for the twenty years spoken of by my friend from New 

Jersey, then I think the _language ought to be a little different, bc- cau e taking the term in its natural sen e a "new building" might seem to imply that it was to be totally separate and distinct and r e- moved from the cxi ting structure. That is begging a question which 

ought to receive the most careful conAideration. Therefore I would 

suggest to modify that so as to leave out the word" new." 

Mr. HOWE. Tho criticism, I guess, is just; but let us dispose {)f 

the other amendment first. Mr. EDMUNDS. I thought I was speaking to the pending amendment. If I wa not I will \vithdraw my speech. 

The PRE IDING OFFICER. The que tion is on the amendment 

to the amendment as modified. The amendment to the amendment was agreed to. Mr. MORRILL, of Vermont. In reference to the suggestion of my 

colJeague, au<l al o the suggestion of the Senator from New Jersey, 

I de ire to sn,y this: that whenever we have a fa~a<le on the west 

side or on the en.-st side it will take a gren,t deal more money than 

$200,000 to build it andrefa.ce it with marble, and I shoulll be utterly 

oppo eel to ma,king an appropriation so small as $200,000 for any such 

purpose. Whenever it is done it ought to be done in a ingle year, or 

two Y"'ars at the outside. ' 

Be ides, I cannot consent without a prote t to the idea tltat you can get any sufficient accommodations for this library by making any 

extension here. ft would last only for a very brief time, ancl we would have all the work to do over again, anll I am quite sure that 

the b auty and symmetry of this building woulll be <lestroyeu by 

attaching any long extension on either side. If you put it upon the 

we t "ide, you would have a Swiss cottage, one end of it two or three 

stories high and the wings only half a story high. It seems to me that we ought to preserve the perfection of this building a much as po iule, anll I trust there will be no one in favor of an extension 

upon the we t ide, for the very small amount of accommodations 

that could be obtained there would be utterly contemptible in a very 

short proce s of time. Mr. WRIGHT. I understand the que tion is on the amenclment as it has been am ncleu 'I 

The PRESIDING OFFICER. That is the pending question. Mr. WRIGHT. I feel pretty well satisfieu myself that the Senate 

is hardly prepared to ente1· upon this scheme, and so far as an appro- priation is concerned of '200,000, I am in favor of something of this 

kind, and hn,ve been, I may say, ever since I have had a seat in this 

body. Something near about two years since I offered a resolution 

instructing the Committee on the Library, or some committee, to inquire into the propriety of erecting such a building, and to give it the name of the Washington Library Building. Now, ina much as this 

proposition is made at this time, coming from the committee, and I do 

not know that any others are opposed to the enlargement of the room or a new building, it ha-s occurred to me that the better way was to 

have orne investigation on the subject and have a report, and upon 

that report let the Senate act. I therefore propo e as a ubstitute 

for the amendment, if it be in order, what I will read, for I am very 

well satisfied the Secretary would not be able to read it if I were to 

send it up: 

That the Joint Committee on the Library, together with the Librarian of Con- gres~1 inquire into the necessity of commencmg the construction of a new building for tue Congre sional Library or of enlarging the pr ent I'OOID or uuililing, as also upon what terms new ground can be obtained and the probable cost of the new building or enlargement, and report at the next session of Congre s. 

Several SF~ATORS. That is ri~ht . - Mr. FRELINGHUYSEN. I will suggest to the Senator to insert 

after the word " building," where it is tiTst used, the words " or both." 

Mr. WRIGHT. I have no objection to any amendment. 

Ml'. ED~iUNDS . Will my friend allow me to look at his amendment'/ [After examining it.] I wish my friend would reduce this 

to English, so that we could all rea-d it. It is too much for me. [Laughter.] 

Mr. HOWE. I wish my friend from Iowa would withdraw that 

amendment. It will evidently save the Secretary a good deal of 

trouble, if nobody else. I think it will save me orne. Is it not man- ifest to my friend, is it not manifest to everybody, that the l-ibrary 

Committee will be able to tell yon nothing next winter about the n ece sity of additional accommodn,tions that we cannot tell you now 1 

We can tell you enough to-(lay. Put us on the stand, and if you are ready to hear a case, we can make a case showing the absolute neces- sity for undertaking this work. 

Now, then, the Senator would instruct us in addition to that toreport the co t of grounds. What grounds Y That opens to us an inquiJ:y into the value of every square in Washington, for we cannot a sume that this square or that is the one tbat Congre s would agree 

upon. There are two opinions right herein this·body yon see to-day a-s to the question whether you should have a new building or an 
1874. CONGRESSIONAL RECORD. 5269 

addition to the present CapitoL We cannot help you to decid~ that. The Library Committee cannot say a word to make t.he solut!OJ?- of 

that que.<Jtion plainer than it is. You severally have your opnnons 

about it. You will have them next winter after all we may say on 

the ubject. . . . Therefore it seems to me that to agree to thts amendment 1s s1mply one form of postponing action. You can po tpone action by just negativing this amendment, but do not impose any such labo~· as that on the Library Committee, which would do nobody any good m the world 

and only vex us. I therefore hope my honorable friend will withdraw 

the amendment. The Senator from Vermont sitting neare t to me [Mr. EDMUNDS] 

just now sugge ted an amenument '!hie~ I think myself o~ght to lm 

made. I say so with deference, cons1dermg that I am ~ctrng undlr 

instructions; but t.he criticism which he made I do not think occu~ed 

to the committee when the amendment wa agreed to, and I think 

it would be an improvement if adopted. I should be very glad to 

have the sense of the Senate taken upon that; but I really hope the 

Senator from Iowa will not pro his amendment. The PRESIDING OFFICER. The que tion is on the amendment 

offered by the Senator from Iowa. . Mr. WRIGHT. I will have it in form in a few moments so that It 

can be read. 

CA.l.~ON FOR A MONUl\IE...~T AT LEXL.~GTON. 

Mr. WAD LEIGH. Mr. President, the people of the town of Lexington, in the State of Massachusetts, propose to erect a monument 

wht}re the :first blood of the Revolution was shed, and a bill has passed 

the Hou. e authorizing the Secretary of War to deliver to them ten 

bra s cannon for that purpo e. They -desire that the bill may be 

pa ·ed at this e sion, so that they may compl«fte the monument before 

the centennial anniversary of the battle of Lexington next year. The 

bill was referred to the Committee on :Military Affairs, who have 

authorized me to report it back and to a k its immediate considera,-

tion. 

The PRESIDING OFFICER. Is there olljection Y 

1\Ir. ED~IUNDS. ·what is the qnestion. 

The PRESIDING OFFICER. The Senator from New Hampshire a ks consent t.o lay aside informally the pending bill and proceed to 

tho on idcration of tho bill indicated by him. 

:Mr. WADLEIGH. It is a bill to authorize the Secretary of War 

to •ri.ve ten condemned brass cannon to the town of Lexington to build a ~onument prior to the centennial celebration of the battle ?fLexinhrton. 

Mr. ED1IUNDS. The only objection I have is that cannon for such a noble pnrpo e ought not to be condemned cannon; they ought 

to be first-rate; but I will waive that objection and let it go. 

'The PRESIDING OFFICER. The Chair hears no objection. The Senate, as in Committee of t.he Whole, proceeded to cons~der 

the bill (H. R. No. 3163) authorizing the S~cretary of. ~ar to ~ver 

certain condemnecl or<lnancc to the murumpal authont1es of Lexmgton, l\fa.ssaclmsetts, for monumental J?nrposes. . . . The bill authorizes the Secretary of \V ar to dehver to the mummpal 

authoritie of Lexincrton, 1\fa achnsetts, ten pieces of condemned 

bra ·s cannon, to be ~ed for monumental purposes in commemoration 

of the ba.ttle of Lexington on the 19th day of April, 1775. 

The hill wa reported to the Senate without amendment, ordered 

to a third reading, read the third time, and passed. 

JOHN L. T. JONE . 

1\Ir. HMllLTON, of Maryland. There is a bill that I desire to have 

pa sed for the benefit of a l\Ir. Jones, whom all the Senators, I apprehend, know. It will not take three minutes to do it. Mr. MORRILL, of Iaine. That will .not do. I ask my friend to 

look at the army on their feet already prepared to make similar re- quests. Let us go on with the appropriation bill. I will help t.he 

Senator by and by. 

1\Ir. HAMILTO:N, of Maryland. It will not take three minutes. 

Let us U.ispo e of Mr. Jones. The bill is No. 696 on the Order of Busi- ne . The PRESIDING OFFICER. The Senator from Maryland a k 

unanimous con ent to lay a-side informally the sundry civil bill and 

take up the bill inuicated by him. . . Mr. HAMILTON, of Maryland: There will be no trouble about 1t 

at all. 

By unanimous consent, the Senate, as iri. Committee of the Whole, 

proceeued to consiuer the bill (H. R. No. 1620) for the relief of John 

L. T. Jones, of Montgomery County, Maryland, for rent and damage 

sustained by the destruction of a dwellin~house by accidental :fire 

while the same was being occupied by united States troops for 

quarters. The bill clirect the Secretary of the Treasury to pay to John L. T. 

Jone the sum of $4,000, which shall be in full discharge of all claims 

of said Jones against the United State for rent of building and destruction of the same by accidental :fire while being so occupied as quarters by the United States troops in fontgomery County, Mary- land, under the commancl of General Hubert Ward, in November, 

1862. 

The bill wa-s reported to the Senate without amendment, ordered 

to a third reacling, read the third time, and passed. 

SUXDRY CIVIL APPROPRIATION BILL. 

The Senate, ns in Committee of the Whole, resumed the consideration of the bill (H. R. No. 3600) making appropriations for sundry civil expenses of the Government for the :fiscal year ending June 30, 

1875, and for other purpo es. Mr. EDMUNDS. What is the precise que tion on that bill 'F 

The PRESIDING O.FPICER. The pendincr que tion is on the 

amendment offered by the Senator from Iowa [.~IT. WRIGHT] to the 

amendment offereu by the Senator from Wisconsin, [ lr. HowE.] 

1\Ir. ED~! NDS. I should like to have the amendment stated, so that we may nncler tand exactly how it tands. 

Mr. WRIGHT. I will read it as I have now prepared it, and then 

send it up to the desk. :Mr. STEVENSON. I understand the Senator from Iowa to offer 

his amendment as a substitute for the amendment of the Senator 

from Wisconsin. lli. WRIGHT. Yes, sir . . Ix. STEVEN ON. I desire to offer an. amendment to the amendmont of the Senator from Wi consin before the sub titnte is acted 

upon. 

Mr. WRIGHT. Let me read it. The substitute is this: 

That the Joint Committee on the Library, together with the Librarian of Cdngress, inquire into the neee sity of commencing the construction of a new buililing 

for the Congressional Library, or of enlarging tlie pre sen~ room or lmildin&, or l.Joth, as also upon what terms suitable ground can be obtained, and the :probao1e cost of 

the new building, or enlargement or both, and report at the next se 10n of Congress. 

:Mr. SHERMAN. I ask the indulgence of the Senate for a moment on this bill. There is an amenclment made nece ary by the pa sage 

of whati called the currency bill. An amendment bas been banded 

to me which I desire to offer, and to which I think there can be no objection. It is apparent on its face. I am compelled to leave the 

Chamber to attend a committee of conference, and that is the reason I interpose now, although I n.m a little out of order. 

The PRESIDING OPJ<'ICER. The Senator from Ohio asks unani- mous consent to lay aside the pending amendment and proceed to 

the consideration of an au"'lendment offered by him. The Chair hears no objection. The amendment will be reported. The Chief Clerk read the amendment, aa follows : 

For the following clerks in the office of the Comptroller of the Currency: two clerks of class three; two clerks of class one; nine female clerks; for extra com- pensation to four heaus of division , 2,400; total in all 16,100 : Provided, That the amount appropriatetl shall be r eiml.Jursed to the Treasury by the national banks, as })rovidefl in ection 3 of "an act fixing the amount of United State notes, pro- viding for the redistribution of the national-bank CIDTency, and for other purposes.'' 

Mr. SHERMA....~. I will say to the Senate that this money does not come out of the Trea-sury, but comes out of the national banks. It is 

to provide for the appointment of clerks made nece sary in the assorting of national-bank notes. That is all there is of it. The PRESIDENT p1'o tempore. The question is on the amendment 

offered by the Senator from Ohio. · The amendment was agreed to. 

fr. EDMUNDS. It is now ten minutee to six o'clock. I move that 

the Senate take a recess until half past seven o'clock. 

Several SE.t'\ATORS. Say eight o'clock. 

Mr. EDMUNDS. Do you all say eighU ["Yes."] Very well, then, 

I will say eight o'clock. 

Ir. MORRILL, of Maine. I want to be heard about that. Ir. ED:~IUNDS. It is not debatable, but I do not object to the 

Senator statincr lris objection. 

Mr. MORRiLL, of Maine. Then I want to make a suggestion. We 

ought not to take a recess, in my judgment. If we do, I think we shall :find it to be necessary to stay here another day. If we conclude 

t his bill and send it to the House of Representatives by eight o'clock, 

in season to be acted upon there, and a conference ordered, on Monday morning we can briug this bill into the two Houses ready to finish 

it on the conference report. If we take a rece and come back here 

at half past seven or eight o'clock, the consideration of this bill will 

run into midnight, ancl the session will run into Tue day necessarily. 

Therefore, I hope the Senate will stand by the bill and sit right 

straight on. Mr. ED~IUNDS. If the Senator in charge of this bill thinks the 

public interest requires that we should stay here now, I withdraw my 

motion. 

Mr. MORRILL,·of Maine. I .would not say so if I did not sincerely feel that it was so. The PRESIDING OFFICER. The Senator from Vermont withdraws his motion. 

Mr. EDMU1\TDS. I take the judgment of the Senator from Maine. 

Now I hope we will go ahead - Mr. FERRY, of Michigan. I have one objection to that, and it lies 

at the door of the chairman of the C.ommittee on Appropriations. If 

he will yield the appropriation to which I refer I have nothing to 

say. I understand that a bill is pending awaiting the signature of 

the Pre ident establi bing life-saving stations. The Committee on Appropriations is unwilling to appropriate for that object until that 

bill is signed by the Pre ident. As I understand, the President will 

return here at about ten o'clock and the bill will probably be signed 

then. If we go right on with this bill -it will be concluded before 

that ·time and this appropriation will be shut out. There seems to 

be no objection whatever to the bill and doubtless it will be signed, 
5270 CONGRESSIONAL RECORD. JUNE 20, 

and I trust the committee will allow the proper appropriation to be 

made. His forth~ saving of life. Mr. MORRILL, of Maine. The committee have entertained that 

propo ition . Mr. EDMUNDS. There is no que tion of that kind now before us. 

Let us have the pending amendment. . Mr. FERRY of Michigan. I am addres ing myself to the chair- man of the cdmmittee on Appropriations, and I wish to be heard. 

Mr. :MORRILL of Iaine. I will say, in answer to the Senator's 

inquiry, that the' committee have entertained _that provo ition and wil~ have it ready the moment they have any informatw~ that t~e 

bill to which he has referred has become a law and put It on this 

bill. That can be done at any time before the bill passes from ~he 

coo-rrizance of either branch. If the President does uot choose to stgn th~ bill of course we cannot put on an appropriation ·to carry it out. 

Mr. FERRY, of Michigan. Will it be _entertained as ~etween the 

two Houses so as to be subject to the action of the comiDittee of conference? . • Mr. MORRILL, of Maine. If the information that that bill h as be- come a law should reach the House before they act upon our amendments, they can put on the appropriation there. . Mr. FERRY, of Michigan. nle s either House_act upon It then, 

it will not be a subject of controversy to be con Jdered by the conference committee ' 

Mr. MORRILL, of Maine. The House have a deep an interest in 

it a we have, and they are very vigilant on t~at ubject. If the 

Pre ident sirrns that bill before this one leaves either House, we can put the appr~priation on this bill, and it ~eems to me that is the only 

secmity we have. . . . . Ir. FERRY, of ~Iichigan. What IS the real obJectiOn, I will as}-r 

the chairma-n, to allowing the appropriations to be made now' It IS 

a mere question of time. . . Mr. SARGENT. I think the amendment the Senn,tor refers to ISm 

the bill. If he will look at p::tge 4 of the bill, I think he will find it 

there. 

Mr. BUCKINGHAM. It is on page 4, line 70. 

Jr. SCOTT. I wish to offer an amendment if there is none pending. 

fr; EDMUNDS. Let us have the amendment reported that is 

pending. The PRESIDENT pro tempore. The Clerk will report the pending 

amendment and the amendment to that amendment. 

The CHIEF CLERK. The amendment is a follows: 

For commencin<T the construction of a new building for the Library of Con~ess, 

$200 000 · and the 'Joint Committee on the Library of Congre , together wim the Lib1 r~ of Con!ITess, shall have supervision of the location and erection of said 

build in.,.· and afd committee is hereby authorized to sit during the rece s of Con· 

gre s. "' ' 

It is propo ed to amend th::tt amendment by substituting for it the 

following: 

That the Joint Committee on the Library, together with . the Libmrian of Con- ~ess inquire into the necessity of commencing the constmction of a new build- Ill"' f~r the Congressional Library, or of enlarging the present rooms, or building, or both, as also upon what terms suitable ground can be obtaine~ , and the probable cost of a. new building, or enlargement, or both, and report at the next session of 

Congress. 

The PRESIDING OFFICER. The Chair will receive amess::tge from 

tbe House of Representatives. 

1\IESSA.GE FR0::\1 THE HOUSE. 

A message from the House of Represent::ttives, by Mr. McPHERSON, 

it Clerk, announced that th~ House ha-d concurred in the amend- ments of the Senate to the following bills : A bill (H. R. No. 1774) for the relief of Matthias.Whitehead; 

A bill (H.R. No. 3257) authorizing the Secretary of War to sell un- serviceable ordn::tnce stores, and for other purposes ; 

A bill (H. R. No. 3282) providing for the collection-of moneys due 

the United State8 from the Pacific Railroad Companies; 

.A bill (H. R. No. 3354) to leg::tlize entries of public lands under the 

homestead laws in certain cases; 

A bill (H. R. No. 3428) to amend an n,ct entitled ".A.n act to provide 

for the payment of horses and other property lost or destroyed in the 

military service of the United Stat.es," approved March 3, 1849; 

A bill (H. R. No. 3431) authorizing the Secretary of War to relinquish and turn over to the Interior Department parts of certain r e - ervations in the Territory of Arizona no longer required for military 

purposes . .A. hill (H. R. No. 225) to amend the act entitled "An act to est::tblish a western judicial district of North Carolina;" 

A bill (H. R. No. 2539) relinquishing the rights of the United States 

in certain lands in the State of Michigan; and · .A bill (H. R. No. 29&:!) to provide for the appointment of a commission of engineers to investigate and report a permanent plan for the 

reclamation of the alluvial ba-sin of the Mississippi River subject to 

inundation. 

The message also announced that the Honse insisted on its amendment to the bill (S. No. 733) regulating gas-works, agreed to the con- ference asked by the Senate on the disagreeing votes of the two 

Houses, and had appointed 1\fr. W . L. SESSIO~""S of New York, Mr. 

CHARLES O'NEir..L of Pennsylvania, and Ir. STEVENSON ARCHER of 

l\f:tryland, managers at the same on its part. The message further announced that the House had agreed to the 

amendment of the Senate to the amendment of the Hou e to th"" 1 ill 

(S. No.7 4) authorizing the tr:tnsfer of gold mint bars from the bullion fund of the assay office, New York, to the assistant treasurer a.t 

New York. The me sage al o announced that the Honse bad disagreed to the 

report of the committee of conference on the disagreeing votes of tllo 

two Houses on the amendments of the Senate to the bill (H. R. No. 2343) making appropriations for the current and contingent expen es of the Indian Department, and for fulfilling treaty stipulations with 

various Indian tribes, for the year ending June 30, 1875, ancl for other pnrposes,furtherinsistedon itsdi agreement to the amendments of the Senato, asked a further conference on the disagreeing votes of the two 

Houses thereon, and had appointed Mr. HEl\'RY H . STARKWEA.TIIER 

of Connecticut, Mr. JAl\IES B. BECK of Kentucky, and Mr. J.P. C. SHA.J.,KS of Indiana, managers at the sv.m.e time on its part. 

I:m>IAN APPROPRIATION BILL. 

Mr. WINDOU. I move that the Senate insist on its amendment to 

the Indian appropriation bill and agree to the conference asked by 

the House. 

Mr. EDMUNDS. I should like to know what the matter is about 

thi Indian bill. Mr. \.VINDOU. I will state it, if the Senator will permit me. Mr. ED.;}IUNDS. I wish to ask the Senator from Maine, at who e request we are itting here to-night on the sundry civil bill, why we do not go on with that bill, in the first placeT 

Mr. MORRILL, of Maine. It seems to me it is de irable that we should have a conference appointed on the Indian bill. 

Mr. EDMUNDS. Very well; that being so, I should like to have 

this matter explained. 

Mr. WINDO~f. The point of disagreement is with reforence to the appropriation for the Apaches in Arizona and New Mexico. Mr. EDMUNDS. How much did we appropriate T 

Mr. WINDO.;}f. The Senate appropriated $700,000. The appropria~ 

tion last year was 750,000, and the yea.r before$ 25.000, I think. The committee of conference reduced it to 550,000, the reduced estimate 

of the Department, and the House disagreed to it. 

Mr. EDMUND . Then I wish to a k the Senate what attitude we shall be in if we do not agree to the further conference, but stam1 

upon the position we have already taken 'f 

Mr. WINDOM. I ask to have a further conference. 

Mr. ED.;}IUNDS. Ye , I see the Senator does; but I wn,nt to ha ye the Senate vote and le::tve it to the House to determine, if it is reduced 

to tha.t, whether they will accede to this 500,000 or take nothing. 

That is what I want to have understood. Ina much a we are appropriating money out of the Tren.sury, if the House of Repre entatives 

have got to the point that they are willing not to have any appropriation at all and refuse to vote any because we will not appropriate as much as they say, then I think it high time that the Senate shonhl 

meet them upon that ground. 

Mr. SARGENT. We appropriated a little more than they want. 

Mr. ED::\IUNDS. But the committee of conference have agreed to 

reduce it to $550,000, and when their committee make that report, 

the Honse say they will not have it reduced to $550,000; so that I am correct in saying that the point of difference between the two 

Houses is now that they refuse to agree to this appropriation bill un- less we add more money to the appropriation than the committee of 

the House and the committee of the Senate have arrreed would do for 

this occa ion. Now, if we can reaeh that point and vote, without any 

further conference on the subject, so as to adhere to our po ition, I 

wish to do it. Whether we can or not, the gentleman in ch:U'ge of 

the bill can say. 

Mr. SARGENT. I should like to inquire if the effect of a vote to 

adhere is not to kill the bill 'f Of cour e we do not want to kill the 

bill, because it would be an immense labor to get the bill np again. 

Perhap the better way would be to insist and grant the conference 

for fear that a vote to adhere would kill the bill. . Mr. EDMUNDS. No, it will not kill the bill. I make tbi~ motion on the statement of the Senator from Minnesota. It has been sn~­

gested by my honorable friend from Maine, [Mr. H.L'ULIN,] who 1s extremely fn,miliar with parliamentary law as he is with all otber 

law, that we can reach this point byagreeing ourselves to the report 

of our committee of conference. Mr. WINDOM. We have already agreed to it. . Mr. ED~UJ.NDS. Very well; then we have agreed to the report of 

the committee of conference on our side. Now, the House of Repre- sentatives say they do not agree. I move that the Senate insi t 

upon its agreement to the report of the committee of conference and 

decline the furth er conference proposed by the Honae, and then it 

will be for the House to say whether they will recede, or whether 

they will still adhere to their determinn,tion that they sh::tll take 

250,000 more out of the Treasury than we are willing to give or hazard the pas age of the bill. 

Mr. WThTDOM. I do not understand the statement of the Senator 

from Vermont. The Honse insists upon a less appropriation. 

Mr. EDMUNDS. No. The Senator ha-s stated that the conference 

committee agreed upon 550,000 and the original bill stood at 

$750,000. Mr. \VTh~OM. That was the amendment of the Senate. 

Mr. EDM1ThTDS. Now the Honse declines to agree to that report. 
1874. CONGRESSIONAL RECORD. 5271 

Mr. SARGENT. But they themselves insist on some $400,000. 

Mr. EDMUNDS. Then I retract all that I have said and am in 

bvor of agreeing with the House. 

:Mr. SAUGENT. If the Senator will allow me, it involves another 

que tion which was fully argued and determined by a vote of three- fourths of the Senate. We have rescued the Territory of Arizona 

from a state of lawlessness; we have made it a quiet, peaceable Terri- tory under the peace policy which has been pur ued by the President 

and enforced by the military arm. ·we have put the Indians on four r eservations on which not a grasshopper is grown. We have told them, 

"Stay there; if you leave we will shoot you down like wolves." Now, 

the question is whether we will keep our faith with them. We said 

that if they staid there we would feed them. To feed them will cost 

the amount of the revised estimate of the Department, which is but 

$550,000. . 

Mr. EDMUNDS. I should be glad to know how it bas happened 

that the United States has put these Indians upon four reservations 

where not a gra hopper is to be grown, aa the Senator puts it. 

Mr. SARGENT. It is nevertheless true. Mr. E DMUNDS. I should like to know from the chairman of the 

Committee on Indian Affairs, whom we all know to be a humane man, 

if the Senator from California is correct that we have forced these 

Indians on a poor, barren reservation Y That is what the Senator means when be says there is not a grasshopper there-- 1\Ir. SARGENT. That is what I meau. lli EDMUNDS. If it is possible that this nation has driven these 

Indians, no matter whether they are savage or tame, into a contracted 

region of country that we call a reservation, where they cannot subsist themselves or pursue a!rriculture ; in other words, if they are penned up in a barren place, I should like to have the chairman of the 

Committee on Indian Affairs tell us now, for this is the best possible 

opportunity, whether that is so, and if it is so, how it happened. Mr. BUCKINGHAM. I can hardly say how it happened, because it 

happened some time ago; but this I believe is true, that the Apaches are on reservations where they are unable by any means at their com- mand to su tain themselves. While they are compeU.ed by law to 

remain on the e re ervations, yet we having declined to feed them 

according to the agreement they have been in a state of starvation, 

and obliged at times either to starve or leave the reservation for the 

purpose of obtaining a living. Those I believe are the facts in regard 

to the Apaches. ·whatever mi take we have made cannot be remedied now that I know of; but there is a necessity, if we would retain them 

and keep them alive, to .feed them, otherwise we should put them on a better re ervatiou. 

Mr. EDMUNDS. It ought to be provided for. It is amazing. 

Mr. SARGENT. I call for the question upon insisting and agreeing to the further confere~ce. 

The PRESIDENT pro tempm·e. The Senator from l\Iinnesota moves that the Senate further insist on its amendments to the Indian appropriation bill and agree to the conference asked by the House of Representatives. 

The motion was agreed to. 

The PRESIDENT pro tempm·ewas authorized, by unanimous consent, 

to appoint the committee; and Mes rs. SARGE....'IT, BuCKINGHAM, and 

GORDON were appointed the conferees on the part of the Senate. 

SUNDRY CIVIL APPROPRIATIO:N" BILL. 

The Senate, as in Committee of the Whole, resumed the consiuera- tion of the bill (H. R. No. 3600) making appropriations for stmdry 

civil expenses of the Government for the :fiscal year ending J nne 30, 

1875. . 

The PRESIDENT pro tempore. The que tion is on the amendment 

of the Senator from Iowa [1\Ir. WRIGHT] to the amendment of the 

Senator from Wisconsin, [l\Ir. HoWE.] 

1\Ir. FRELINGHUYSEN. It seems to me that it would be wisest 

to place this provision as the Committee on the Library want to have 

it. They have thought of this subject and it has been committed to 

them; and as they prefer that this amendment should not be adopted, 

I think we had better so vote. 

Mr. WRIGHT. I will state my object in offering the amendment. 

I ha.d very great doubts from the expression given by the Senate 

whether the Senate were pFepared to adopt the amendment suggested 

by the Committee on the Library. I thought a fair compromise would 

be to h ave this matter go to the committee to consider the question 

during the recess. My proposition is that they shall examine as to 

suitable grounds and the probable expense and· to report at the next 

ession of Congre s. It occurred to .me that it were b etter, in view 

of the conditicm of our finances and in view of the apparent indisposition on the part of the Senate to go into this mea ure at this 

time, that they hould investigate the question and report, and then we could dispose of it at the next session after having a full examination and report. I have no doubt myself as to the necessity of some action on this subject, and I shall vote very cheerfully for the prop- o ition of the committee if it is not deemed by the Senate better to 

refer it to the committee to investigate during the recess. Mr. HOWE. I want to remind the Senate once more that the 

Librarian has been year after year expounding the necessity of this 

structure and he cannot possibly add anything to what h e bas testi- fie6. on the subject. Now, the Senator says he doubts whether the 

Senate is prepared to agree to this amendment I have offered. Just 

let him withdraw his proposition for the present and take the sen o of the Senate. After my amendment shall have be n improved ac- cording to the suggestion of the Senator from Vermont, then tak6 

the sense of the Senate on that amendment. If they are not willing 

to agree to it, then we can hear what the Senate ha to say on the 

amendment of the Senator from Iowa. I wish he would do that. 

1\lr. WRIGHT. I think the better way is to take the sense of the 

Senate on the proposition I stated. If the Senate is in favor of the 

proposition of the committee, as a matter of cour e they will vote 

this down. · 

·The PRESIDENT pro ternpo1·e. The question is on the amendment 

of the Senator from Iowa to the amendment of the Senator from 

Wisconsin. 

The question being put, there were on a division-ayes 21, noes 17. 

Mr. HOWE. Let us have the yeas and nays. 

The yeas and nays were ordered. Mr. HOWE: The Senator from Rhode Island [Mr. SPRAGUE] wants 

to know what the question is. I wish it could be stated by the Chair, or I will state it myself. 

Mr. SPRAGUE. State it your elf. 

Mr. HOWE. The Joint Committee on the Library instructed its 

chairman to move an amendment appropriating $200,000 to commence enlarging the library or building a new librru.·y. The Senator from 

Iowa thinks that weare not sufficientlyenlightenedaboutthenecessity 

for these additional accommodations, anu t,herefore proposes as a substitute an amendment which requires the Committee on the libra:ry to 

report next winter ~pon the nece ity of a new library and the co t 

of it. I have urged him to withdraw that amendment, reminding 

him that it is utterly impos ible for the committee to tell you any~ 

thing next winter that you do not know to·day. The librarian has 

been urging this work for several years. His libtary is cluttered with 

books that cannot be shelved. Under the operation of the copyright 

laws and the purchases the accumulations are from thirty to forty 

thousand volumes per year. Agreeing to the amendment of the Senator from Iowa is simply 

deciding against taking any step to ,provide for this want. I really 

hope if the amendment of the Senator from Iowa should be adopted as a substitute for the amendment I moved, that then the ubstitute 

would be negatived, for it seems to me it wonld be utterly usele , imposing a labor on the committee which can do no good whatever. 

Ir. ALCORN. Senators in tho vicinity where I sit are entirely 

satisfied on all points save one. We are entirely satisfied.over here 

that more room is needed for the library and that an extension of the 

building is nece sary. Every one who regards the ratio in which the 

books of this country are increasing yearly knows that we must have more room, and what will become of the books that will accumulate 

in the next twenty-five years is a question that I will not undertake 

to consider just now. But I say we are satisfied in regard to t~ 

necessity for more room. · That point is fixed. We are satisfied th~t 

this $200,000 is only a beginning ; and the only difficulty is, where 

will you locate the building We simply do not want it located away 

off somewhere where it will be inacce ible. Where will you locate 

it Within the grounds surrounding this Capitol Y If you say ther 

is where you are going to locate it, so far as I am concerned I will 

voto with the Senator from Wi con in. So far as the 200,000 is con- cerned,.that is a mere beginning. Let it cost 10,000,000. The library 

must be had; it is a necessity indispensable-something you cannot 

do without. You must have it, cost what it may. The only point 

that I .am here hesitating upon is as to where the library shall be 

located. 

1\Ir. HOWE. Let me tell my honorable friend that the Library 

Committee has taken no action upon that point. Mr. ALCORN. That is the very point. There is where the shoe 

pinches. I wish the Library Committee to just indicate where th y 

"intend to put this library, because that is a question that we want 

to talk about. 

1\lr. HOWE. Now, if <my friend will just propose a pbce-- 1\Ir. ALCORN. I have no place to propose, but I want it within 

reach of the Capitol, close by; but that is a question that I have not 

investigated, and I now understan8. that the Committee on the Li- brary have not investigated it. 1\fr.-HOWE. The Committee on the Library have not considered 

that question. Mr. ALCORN. That is their business, not mine. Mr. HOWE. It will be yours if you instruct them to do it, but 

you see how it is rio-ht here in the Senate. Here are very decided 

opinions expressed aheady that this additional accommodation ought 

to be.obtained by enlarging the Capitol either to the west or the east. 

On the contrary, my excellent friend from Vermont protests that yon 

must not provide for it in that way. Some Senators have suggested one square near the Capitol; other Senators have suggested another 

square. I am perfectly willing to settle the question of location 

right here in the Senate if you will make a proposition. If you will 

not make a proposition, then I ask y ou t o trust somebody, and I do 

not care who it is, the Secretary of the Interior, the superintendent 

of public buildings and grounds, the Committee on Public Building 

and Grounds. Only take a step ; that is what I ask. Mr. OGLESBY. The chairman of the Committee on Appropriations 

has indicated to the Senate a desire to go on with the bill before ns, so as to have it completed by eight o'clock. I am a faithful, diligent1 
5272 CONGRESSIONAL RECORD. JUNE 20, 

persistent participator and listener :is that bill is going through the 

Senate. I have ta ted nothing in the way of substantials to rely on since morning. If all these amendment are to be debated on a - proposition for the beginning of a new library building, the chair- man of the committee must perceive that eight o'clock will arrive 

lon<>' before we can begin to tell whether the new library will be put 

in the ea t part of the city, the west part, the north part, or over in 

Virginia, or here about the Capitol. It is perfectly obvious that the 

Senators are not in a condition to vote atisfactorily on this question. 

The Library Committee has been perfectly candid about it, and one of the gentlemen on the Committee on Public Buildings and Grounds 

ha been ve1·y candid and told us that this $200,000 is but a beginnin•.,; it may co t a million, it may cost two millions, it may cost 

thnfe; it probably will cost five millions, and we have not the re- motest idea in voting upon this grave que tion whether it is to be con- neutecl with the Capitol, a part of the Capitol, on the public grounds 

of the nation, or n ew grounds to be bought for the purpo e. The 

question is too grave, the subject too important, to be shuffled and 

cuttled around in this way. I think we had better go to dinner. If 

I bad any hope that the chairman of the Committee on Appropriations could ~?on with his bill and get it through by eight o'clock, I 

would sit willin~ly and patiently. 

1\ir. SARGENT. Let us try. 

1\ir. OGLE BY. But if these debates are to go on continually, we h<lll not get through by midnight. I am oppo ed to this whole 

library bri iues . I hope it will stand stock still where it is. 

Mr. FERRY, of 1\iichig:m, ( ~t six o'clock and twenty minutes p.m.) 

To relieve the Senator from illinois, I move that the Senate take a rece until eight o'clock. 

M:r. SARGENT. I ask for the yeas and nays. 

The yeas and nays .were ordered. 

llir. MORRILL, of Maine. I wish to say a word. 

The PRESIDENT p1·o tempore. Debate is not in order. 

Mr. MORRILL, of Maille. I only wish to say a word. If Senators 

do that thing, they do not adjourn on Monday according to my notion 

of the public business. That is all I have to say. 

Mr. CHANDLER. I wish to say that I desire to-night to call up 

aml pass the river aud harbor bill, and I shall a k the Senator from 

Maine to give way to that. I think we can pa-ss it in thirty minutes uow. 

fr. FERRY, of :Michigan. I merely want to say that if we are ~o 

sit up all night we onght to have an opportunity to place ours~lve~ m a po. ition, with a full stomach, where we can stand these b1g bills. ' fr. ARGENT. We can pass the bill in ten minutes if Senators 

wi.J L let us do so. The que tion being taken by yeas and nays, re ulted-yea.s 13, nays 

34; as follow : · 

YEAS-Me r . .Alcorn, Bayard, Bogy, F erry of .Michigan Haaer, Hamilton of Tex:w, Ingalls, McCreery, Merrimon, M.ltchell, Oglesby, Pratt, an'J Rol)ertson-13. 

NAYS - Me rs. Alii on, Anthony, Boutwell, Carpenter, Chaniller Clayt!>n, 

Conover Cooper, Davis, Dennis, Edmunds, Flanagan, Frelinghuysen, Goitlthwmte, 

Gorclou,' Eamilton of Maryland, Hamlin, Harvey, Hitchcock, Howe, Johnston, 

Morrill of Maine, Morrill of Vermont, Ramsey, Sargent, Schurz, Scott, Sherman, 

Spencer, Sprague, tewart, Wa hburn, West, an~ Wright--34. . AB ENT-Mes rs. Borema.n, Brownlow, Buckml!haru, Cameron, Conklina, Cragin, Dorsey, Fenton, Ferry of Connecticut, Gilbert,Jones, K elly, Lewis, :Eogan, 

Morton, Norwood, Patterson, Pease, Ransom, Saulsbury, Stevenson, Stockton, 

Thurman, Tipton, Wadleigh, and Windom-26. 

So the motion wa not agreed to. 

The PRESIDENT pro ternpo1·e. The question recur~:~ on the amendment of the enator from Iowa f.Mr. WRIGHT] to the amendment of 

the Senator from Wisconsin, [Mr. HOWE,] upon which the yeas and 

nays have been ordered. . llir. ROBERTSON. By voting for the amendment of the Senator 

from Iowa do we vote against the amendment of the Senat.or from 

Wisconsin f 

The PRESIDENT pro tempore. The Senator from Iowa propo es his 

amendment as a substitute for the amendment of the Senator from 

Wisconsin. Those in favor of the amenilineht of the Senator from 

Iowa will answer "yea," those oppo ed "nay." 

The question being taken by yeas :tnd nays, resulted-yeas Z7, nays 

15 ; as follows : 

YEAS-Messrs . .Alcorn, Bogy, Ch..wdler, ·clayton, Cooper, Davis, D ennis, Ferry 

of Michigan, Flanagan, Goldthwaite, Hager, Ha.milto~ of Maryla~Hl, Hamilton of Texas llit<lhcock Johnston, Jones, McCreery, Mermnou, Morrill of Vermont, 

Qale bv Pratt, Rn'rusey, Ransom, Robertson, Sherman, Washbmn, and Wright-27. 

NAYS-Messrs.Allison, Bayard, Bnckin~ham, Edmunds, Frelinghuysen, Ham- lin Howe, Ingalls, .Mitchell, Morrill of Mame, Sargent, Schurz, Spencer, Sprague, 

and W est-15. , ABSENT-Mears. Anthony, Boreman, Boutwell, Brownlow, C~eron! Car- p enter, Conkling, Conover, Cragi.n, Dorsey, Fenton, F erry of Connecticut, Gilbert, 

Gordon Harvey K elly Lewis, Logan, Morton, Norwood, Patte rson, Pease, Saulsbury, S~ott, Ste~ nson,' Stewart, Stockton, Thurman, 'l.'ipton, Wailleigh, and Windom--31. 

So the amendment to the amendment was agreed to. 

The PRESIDENT pro tempore. The question now recurs on the 

amendment a amended. Mr. HOWE. :Mr. Pl·esident--

Mr. SARGENT. 0, let it go. 

Mr. HOWE. No ; I beg pardon. I hope the Senate will indulge me now by laying this amendment on the table. . . The PRESIDENT pTo ternpore. The Senator frpm WIBconsm moves to lay the amendment on the table. 

Mr. HOWE. I will move that in a moment. I ask thiB as a matter 

of justice. 

Mr. SARGENT. That will disposeof the whole matter. 

Mr. HOWE. I have said over and over again that we really can- not do anything that will be of any service. I accept the judgment 

of the Senate that they do not wish to enter on this wm'k. I abide 

by that; it is conclusive. I move now to lay the amendment on the 

table. 

The motion was a<>'reed to. 

1\Ir. SARGENT. 8n behalf of the Committee on Appropriations I 

offer the follo"'ing amendment, to come in on page 50, after the word 

"section," on line 1232 : 

But nothing herein contained shall be construed to affect the pre:;entjurisdiction 

of the Second Comptroller of the Treasury in this class of ca es. 

Mr. EDMUNDS. I should like to know what that mean . 1\fr. SARGEJ.: T. If yon will r ead the precedin<>' word you will see that the clan e devolve certain duties on the T~d Auditor of the 

Treasury, which i a provi ion of the House bill that the enate has 

not changed; but the Second Comptroller ha an idea that that provision may dispen e with his supervision of that cla of case . 

Mr. EDMUl\TDS. Does this add another check ' 

lifT. SARGENT. It retains the present one, and cle&rS up any obscurity. 

Mr. EDMUNDS. And is an additional security against wrong on the Treasury above what this section prescribe f 

1.1r. SARGENT. That is what we think at any rate. Probably the 

person who drau<>'bted this clause did not intend to dispense with the 

scrutiny of the Second Comptroller in the e matters, but there is a fear that it does do it, and we want to make'it clear that it does not. 

Mr. EDMUND . I understand the Senator then to a.y that the 

effect of this is to require the intp1·i1natw· of two officers instead of one for the passage of these claims f · 1\fr. SARGENT. Yes, sir. 

Mr. EDMUNDS. Then the Senator is right. 

The amendment was agreed to. 

1th. SARGENT. On page 54 I offer an amendment, which is made neces ary by the changes which have been made in the pen ion laws 

requiring 300,000 for the Army of the United States for this year. 

I move to insert after line 1.323 : 

For A.rmy pensions and expenses thereof, under the various acts of Congress, 

300,000, or so much thereof as may be necessary, to be available immediately. 

The amendment was a.greed to. 

Mr. SARGENT. I offer another amendment from the Committee on Appropriations and I believe it is the la t one we have. It is to come in on page 60, after line 1463·: 

For the continuation of the work on the new jail in the District of Columbia, 

100,000. 

1\ir. EDMUNDS. What Department does that come from f 

Ir. SARGENT. From the Interior Department. 

Mr. EDl\1 ·N.PS. I should like to see the authority. 

Mr. SARGENT. I will give it to you. I have it here in my hand. 

Does the Senator 'vish these documents read Y [Holding up a bundle 

of papers.] 

llir. EDMUNDS. No; I do not. I am satisfied the j ail here ought 

to be enhrged and made as perfect as possible. 

Tl1e amendment was agreed to. 

lifT. BUCKINGHAM. I offer the following amendment, to come in 

after line 849, on page 35 : 

For the maintenance and supporl of the H vdrographic Office, including surveys of ocean currents, reefs, and shoals, and incidental expenses, -o,ooo. 

lifT. ED~IUNDS. Where doe that come from ! 

1\h. BUCKINGHAM. I will say that it comes with the recom- mendation of the Secretary of the Navy and is also approved by the 

Committee on Commerce, and is recommended and strongly urged by 

the insurance companies and underwriters in New York. I will state 

still further that this Hydrogr.llphic Office prepared within the year 

endin<>' June 30 la t not less t•hat one hundred aml nineteen charts 

and s~veml publications which are useful for seamen, such as instructions, &c., which n-re r egarded as exceedingly important, but they 

have no means of publishing them. They want two sets of survey- ors for service in foreign waters where they make the surveys which 

relate to reefs, shoals, and dangerous coats. These maps and charts are interch~~able with like products from foreign countries. 

1\ir. ED~1U.NJJS. We all understand it . Mr. BUCKINGHAM. If nothing further is necessary to be said I 

will say no more. 1\ir. MORRILL, of Maine. That is strongly recommended. 

The amendment was agreed to. llir. BUCKINGHAM. I offer the following amendment to come in on page 54, after line 1317: 

For this amount, or so much thereof as may be nece sary, for presents to the 

Sioux of the Red Cloud and Whetstone or Spotted Tail agencie_1 on condition that 

said Indians shall relinquish their right, under treaty stipruation, to hunt in 

Nebraska, 25,000. 

By treaty with the e Indians made in 1 68 they hav~ th~ nght to 

hnnt in the northern part of Nebraska as far a the Platte River. To 

these ao·encies from the northern part of the Sioux country has frequently come down a large number of Sioux who are not easily con- trolled, and they have come when those who belong to the reserva-
1874. CONGRESSIONAL RECORD. 5273 

tions have been on their hunt. T'ue con equence has been that property has been stolen and murders have been committed at the ·e particular t imes. It is regarded as very desirable both by the Secretary 

of the Interior and by the Inilian Bureau, as well as by those who have 

charge of these a•,.encies, that these Inuians should relinquish the 

right to hunt on those plains; and it is for tho purpose of persuading 

them to uo so that this amendment is propos d. 

I now beg leave to withdraw my oujectiou to the consideration 

of the re olut.ion offered by the Senator from South Carolina, [Mr. PATTERSON,] not tbat I approve of it, but I have no objection to its 

being con ·idered. 

The PRESIDENT pro tmnp01·e. That is not now before the Senate. 

The sundry civil appropriation bill i pemling. . .Mr. PRATT. I offer the following amend.ruent, to come in on page 

56, line 135 , after the word "dollars:'' 

Provided. That the clause in the act entitled " An act making appropriations for 

the legislative, executive, and jurlicial expensns of the Government for ~he year enuinu J1me 30, 1874, anu for other purposes," aprrovcu ]![arch 3, 1873, ill these 

wor<ls: "That no claims against the United State. forcollectiug, w:il~ug, or organizin<Y volunteers for the war of tlle rebellion shall bu an;literl or pa1tl Unless pre- sen~rl before theeuuof the fiscal year curling J"tme 30, 1874," shall not be con11trued to embrace the claims of ta.tes for collectin~, rlrilliug, organizing, &c., troops for 

the United States service . · 

Mr. EDl\IUNDS. 1 make he point of order upon that. It i a 

legi lative provi ion sought to be introdnceu into this bill. . The PRESIDENT pro tempore. The Chair sustains the point of 

order. 

Mr. PRATT. What shall I understand to be the ruling of the 

Cbairf 

The PRESIDEJ\TT pro tempore. The Chair sustains the point of 

order. 

Mr. PRATT. That the amendment is in the natme of a legi~?ln,tive 

provision f 

The PRESIDENT pro tempore. Certainly. - Mr. PRATT. May I inquire of the Chair what rule prohibits that'? 

The PRESIDEN'r pro tempo·re. It it the l'Ule recently aclopted. 

The rule will be read by the Clerk. 

The Chief Clerk reacl as follows : Resolved, That during the present· session it shull be in order at any time to move a rcccs. , and, peniling an appropriation bill to move to confine del>at.e on amend- ments thereto to five minutes by any Sena.t.or on the pent ling motion, and such 

motions shall be deci<led without debate, and no amenilinent to any such bill making legi!!lati\Te provi.'3ions other than such as directly relate to the appropiiations contained in the bill shall be received. 

Mr. PRATT. Mr. President-- DISTRICT GOVER~~IE~'"T. 

1\Ir. ALLISON. I a k the Senator from Iniliana to give way until 

I make a repor . The Joint Select Committee to investigate the 

Affairs of the Di trict of Columbia, to whom was referred the Pre ident.'s mes age, received this morning, have directed me to make 

report. I a k that the report be read. 

The Chief Clerk read .as follows : • 

The J"oint Committee on the Affairs of the District of Columbia, to whom was reforred the message of the P1·esident relative to "one featrrre of t'be bill entitled an 'Act for the government of the District of Columbia, and for other purposes,' " 

report: That fue investigation ma!le by this committee disolo es the fact that much of the 

iurlebteililess proposed to be funded into tho boncl provided for was created when 

there was no adequate provision for payment ancl upon n. ba is of creilit-the con- tractors understanding at +.he time that they were to receive eviuenoes of indebt- crlness, the time of \)• yment of which was uncertain- by reason whereof these evi· deuces were depremated in value. And while there were no means whereby the 

committee could determine the matter with ab olute certainty, after giving th 

subject careful consiueration, they believe that a bomlof the character provided for 

wonld be, as a rule, fully equal in value to what tQ.e coutraotors expected to receive 

under their oonh'acts. Besides this, the funding proposerl i<~ permissive and not compulsory. The creclitors have all the security fuey hacl when the debt was created 

ancl in addition the option to accept the bonds provided for. No injustice, t,here-

;l'ore, will be done to any creditor who shall take such boncL~ in lieu of the securities be now holds. '.rhe iuea that there is anythiu" like repuuiation in the bill is a mistake. The bill doe not compel any holder of District securities to take bond!! 

for them. It merely gives him the option to do so, or to ret.ain them and receive 

payment thereof when the District may be able tQ pay. '.rhe changes malle in 

regaru t{) the District government do not di!!charge or impair it!! contracts or liabilitie . The bill, therefore, is not repudiation, nor is it unjust to any holder of the 

Di trict s curities which mav be funded under it. As to small creditors, as such 

laborers anrl o forth, the bill contemplates their payment in money. FoL" the reasons above given, and al!!o because it would be unwise in fue opinion of your committee to set au example of is uing tifty-year bonds bearil1g a higher rate of interest than 3.65 per cent., they fi.:'l:eU tbatrate in the bill; and their opinion remains unchanged. That fuere may be no misappr hPusion as to the p1edg:e of 

the United States we here repeat it in fue exact words of the bill: "Ancl the faith 

of the United States is hereby pled:;red·that the United States will, by proper proportional appropriations as contem.Plated in this act, and by causing to be levied 

UllOD the property within aid District such taxes as 'vill provide the revenues necessary to pay the interest on said bonds a the rune m.'\y become dne and payable, and create a sinking fund for the payment of the principal thereof at maturity." Your committee ask tQ be discharged from the further consiueration of themessage. -Wll..LIAM B. ALLISOX. · A. G. THURMAN. WILLIAM M. STEW ART. J". M . WILSON. LYMAN K. BASS. 

ROBERT HAMILTON. J" Y A. HUBBELL. 

HUGH J". J"EWETT. 

Mr. ALLISON. I will only add to the report that the committee 

h ave t he best reasons for stating that the President, after being made 

familiar with all the facts and circumstances, is satisfied with the 

provision in i he bill. Ur. SARGENT. That is an extraordinary statement to accompany 

tho report. I think it is rather an improper statement to make on the 

floor of the Senate. I call the Senator to order. Mr. THUID1AN. It is not out of order, I submit to my friend from 

California. It is out of order to allude to the opinions of the Honse 

of RepTe entatives or of the President to inflnence lerrisl ation; bnt 

here was a message of the President in respect to a particular feature 

in the bill-- Mr. SARGENT. Allow me, with all dne respect to the Senator from 

Ohio himself and to the Senator from I owa, to suggest that I under- toocl the Senator from I owa to state that he thought the Pre idcnt wa now satisfied that thi. bill was right, notwit.hstanding thi after- noon he sent in his veto. I thought that wa an extraordinru'Y state- mont and one that must have been intended to influence the votes 

of Senat-ors. 1r. THURM.AJ.'[. There is no vote of the Senate to be taken nor 

any veto of the bill. The PRESIDENT pro temp01:e. The messago of the President did 

not return the bill. · Mr. THURMAN: Therefore there was nothing impr oper in what 

the Senator from Iowa aid. Mr. SARGENT. Then I withdmw the remark. I mistmderstoocl 

theca ·e . The PRESIDENT pro tempore. The Chair thinks the remark was not out of order. There is no vote to be taken on the subj ect. 

MESSAGE FROM THE HOUSE. 

· A message from tho House of Representatives, by Mr. 1\IcPHEBSON, its Clerk, announced t.h::Lt the House had <lisa greed to the amendments 

of the Senate to the bill (H. R. No. 3415) to provide for the cm·o anu en tody of persons convicted in the courts of the United States who 

have or may become in ane while imprisoned, asked a confereuce on the disagreeinp: votes of the two Hou es thereon, and had appoiutc<l 

Mr. C. D. MAcDOUGALL of New York, :Mr. J omf B. RiCE of illinois, anu Mr. R. MlLTO.N SPEER of Pennsylvania, managers at the same on 

its part. 

The message further announced that the House had di agreed to the 

amendmeuts of t.he Senate to the bill (H. R. No. 99) to constitute 

Montgomery, in the State of Abbama, a port of delivery, a ked a con- ference on the disagreeiug vot-es of the two Hou es thereon, aml had 

appointed l\Ir. 0:\fA.R D. CONGER of Michigan, 1\lT. FREDERICK G. BRO:\IBERG of Alabama, an<.ll\Ir. J Al\IES T. RAPIER of Alabama, man-. 

agers at the arne on its part. The me age also announced that the House had pa cu th bill (H. 

R. No. 3772)for thereliefof J ohn D. Young, of Kentucky; iu which it 

requested the concurrence of the Sen::Lte. 'l'he message further announced that the Hou e had appointed Mr. CHARLES O'NEILL, of Pennsylvania, a manager at the ecoml confer- ence on the part of the House in place of Mx. :firu...'l1Y A. STARK- WEATHER, of Counecticut, excused, npon the bill (H. R. No. 2342) 

making appropriations for the current and contingent expeuse of the 

Indian Department, and for fulfilling treaty stipulatious wi th various Indian tribes, for the yea-r ending J une 30, 1875, and for other pmposes. SID\'DRY CIVIL APPROPRIATIOX BILL. 

The Senate, a in Committee of the Wbole, re nmed the cousideration of the bill (H. R. No. 3600) making appropriations for sundry civil expenses of the Government for the fi cal year euc1iug J une 30, 

1 i5, and for other purpo e . :Mr. PRATT. I do not wish to wrestle with the decision of the 

Chair if the Chair has examined the clause of the bill to which my 

amendment relates. · I will read it : · 

To indemnify the States for expenses incurred by them in enrolling, equipping, 

and transporting troops for the defense of t.he United States dmiug the late insurrection, $250,000. 

hlr. EDMUNDS. I wish to ask the Senator if he appeals from t he decision of the Chair I merely do it in the intere t of getting on. I 

should be very glad to hem· the Senator, but I want t o know where we 

are. 

l\Ir. PRATT. I wish to know what the decision of the Chair is after 

I have called the attention of the Chair to the appropriation to which 

my amendment relate . I think the Senator from Vermont will not 

object. Here, then, is an a,ppropriation of $250,000 for the purposr:' of 

indemnifying the States for expenses incurred in enrolling, equipping, 

and transporting troops for the defense of the United States. Now 

there is a statute in force, passed about a year since, that the account- ing officers of the Tre':l ury construe to amount to a po it.h·e bar again t 

the tates prosecuting claims agvjnst the General Government after 

the 30th day of this 11re. ent month. This amendment recites the law. It wa a part of the legislative approyriation bill a year ago. It reads 

as follows : That no claims against the United States for collecting, drilling, or organizing 

volunteers for the war of the rebellion shall be audited or paitl unless presented be- fore the end of the fiscal year ending J" une 30, 187 4. 

The accounting officers of the Treasury are disposed to construe that as including the States who hold snch claims . as these aga.inst the 

General Government. Now, you perceive that if thi law be suscepti- ble of such a construction, the appropriation which I have just re-
5274 CONGRESSIONAL RECORD. JUJYE 20, 

cited here is vain, because upon the 30th of June this bar immediately takes eftect prohibiting the accounting officers of the Treasm'y 

from examining these claims. Therefore it does seem to me that this 

amendment is in aid of this appropriation. It seeks to remove a Lar 

to this appropriation being carried out. I respectfully submit these reasons to the Chair why its decision should not stand. I do not wish 

to prosecute an appeal, of course. 'lhe PRESIDENT pro tempore. The Chair has listened to theremarks of the Senator out of respect to his opinion and reconsidered 

the que 'tion, but the Chair is still of opinion that this is clearly a matter of legislation. It does not give any different direction to the 

$250,000 appropriated, but it repeals an independent provision of a former statute. That must be legislation in the opinion of the Chair, 

and must be out of order under this very strict rule which requires 

that the amendment hall "directly relate" to the appropriations in 

the bill. 

Ir. PRATT. I shonltl hope there might be unanimous consent that 

this amendment might be ingrafted on the bill. :.1\Ir. EDMUNDS. I would agree to give unanimous consent but 

t.hat I think the appropriation ought to be stmck out altogether. Here we are, ten years after the war has enued, providing for paying 

States for equipping and drilling troops. 

Mr. MITCHELL. I arise to a point of order that there is nothing 

before the Senate. 11Ir. EDMUNDS. The bill is before the Senate. I have not the 

least objection to the Senator from Oregon offering an amendment as I see he desires to do; but I do not propose to be taken off my feet on a point of order when we have the bill up. Now I take my seat. 

Mr. PRATT. I believe the statute of limitations did not run against a New England State though the claim originated in 1812. 

l\fr. MITCHELL. I offer the following amendment '·which I am authorized to offer by two committees, the Committee on Approprin,.. 

tions and the Committee on filitary Affairs. On page 25, after line 

G9 , insert: 

For this amotmt, or o much thereof as may be required to meet certain indebt.. 

edness on account of the Inilian service at the Mallieur reservation, in Oregon, uuring the fiscal year ending .June 30, 1874, • 16,145. 

Mr. EDMUNDS. I shoulu like to hea.r that expl::tined, reserving 

the point of order upon it. 

lr. :MITCHELL. I will sta.te for the benefit of the Senator from 

Vermont that at the time the deficiency bill was under consideration, in consequence of a mistake in ·the Interior Department no estimate for this had come in, though the reservation hau been set apart. 

After that. the mistake was discovered, and·the Secretary of the InteTior ent letters to the chairman of the Committee on Indian Affairs 

stating the fact of the deficiency and also the reasons why it was not 

included in the deficiency estimates and urging upon the chairman 

of the Committee on Indian Affairs that it be insertecl in this bill . ~Ir. EDMUNDS. Who wrote the letter 

1r. MITCHELL. The Commissioner of Inili::m Affairs, indorsed 

by the Secreta.ry of the Interior. Mr. EDM:.U DS. \Vha.t is this "certain inuebtedness" mentioned 

in the amendment¥ What is it for¥ Whom is it owing to~ 

Mr. MITCHELL. It is owing to different parties. These debts were incurred by the agent at the Malheur re ervation; they are of 

the same character a othor deficiencies that were included in the 

deficiency bill. .. Mr. EDMUNDS. It is to provide for the payment of private claims. 

The Senator sayR here are various people who have debts against this 

ngency; therefore the amendment is evidently not in order. We ought 

not to consider it now. Mr. :MITCHELL. It is not a private claim, as I understand, by any 

la.w. 

lllr. EDMUNDS. The Senator has sta.ted frankly- and as he is a gentleman he would of course be frank- that here are certain debts 

incurred by an Indian agent to private per onsfor this, that, and the 

other, and he wants to have those debts paid. 

Mr. MITCHELL. This simply provides that this amount shall be 

appropriated and placed at the disposal of that agent. Mr. EDl\fUNDS. Certainly; "to pay certain indebtedness." . Mr. MITCHELL. That is it exactly. 

1\fr. EDl\IUNDS. It is "to pn>vide," in -the very language of the 

rule, "for the payment of a private claim." Now let me hear the 

lett.er. · :Mr. MITCHELL. The letter is iu possession of the chairman of 

the Committee on Appropriations. 1r. l\10RRILL, of Maine. Then the chairman of the committee can att.end to it. 

The PRESIDENT p1·o tempore. The amendment is clearly out of 

order, in the opinion of the Chair. 1\Ir. MITCHELL. I now oft·er the following amendment : 

For the necessary expenses of the land office at the Dalles, Oregon: For salaries 

and commissions of the register and the receiver for the fiscal year eniling J una 30, 

1875, 0.,000; and for incidental expenses of said officers, $1,000. 

Mr. EDMUNDS. Where is the estimate for that¥ 

1\!r. MORRILL, of Maine. I think that is allowable. It is to l)rovide for an office created by law at this session. Mr. E DMUNDS. All right. 

The amendment was agreed to. 

1\Ir. MITCHELL. I offer a.nother amendment, to come in on page 46, after line 1122: 

For the construction of a range-light on Sanu IslanJ, at tho mouth of Columbia 

River, Oregon, 25,000. 

For a fog-signal on Sand Island, at the month of Columbia rJ.ver, 10,000. 

:ur. MORRILL, of Jaine. I do not know wha.t to say n,bout that. lli. l\llTCHELL. I hold in rny hand a. letter from the cha.irman of 

the Light-House Boaru. 

l\Ir. IORRILL, of :Maine. I want to hear it explnineu. The PRESIDENT pro tempore. The que tion is on the amendment. Tho e in fa.vor--

fr. ED~lUNDS. I do not intend that tbi amcudm nt shall be 

adopted without om under tanding it. 

The PRESIDENT pro tempore. The Chair has no alternative but 

to put the question. 

l\Ir. ED~lU~ DS. And the Senator from Vermont lla no alternative but to get up anti address the Chair. Now I a k the Sena.tor from 01:egon,. beca.u~e I am inter~sted, as repre enting certain taxpayer , rn this q uestiou as well as the Senator in charO'e of this bill 

to tell us wh~re his authority is for this amendment, what committe~ has reported 1t, what reference ha been made of it to the Committee on 4-ppropriations, what their judgment is upon it, and what estimate 

of the head of a. Department, according to the rule, i the authority for this proposition. 

l\Ir. 1\ll'L'CHELL. I will tat that this improvement wa petitioned. 

for very largely by all the mariners along tho line of this river. The 

petition was ent to the Secretary of the Treasury with a letter writt en by myself asking a recommendation from the Light-House Board. 

The letter and petition were referred to the Light-House Board. At 

the same time or about t!Je arne time I pre en ted this amendment to 

be. o~erecl to this bill, aml it was referred t? the Committee on-Appropnatlon . I understood that I was authonzed by that committee to 

o:ffi r the amendment. I have a. letter in my de k from the chairman 

of the Light-Ron e Boar~ trongly recommending the a.ppropriation. 

1\fr. l\IORRILL of 1arn . I understand the Senator has sent a proposed amendment to the Committee on Appropriat ion . He O'aYe us notice of his intention to offer his amendment on this bill. Here 

[exhibiting a bundle of papers] is a large packa.cre of such amemlment , amountin O' to one hundred perhaps in a.lf. The com'se the 

committee arc obllged to ta.ke on these questions I may sta.te- a.ntl 

that will explain to the Senator the action of the committee in this 

particular- is this : where amendments are accompanied with such 

pa.pers as enable the committee to form a judgment, we pa s upon 

them; where they are not, we leave tho e who submit them to make 

out their case in the Senate. The Senator has got the documents on which he relies. He is at liberty to move his amomlmcnt h ere and 

support it as he can from the documents he hru . 

Mr.l\IORRILL, of Vermont. It seems to me that the Senator from 

Oregon has done all that he could be required to 'do in this ca e. He 

ha the recommendation of the Secretary <>f the Treasury. · l\lr. EDMUND$. Let us hear it read. l\Ir. MORRILL, of Maine. Let the letter be sent to the Chair and 

read. · 

l\Ir. ED::\IUNDS. I want to hear the authority reau, because I intend that the Secretary of the Treasury shall be responsible for this 

appropriation if it is made. It may be perfectly right, and I am sun~ 

the Senator from Oregon will not misunder tand me when I wi h to 

h.'"D.ow that the executive department of the Government is re l>Onsible for this being put into the bill. When I ascertain tha.t, then it 

may make a difference with my opinion upon the subject. If the Senator will be kind enough to send the estimate of the head of the Department recommending this appropriation to the de k that it may be 

read to us, then we shall know that the Department is responsible. 

Mr. MITCHELL. I ha.ve here all the correspondence, antl I send it 

to the desk to be read. 

The PRESIDENT p1·o tempore. The papers will he rea.u if there be no objection. The Secretary rcau a follows : U~TI'ED STATR SE"YATE CHA.lffiER, 

TVashingto11, J une 8, 1 74. 

DEAR Sm: I desire to call your special attention to a matter connected with the commerce of the Columbia Ri.-er, Oregon, with a. view of procw:ing from you a recommendation for an appropriation at the present e ion of Congress for the con- struction of a range-light and fog-signal on San<llsland n ear the mouth of the Columbia. It is a fact which of course bas not escaped the attention of your department, 

that the c.ommerce of the Columbia. River has within the past few years increasetl 

with a rapidity that has boon both wonderful and gratifying. 

The great agricultural productions of Oregon, especially wheat, have attracted 

European shlps to the ports of Portland and Astoria in scores. ~early three hunch-ed 

vessels entered the month of the Columbia. from the ocean la. t year. As this com- merce has gradually increased and as delays and disasters multiply, the necessary facilities for the protection of that commerce became apparent. 

Having a personal acquaintance with·most of the sea-farin~ men engaged in that 

trade, I lia.ve during the past year endea.-ored to inform myself a to their opinittn as to any further aids necessary, and I find that but one opinion exists both among those engaged in navigating these waters and citizens who have for years residetl near the Columbia in Oreaon and Washington Territory, and that istbatamongthe improvements imperativeiy demanded is a range-lightandfog-signalon Sand Island, 

and it is asserted confidently that· by reason solely of the absence of these aids 

steamships from San Francisco are frequently delayed at sea from twelve to fi.ftoon 

hours. 

Inclosed I transmit a petition signed by all the leading citizens of .Astoria and 

vicinity, including the collector of the port, praying an appropriation for this purpose. 'I therefore respectfully urge that a recommendation from your department 
1874. CONGRESSIONAL RECORD. 5275. ' . 

may be given in favor of an appro.Priation at the pre. ent session of Congres for the 

construction of a suitable range-light and fog-sirnal at the port above designated. l:;honld you make the recommendation, please state the amount nece sary for such 

put1)0 e. Ancl as the appropriation bill will soon come up for consideration in the ' enate, I will be gratified with an early reply. • 

Respectfully, J. II. MITCHELL. 

G n. A. A. HmiPHREYS, 

Ohief of Engineers, United States· Army. 

Ir. WEST. With all due respect to the Senator from Oregon, we 

want a. communication from the authoritative head of a. Department 

and not from the Senator. 

Ir. MITCHELL. I desire to have the whole correspondence read ns it was called for, so that the matter may be understood. 

The ecrotary 'read a.s follows : 

TREASURY DEPARTI!E..."TI', OFFICE OF THE LIGHT-HOUSE BOARD, 

Washington, June, 20, 1874. 

rn: I have the honor to transmit a. petition of certain citizens for a light. on Sand 

l Rland, Oregon, which has been forwarded to the board by Ron. J. H: MITcHELL, 

uited tates Senator, and to request that yon, as chairman of the committee on lighting, will report upon it as early as possible, that Mr. 1\frrCHELL may .be notified 

without delay. It was intended to bring this matter up before the board at its session on the 17th 

instant, but time did not permit. The inclosures are as ft•llows, and their return is respectfully asked: 

1. Letter of Ron. J. H. MITCHELL, UuiteU States Senator, dated .JuneS, 1874, transmitting 2. Petition. 

Very respectfully, 

C. P. PATI'ERSON, Esq,, Chairman Oomm~ittee on Lighting. 

PETER C. HAThTES, 

Engineer Secretary. 

OFFICE OF LIGHT-HOUSE BOARD, 

1Vashington, June 20, 1874. 

Sm: The com1uittee on lighting, to whom was referred the letter of Ron. J. H. 

MrrclillLL, United States Senator, and petition of anum ber of citizens of Oreaonfor a range-light and fog-s~~1 on Sand Island, at the entrance of the Columbia River, 

be.s; leave to report mat they have carefully considered the matter and urgently r ecommend that an application may be made to Congress for the necessary appropriation for the erection of the e safe..,.uards to the great and constantly increasing comm rce of the Columbia River. 'il'he amount required for the range-light is ~20,000, and for the fog steam-signal $10,000, making a total of $30,000. 

V ry re pectfully, . C. P. PATTERSON, 

rrof s~or .JO EPH ~Y, 

Ohai1'Tnan Committee on Lighting. 

Chairman Light-House Board, Washington. 

Mr. WEST. There is no measure that I woul<l be more inclined to O.S$i t than anything that would promote the safety and security of 

t.he tr::tnsit of the bar ofthe Columbia. River, having some knowledge of 

t.he difiiculties there; but the Senate is now about to depart from a rule that shuts out in a great many instances other appropriations, 

and has in the consideration of this bill before the committee excluded 

variou recommendations; and that is the rule that a recommendation 

to be entertained either by the Senate or by its committee must r c ive the indorsement of the chief of the Departme~t. 

Mr. EDMUNDS. "He:id" is the language of the rule. 

Mr. WEST. This recommendation does not come from the Trea - my Department, supervising the Light-Hou e Board, nor does it come fTom the ~ecretary ofW ar, controlling the Engineer Corps. It is not in 

order. I <lo not specifically object to this, but I will state to the 

Senator and to 'the Senate that amendments which I have proposed 

have been rejected on that ground, and in order to be consistent the 

ena.te cannot entertain tblli. Mr. GORDON. I offer an amendment. 

Mr. :MITCHELL. What disposition has been made of my amendm nt 

Mr. EDMUNDS. The Senator from Louisiana rai'3es the question 

of order that it does not fall within the rule. 

The PRESIDING OFFICER, (~Ir. ANTHONY in the chair.) The 

Chair understands that the letter which has been read is not from 

the head of a Department nor trau mit.ted through the head of a Department. The Chair therefore thinks the amendment is not in 

order. 

1\Ir. GORDON. I offer the following amendment to come in on page 

G6, after line 615 : 

Tba.t the act entitled "An act for the erection of a public building for the use of 

the United States in Atlanta; Georgia," approved :February 12, 1 73, be, and the same is hereby, amended so that the sum of money authorized to be expended in 

the constructlon of said building is fixed at the sum of $250,000. 

The m-atter has been referred inforin,ally to the committee. I had 

not time to refer it regularly, becau e a. bill for this purpose was only 

pa ed ye terday by the Hou e on the recommend3.tion of the Secretary of the Trea ury. Everybody understands it I believe. 

The amendment was agreed to. 

1\lr. ALLISON. I offer the following amendment : 

For payment for subsistence of the Arickarees, Gros Ventres, and Mandans, 

during the fiscal yen.r ending .June 30,1874, -18,193.76, or so much thereof a-s may be nece sary. 

Mr. ED~IUNDS. What is that Y What committee reported it f 

Mr. ALLISQN. Is there anythin~ in the names that is remarkable f 

Mr. EDMUNDS. I make the pomt of order that the amendment 

does not come within any one of the phrases allowed by the rule. It 

is not reported from a committee, so far as we know. It has not been 

referred to the Committee on Appropriations, so far as we know. It 

is not to carry out the provisions of any existing law, so far as we know. It is not recommended bytheheadof anyDepartment, a far as we know. These are a few of the :first points of order that I have 

to make. [Laughter.] ~Ir . .ALLISON. If the Senator from Vermont will allow me one 

moment, I will state, in the :first place, that it has not been recom- mended by any head of a Department nor has it been reported from 

any committee. The PRESIDING OFFICER. The Chair th.i.llks it i out of order. Mr . .ALLISON. Nevertheless it i an expenditure that has been 

honestly and fairly incurred, and it ought to be paid. I have several 

documents showing that fact. I desire to present H. Gentlemen may 

hugh these matters down, but I de ire to present it in the interet of 

two con tituents of mine who have expended this money. 

Mr. EDMUNDS. Then it is a private claim in audition. That is 

another point of order, for which I am obliged to the Senator. Mr . .ALLISON. Having discharged my duty in that regard, the 

amendment being ruled out of order, I have nothing more to ay. 

Mr. FLANAGAN. On page 51, a.t the end of line 1250, I move to 

insert the following : 

That the sum of $100,000 for the construction of depot buildings, including shops, 

offices, and commissary and quartermaster's store-rooms at San Antonia, Texas, 

appropriated by an act approved March 3, 1873, be, and the same is hereby, con- tinued and made available for the fiscal year 1875. 

I suppose there is no objection to that. 

Mr. MORRILL, of Maine. I should like to hear some explanation 

of it. . ~Ir. EDMUNDS. I wish to reserve all points of order. 

Mr. ALLISON. I must also reserve all points of order on every 

amendment now. Mr.'FLANAG.A.....~. I have here as a basis the law pas ed March 3, 

1873, making this appropriation in accordance with the recommendation of the chief quartermaster located at San .Antonio and with the 

indor ement of General Sherman upon it, on which this act was en- acted. The money has not up to this time been used, and we ought 

to have the privilege of using it the pre ent year. The amendment was regularly presented to the Committee on AppropriationH, and it 

is to carry out the law. The PRESIDING OFFICER. The Chair thinks the amendment 

is not in order. It does not seem to be recommended by the head of 

any Department. 

Mr. FLANAGAN. I was told there would be no objection if it was recommended by General Sherman, and it is the law now. The PRESIDING OFFICER. Doe the Senator appeal from the 

decision of the Chair 'I 

1\Ir. FLANAGAN. I was told there would be no objection to it by one of the committee. I could not make them report. [Laughter.] 

The PRESIDING OFFICER. The amendment is out of order. ~Ir. CLAYTON. I offer the following amendment, to in rt at the 

end of that part of the bill relating to the 'V ar Department, ou page 5J: 

That the Secretary of War shall gr-ant traue permits at any military po t to anv yerson applying for the same who shallgi.ve bonu in tlle stun of 6500,000 that he will 

comply With the rules and regulations of the War Department governing traderships; and the sum of twent1-five dollars for blanks, or so much thereof a may be 

necessary, is hereby appropnated to carry this provision into effect. 

l'lfr. EDMUNDS. That is new legislation. 

The PRESIDING OFFICER. I t is out of order, in the opinion of 

the Chair. 

1\Ir. SCOTT. I am authorized by the Committee on Finance to propose the following amendment, of which due notictl wa given ::uul 

which was referred to the Committee on Appropriations: 

That hereafterthecompensationofthe A sista.nt Secretaries of the Treasnry, the 

Solicitor of the Treasury, and the Commi sioner of Customs shall be each· 4,500 

per annum; and a sum sufficient to pay the amount of increase in tb salaries i. hereby appropriated. 

:Mr. EDMUNDS. I reserve all point of order on that amendment. 

Mr. SCOTT. No point of order ha been made. Two of the office 

named in the amendment are now vacant. The new Secretary of the 

Treasury is very anxious that he hall be able to offer such compensation a will secure to him, if not the best, very good services in both 

those offices, the Solicitor of the Treasury and the Assistant Secretary 

of the Treasury. As to the Commissioner of Customs, since the new Secretary of the Treasury has as umed his office he has transferre<l 

to the head of that Bureau what was perhaps almost a Bureau itself, 

the special agency service of the Department. 

1\Ir. EDMUNDS. It always belonged to that Bureau. 

Mr. SCOTT. The head of that special :1gency service received 

3,500 a year him elf, while the Commissioner of Customs- received 

3,000 salary. It is now propo ed to raise his salary to $4,500. I may 

state without any impropriety that it is very much desired by tho 

Secretary of the Treasury that this amendment should prevaiL ~Ir. EDMUNDS. I rise to make a parliamentary inquiry. I have 

not charge of this bill, but I merely rise in order to keep my elf informed of the state of legislation. I wish to inquire of the Chair 

whether, if I will re erve ali points of order on this amendmeut, it will 

be open to a point of order when the bill gets into the Senate, or whether the point of order wonld be foreclosed'? We are now in 

CQIIlmittee of the Whole. If this amendment be :tdopted subject to 

the points of order, if I can reserve them so that I can insi t upon 

them when we come into the Senate if I choose, I shall not object. 
5276 CONGRESSIONAL RECORD. JUNE 20, 

If not, I insist on their being decided now. If the Chair holds that 

if this amendment be adopted. in committee no point of order can be 

made upon it in the Senate, I wish to understand it. 

The PRESIDING OFFICER. The Chair thinks the point of order 

must be raised now, if at all. 

Mr. EDl\IUNDS. Then I make the point of order. l\Iy point of 

order is that this is new legislation. . The PRESIDING OFFICER. The Chair sustains the point of 

order. 

1\fr. SHERMAN. I believe myself tha.t if the point of order is insisted on, thi being new le¢slation, a change of the existing law 

fixing the salaries of the e officers, the amendment must be ruled out 

nnder the rule; but I submit to the discretion of the Senator from 

Vermont, and all Senators, whether under the circumstances, as a new Secretary has come into the Department, finding two offices 

vacant, we-- 1\fr. EDMUNDS. I do not want to interrupt the Senator, but un- less he appeals, I want to get on with this bill and get it out of com- mittee. The Senator can offer the amendment in the Senate just as well, and then we can consider how it is going to operate, and go on with the bill now. Mr. SHERMAN. I must confess that the point of order is well 

taken if it be in isted upon. 

Mr. EDMUNDS. I do not know that I shall insist upon it when we get into the Senate, but in order to have time for consideration I 

must insist upon it now. I merely want to think of it for a little. 

l\lr. SHERMAN. I shall not object to that. The PRESIDING Ol!'FICER. The amendment is ruled out. 

Mr. SCOTT. I now offer the following amendment, of which I 

gave notice and had it referred to the Committee on Appropriat~ons : 

To pay the Alleghllll.VValley Railroa-d Company the balance due t.hem for trans- portation of the mails for the fi.sC:J.l year ending .Tune 30, 1869, 7,232.75. 

1\lr. ED:~IUNDS. I hould like to have that expla.ined. 

Mr. SCOTT. I will end to the Chair and have read a letter from 

the Department, which shows that this balance wru; due to the com- pany upon their tated account, that they did not call for it, and 

under the act of 1870 it was covered into the Treasury. The PRESIDING OFFICER. The letter will be read. 

The Secretary read as follows : 

0FFICF. OF THE AUDITOU OF THE TREASURY 

FOR TllE Po. T-0FFICE DEPARTllEXT, 

Wa.shington, D. 0., May 18, 1874. 

Sm: In replY. to your of the 15th instant, I have to state that there is due t.he 

...llleghany Railroad Company, on account of ervice performed in 1868 and 1869, the sum of 7,232, 75. This amount cannot be p:l.i.tl until an appropriation is made by 

Congress under the provisions of the act of .Tuly 12, 1870. Respectfully, yours, 

Hon . .ToRN ScoTT, United States Senate. 

.T • .T. MARTIN, Auditor. 

.l\Ir. EDMUNDS. I mn.ke the point of order that this is to provide 

for a private claim. 

The PRESIDING OFFICER. The point of order is well taken in 

t.he opinion of the Chair. 1lfr. SCOTT. Allow me to state to the Chair what the nature of the 

claim is. A contract was made in pursuance of law by the Postmaster-General for carrying the mails upon this railroad. I have in my 

han<l the account stated with the compa,ny, showing that this 1.>al- ance was due, if called for, but it was not called for at that time; 

and I clo not see by what other process the money is to be had but 

by an appropriatiou. 

11Ir. EDMUNDS. Neither do I; but I understand that when other 

citizens have claims on the Government of the United States they :file 

thell- petition, or some repre entative of theirs brings in a bill, which 

goes to the committee of which my honorable friend i the chairman, 

ancl they consider the justice of that claim and report upon it by bill. 

Now this claim may be perfectly just; I have no reason to donbt it; 

I know nothing about it; but we have stood upon the ground that 

the e appropriation bills were to carry out the provisions of law for 

carrying on the Government, and the rules have provided expressly 

that private claims should not be put upon them. I am sorry to say 

that this bill, in spite of all that can have been done, was pretty well 

loaded as it came from the House. of Representatives with private 

claims already; but I do not think the Senate ought to follow the 

evil example of loadin~ up a miscellaneou appropriation bill as you 

would load up an omnious by providing for every person who has a privn.te claim when you do not get the distinct report of a committee 

upon it by itself, instead of putting it into a condition where every- body is tempted to log-roll a bill through because his particular con- stituent has got an interest in it. That mischief the rule was intended 

to defeat and provide against; and I submit to my honorable friend 

whether iti. right to pre s amendments of this character upon an 

appropriation bill I of course have no hostility to this company; the 

Sena,tor know tha,t; but I submit to him, as the chief of our Committee on Claim and as a member of the Committee on Finance, 

whether it is not best to stand by the rule and keep this bill as free as we can, becau perhaps we carmot control the House of Representatives on matt rs of this character. I sa,y this without express- · i.ng the ·slightest opinion adveTSe to the claim of this particular 

company. . • Mr. SCOTT. I agree to the force of all the Senator from Vermont 

states in reference to what are strictly private claims which come 

her e unestablished by the ordinary evidence from the Department ; 

but I conceived when thi was ent to me in this form that it came within the rule, in he :first place being for tbe purpose of carrying 

out an existing law; in the second place in pursuance of the a.cknowledgment of the bead of a Department that it is due and all that it 

needs is an appropriation. Mr. ED~DS. It is not from the head of the Department, the 

Postmaster-General; nor i~ the Secretary of the Tr asury responsible 

for this letter. It is the letter of a Bureau officer. 

Mr. SCOTT. It is from that officer who baa control of the accounts 

of the Po t-O.ffice Department. I do not wish to ill cuss the point nor appeal from the decision of the Chair, a I do not wi h to take 

up time. . Mr. ALLISON. The Chair has ruled it out of order. Mr. UERRllfON. I offer the following amendment : 

For paying the sum of 8,596. 98 to the Wilmington ancl Mnnchester Railroad Com. pany Ior mail service rendered previous to the late war. 

Mr. ED~fUNDS. I make the point of order that that is a private 

claim. 

The PRESIDING OFFICER. The point of order is well taken. Mr. MERRIMO:N. I call attention-- The PRESIDll~G OFFICER. Does the Senator appeal from the 

decision of the Chairf · 

Mr.l\IERRIMO:N. I do not; but I wish to call the attention of the 

Chair to the rule. 

The PRESIDING OFFICER. The Chair will listen to the Senator 

from North Carolina. • 

1lfr. l\IERRil\lON. The last clause of the thirtieth rule is in these 

words: 

And no amendment shall be received whose object i to provide for a. private 

claim unless it be to carr out the provisions of an exi ting law or a. treaty stipu- lation. 

There wa an existing law at the time this ervice was rendered, a general law authorizing contract to be made and i..he ervice to be 

rendered. 

Mr. ED:llUNDS. That has been ruled so many times, tliat the "existing law" understood by this rule as one which declares that a par- ticular person is entitled to have a particular sum paid to himJ that 

I need not spend time to counteract that proposition. 

The PRESIDING OFFICER. Does the Senator from "North Carolina appeal from the deci ion of the Chair t 

Mr. fERRlliON. Does the Chair rule against the amendment 'I 

The PRESIDING OFFICER. Yes, sir . 

Mr. FLA.l~AGAJ.~. I offer the following amendment, to come in on page 1 , after line 416 : 

The Secretary of the Senate is hereby authorized to pay to the page of the VicePresident three dollars per day. 

Mr. EDMUNDS. How much is paid to the other pages 'I 

Mr. MORRILL, of Maine. They were formerly paid three dollars a da.y; they are paid 2.50 now. 

1\'ll.. ED::\IUNDS. Why pay this page three dollars Y 

l\Ir. MORRILL, of Maine. Mr. Pre ident--

1\fr. EDl\illiDS. · I leave it to the chairm:m of the committee to say 

whether he will make the distinction. 

Mr. 1\lORRlLL, of :Maine. I believe the rea on submitted to the 

committee -n·as this : He is the page of the Vice-President; the VicePresident does not hold a ession, and we do. Ho i ther fore, I suppose, regarded as being in continuing service, while the young gentlemen who wait upon ns here do "it while we are in se sion and then 

disappear. That,.! suppose, is the whole argument. It is submitted 

to the judgment of the Senate. · Mr. EDMUNDS. That will not do. 

Mr. CONOVER. Is he not also a page of the Senate i 

11fr. MORRILL, of Maine. No. 

Tbe PRESIDING OFFICER. The question is on the amen<lment. The amendment wa rejected. 

Mr. SPRAGUE. By the reqne t of the Senator from Delaware 

[l\Ir. BAYARD] I offer the following amendment, to como in on page 

66, after line 1626 : 

For furniture, books, and paper-ca es, gas-fixtures, carpets, and Illil.ts for the 

United States court-room and clerk's office, Wilmington, Delaware, ,000. 

:M:r. ED::\fUNDS. I make the point of order that that amendment · ha not been reported from any committee antl it h~l no ... been referred 

to the Committee on Appropriations and it i not in pur uance of a.n estimate of any head of Department. 

l\ir. MORRILL, of Maine. I do not k.now how that i . 

The PRESIDING OFFICER. The point of order is well taken. Mr. SPRAGUE. I withdraw the amendment. The hill was reported to the Senate as amended. 

The PRESIDING OFFICER. Will the Senate concur in the amend- ments made as in Committee of the Whole Y 

Mr. ED:JIUNDS. I r serve them all. l\fr. BOGY. There is one amendment which is re erved particularly. The PRESIDING OFFICER. The Senator from Vermont re erves all the a.mendments. 

Mr. ED~fUNDS. I want to see 'vhat they are. We have not tried 

this bill yet. It is full of improper items, and I say it with some sor- row. 

The PRESIDING OFFrcER. The question will be taken on the 
1874. CONGRESSIONAL RECORD. 5277 

amendments made as in Committee of the Whole separately. The 

nrst amendment will be read. 

.Mr. EDMUNDS. I have no objection to the first amendment on the second page, so far as I see. I do not know whether Senators 

ha;ye, but we have gone so fast ·with this bill that I have not been 

able to keep the run of it. . .Mr . .MORRILL, of .Mallie. The Senator has not been here all the 

time. Mr. ED~1UNDS. No : but the Senator will excu e me if I have 

not; I have been performing other duties, and I think the Senator 

will admit that I have given my devoted assistance to his brilliant 

leatl in support of this bill. 

Mr. MORRILL, of Maine. The Senator has been very useful; . but 

his criticism about this bill beiug full of improper things is a little 

gratuitous. . Mr. ED~fUNDS. I do not charge anything for it. 

The PRESIDING OFFICER. The first amendment ma-de as in 

Committee of the Whole will be considered a concurred in. The 

second amendment will be reported. 

.Mr. EDMUNDS. I have no objection to that; 

The PRESIDING OFFICER. That amendment will be considered as concurred in. The next amendment will be read. The CHIEF CLERK. The next amendment is on page 4, line 70. 

Mr. EDMUND . I h<Lve no oujection to that myself. 

The PRESIDING OFFICER. The amendment will be considered as concurred in. The next amendment made as in Committee of the 

Whole will be read . . The CHIEF CLERK. The next amendment is on page 5, after line 

108, to insert : For the following clerks in the office of the Comptroller of the Currency: two cl rk of cla s three, two cl rks of cla.ss one, nine female clerks, and for extra com .. pensa.tion to four heads of divisions, ...,400--$16,100. 

Mr. EDMUNDS. Is that an increase of the existing force, may I ask 

1r. SHERMAN. That is an amendment I offered. It is required 

by the currency act approved b! the President. 

Mr. ED~1UNDS. The new bill 7 

Mr. SHERMAN. Yes, sir. :Mr. EDMUNDS. I have no objection. 

The amendment wa concurred in. 

The next amendment made as in Committee of the Whole wa-s on page 6, to in ert the following clause from line 113 to 124: 

For the purchase of an engine and machinery, and for the erection and expenses incident to its operation, for the maceration of national-bank notes, United tates note , and other obligations of the UniteuStates authorized to be destroyed, 10,000; 

and that all such i sues hereafter ue troyed may be destroy d by maceration instead 

of burning t{) a he , a.s now provided by law; and that so much of sections 24 and 43 of the national-currency act as requires national-bank note . to be bm·ned :to 

ashes i hereby repealeu; that the pulp from such macerated 1ssue shall be dls- po ed of only under the direction of the Secretary of the Trea.sury. 

Mr. ED~fUNDS. I have no objectio-n. The amendment was concurred in. The PRESIDING OFFICER. The next amendment will be read. 

The CHIEF CLERK. The next amendment made as in Committee 

of the Whole is on page 9, line 188, to reduce the appropriation "for 

continuing the collection of statistics of mines ~d mining" fro~ 

15,000 to 10,000. 

The amendment was concurred in. The next amendment was in line 206, after the name "F. V. Hay- den," to insert "to continue the work westward toward the Green and 

Colorado Rivers, 75,000;" and after the name" J. W. Powell," in line 

20 , to insert "in Utah, 15,000," and at the end of the clause to insert 

the worlis "ill all" before "ninety;" so as to make the clan:se read: 

For the continuation of the geolo0-cal and geographical survey of the Territories 

of the United States by F. V. Hayden, to continuo the work westwaru toward the 

Green and Colomdo Rivers, 75,000; and J. W . Powell, in Utah, .~15,000, ·under the 

dir·ection of the Secretary of the Interior, during the fiscal year emling June 30, 

1875, in all 90,000. 

The amendment was concurred in. The next amendment was on page 11, after line 249, to insert: 

That the salary of the special policeman in the office of the Secretary of the 

Senate shall hereafter be 1,296; and a sum sufficient ·to pay the same is hereby 

appropriated. 

Mr. EDMUNDS. 'What is the salary of the other policemen f 

Mr. MORRILL, of Maine: Over 1,400. 

1\lr. EDMUNDS. Why is thi distinction made f :Mr. MORRILL, of Maine. He .has a special duty confined to the 

Secretary's office. Mr. EDMUNDS. I thi an additional officer f 

Mr. MORRILL, of Maine. 0, no. The amendment was concurred in. The next amendment made as in Committee of the Whole was in 

line 254, page 11, to strike ou~ the words: 

And for amount already expended by the Sergeant-at-Arms for postage-stamps, 

$250. -

The amendment was concurred in. 

The next amendment was after line 303, to insert : 

For the erection of an e11ue trian statue to Nathanael Greene, in conformit:vwith a resolution of Cong-ress passed Au.a"Ust 8, 1786. $40,000; and one member o:£ each House of Congre. , to be d.ppuintecl by the presiding officer of each House respect- ively. autl Georgu \V~~.>~hiu~-.rton Greene, of Rhotle Isl.and, be, and they are thereby, appointed a commi sim1 to contract for the same. 

The :::.mcuili.ucnt was coucurred in. 

The next amendment was after line 31fto insert : 

To enable the Joint Committee on the Library to purchase such works of urt for 

ornamenting the Capitol as may be ordere~ and approved, 10,000. 

The amendment was concurred in. The next amendment was after line 314 to insert : 

To enable the Librarian of Congress-t{) employ two a sistants, in connection with 

the work of -the copyright department, and in preparing a complete index of sub- jects to the documents and debates of Congress, a.t n,600 ea{lh, S3,200. And t.he 

Librarian is herelJy charged with the work of preparing such an index, under the 

supervision of the Joint Committee on the Library; and he is hereby authoriz d aml required to C{)mplete the two sets of conJVCssional documents reqmretl b.v exi t- ing law to be deposited in the Library of Congress, anrl which were partially clestroyed by fire; anu to this end he ma:v make req nisition upon the Secretary of the 

Interior. m c~~e of the rescr\e of pulllic uocuments; and. such volumes as cannot be supplied by t:.ne Interior Department may be transferred to the Library of Con- gres from the document.· in charge of the Secretary of the Senate and of the Clerk 

of the Honse of Representatives, tlie LilJrarian of Congress giving a receipt therefor . 

The amendment was concurred in. The next amendment was after line 332 to insert : 

For nece sar:y re airs of the telegraph line connecting the Capitol and the Execu- tive Departments, 1,000 . 

The amendment was concurred in. 

The next amendment was after line 335 to in ert : 

To enable the Secretary of the Treasury to pay D. L. Phillips, late United States 

marshal of illinois, for counsel fees and e:J..-penses incurred in executing the habeas corpus act, the accounts of which have been pas ed by the proper accounting offi- cers of the Treasury, $476.53. 

1\Ir. ED~fUNDS. I should like to have the chairman of the com- mittee tell ns something about that. We have investigated various 

claims of a similaT character in the Comruittee on the Judiciary, who ot1ght to investigate these questions, aud have reported to the Senate 

very stringently upon them, and· have always been sustained. Very 

likely the chairman of the Committee on Appropriations can tell us wllat there is about this par•-icular law-officer of the Government 

which entitles him to be paid for counsel fees that he has expended. I think it my duty to ask for an explanation. Mr. MORRILL, of Maine. The explanation is what i substantially 

stated in .the text of the runendment. This man had charges for the 

service mentioned, which were audited by the accounting officers of 

the Treasury; and this is for the balance of the account thus stated. Mr. ED~fUNDS. This is very extraordinary. We have providctl 

for the Department o.f Justice appropriations reguhtrly every year aml 

have provided for all the deficiencies that have been asked for. Now 

there is something about this claim which doe not authorize it t.o be 

paid either out of the reguJar appropriation or the denciencie which we ought to understand. It may be perfectly just; bu~ I submit to 

the Senate that it is not right to other people similarly situated or right to the public interests to pass private claims of this character 

unless we understand precisely the ground on which we a1·e going ; 

and thus it is that I take the liberty to ask my friend from Maine to 

show us the papers on the subject, if he ha any; and·if he has not, 

I hope the Senate will disagree to the amendment, becau e it has no place iu a bill of this character. It ought to have been iutrodncetl as a separate bill, because it does not fall under the ordinary expendi- tures. If it did it would not be here at all; and it should have been 

sent to the proper committee to inve tigate upon its individual merit·, 

having the means, which the Committee on Appropriations have not 

in the great pre ure upon their time, to make a special investigation 

into the particular subject. Mr. MORRILL, of Maine. There are papers here omewhere which 

explain the whole thing. 

l\lr. ED:MmTDS. That may be; but I should like to know what 

they are. Mr. MORRILL, of Maine. I understand the curiosity of my honorable friend. l\1r. EDMUNDS. I hope certainly the Senator froin Maine is not 

offended at my wishing to know how this stands. 1\lr. MORRILL, of Maine. No; I am not in the slightest. 

Mr. EDMUNDS. Let it be struck out until we can see into it. 

l\1r. MORRILL, of Maine. No; I do not propose to let it be struck 

out. I send the papers to the desk to be read. . The Secretary read the following letters : 

TREASURY DEPARTMK.~T, Fm T AUDITOR' OFFICE, 

Washingto·n, July 17, 1R73. 

Sm: Your accounts for e~--penses incmTed in executing the luibeas corpus act have been referred to this office by tbe War Department for examination aud set- tlement, payment to be made from tbe appropriation provided by the ninth section 

of "An act making appropriations for sundry civil expenses of the Government " approved March 3, 1 G3. I find upon inquiry that the unexpencled balance of thls 

appropriation. has been carried to the surplus fund, and is therefore not applicable 

for any purpose. I am not aware of any existing appropriation under the control 

of the Trea ury Department from which your claims can be paid. 

Respectfully, 

D. L. PHILLIP , Esq., Springfield, Tilinois. 

H. K. LEAVER, 

Acting Auditor. 

wAR 'DEl'ARTME...~, Washington, D. 0., June 28. 1873. 

SIR: Referring to your letter of the 4th instant, submitting yom· account amonnting t{) G3.63, for couns l fees and 6Xflenses incun·ed in four suits in tituted 

again t you as United States marshal of lllinois, ann inclo. ing in support thereof 

transcripts of the cases as they appear on thfl docket, together with the certificate 

of the Hous. 0. H. Browning anil J ulm M. PaJmer that the charges are reasonai.>~e 
5278 CONGRESSIONAL RECORD. JUNE 20, 

and proper, I am directed by the Secretary of W ar to ~orm you that he h~s ap- proved the accounts for payment, and that the p:1pers m the C..'l>Se have this day been transmitted to the :u:counting officers of the Trea ury for settlement. 

The letter of the Attorney-General, dated .Tuly 22, 1863, and the order of the 

Secretary of War, dated .Tuly 26: 1862, are herewit~ returned, as requested. Copies sent with papers to the a{)C()unting officers forthWlth. 

Yery respectfully, 

D. L. PmLLIPS, Esq., Springfield, Illinois. 

W. :u. DUNN, 

Assistant Judge Advocate-Gtmera~. 

Mr. OGLESBT.· In regard to this claim I have a word to sa.y. Colonel Phillips was marshal of the State of Illinois and he was ordered 

at different times and under various circumstances to different portions of the State to arre t those person who were supposed to be 

treacherous to the Union, who were under suspicion in various conn- ties of the State. He was ordered to go at once for their arrest. He 

went, and pa.id, generally, his own expenses. He bad not time to 

wait. He went iuto Edgar County, and into Williamson County, and 

different counties in the State from eighty to one hundred and fifty 

miles from Springfield. · His claim is for the expenses by him in cnrred 

in arresting thatcla sof men whoweresenthereandkeptin the Capitol 

prison under suspicion of infidelity ancl treason to the Government. 

He has waited year in and year out until the amount allowed him 

will scarcely pay his expenses for c_oming here. 

1\fr. ED~1UNDS. It is very extraordina.ry that ten years have gone over without any bill being introduced and pas ed to pay this gentle- man if he is rightly entitled to it. He may be rightly entitled to it. 

The papers that we have here do not show that he is. They show the 

opinion of the Secretary of ·war ten years a.fter, tha.t he may be rightly 

entitled. I do not mean to say that he is not, because I do not know. 

I only mean to say that other persons who have ha-d similar claims 

have been obliged to have them sent to the proper committee for an investigation upon their own merits, and have not been allowed to ride them up9n an appropriation bill. Therefore! feel.itto beamatterof 

duty and a matter of justice to insist upon it that this appropriation 

should not be made for this private claim in this bill, and that without any prejudice to the right of this gentleman to pre ent his petition in the proper way and have it properly investigated by the proper 

committee and reported upon. It seems to me that it is not the right 

thing to put in a claim that i.<J at lea.st ten yea.rs old in an ap_propriation bill to pay a priva.te citizen for a matter that has so long gone by 

when we are reporting daily with the approval of the Sena.te, either 

pro or con, on special investiga.tion, the cla.ims of other citizens of like 

charact-er growing out of their execution of judicial or other duties 

under the judicial department of the Government. Therefore I make 

the point of order that this amendment is to provide for the payment 

of a private claim, and the Committee on .A.ppropria.tions has no more right to report it than I have or any other person. 

'fhe PRESIDING OFFICER. The Chan: thinks it is too late to 

raise the point of order after the amendment has been pa.s ed upon 

in the Committee of the Whole and reported io the Senate. :Mr. ·EDMUNDS. Then I hope the Senate will disagree to the 

amendment, and that without prejudice to the right of this gentleman 

to have his cause heard as other gentlemen have theirs. I think it is 

ri&ht to the Senate and to justice that we hould do that thing. 

lVIr. OGLESBY. If Colonel Phillips shall be turned loose now to 

browse upon hopeless prospects about the claim a.ny longer it is a. heartless and sickening future fer him. He paid but little attention to it, 

tried to get along without it, a.nd fina.lly believing the claim was justly due hii:n from the Government he presented it. Governor 

Palmer, of the State of illinois, certifies to it, and so far as the serv- ice are concerned fifty witnesses could be brought to establish the 

fn,cts. It may be true, a.s the honomble Sena.tor from Vermont say , that the ca.se ought to have come up here through some committee on claims, and I am not prepared to dispute the justice of that proposition; bot it has been lino-ering and da.llying and hanging along until 

the man is heartsick, and I can say for him that if he does not get it now he will give it up forever. .A. man who did the service thitt he 

did I think will abandon it entirely rather than be pressing it. 

Mr. EDMUNDS. That is precisely what we do not know. 

Mr. OGLESBY. It is a just claim. I am not particula.rly inter- e ted about him; he has not even consulted me about it; he was here this winter, staid two or three da.ys, and bothered me very little about 

it. He has been disappointed and put off a.bout it so many times that 

he has a hopeless sort of chance if you do not pay him now. Mr. EDMUNDS. Why ba-s he been put off 

Mr. OGLESBY. He has been expecting to get it through the judicial depa.rtment of the Government. It has been postponed and shuffled around, and finally he comes here and gets the recommendation 

of the Committee on Appropriations and of the proper Department of 

Government, and they put it on this multifarious sundrY civil service 

bill that covers a.ll creation and takes in everything. I looked at it 

to-day until it made my head swim. But it turns out a little $430 

claim, and that from the interior of Illinois, is not legitimate or con- stitutional in this bill that takes 1n a.ll God's creation except illinois. 

The amendment was concurred in; there being on a division-ayes 27, noes 12. 

Mr. EDMUNDS. I wish to state now that I withdraw all points of 

order that I have made against any a.mend.ment to this bill in com- mittee, and shall not insist upon any of them against any Senator 

who chooses to propose anything, because I will not myself be the 

instrument of granting favors to one person that are to be denied to 

another, by loading a bill of this kind with private claims which wu know nothing about. Mr. MORRILL, of Maine. I hope then that Senators who tiesire 

to reserve particular amendments will do so, and that we shall pass upon the others together. Mr. ED~fUNDS, I have not withdrawn my reservation. The Sen- ate will take its own responsibility and vote upon each one of these 

amendments; but I think it just and honest to say to the Senators 

again t whom I have been making points of o_rder, that I shall not 

stand up to oppo e them when the Senate chooses to make an exception of this kind for this particular gentleman. The enator from 

Maine of course can exercise his own judgment in a serting his own ri~hts, but the responsibilit y shall not rest upon my shoulders. .1\Ir. 1\fORRILL, of Maine. I do not understand the lectme which 

the Senator gives to the Senate or the committee. I do not know 

which he intend it for. If he intends to lecture me on the subject, 

I consider it entirely gratuitous. . · 

Mr. ED~fUNDS. Certainly. I chargenothingfor it. The Senator 

gets it free. · 

Mr. MORRILL, of Maine. So far as I am concerned, it is not worth a great deal. I have endeavored to do my duty on this bill faith- fully. I do not intend to pre ent, any claim to the Senate of the 

United States that I am not willing to stand by; and I do not intentl 

to be lectured con ta.ntly without exhibiting a sufficient degree of resentment. That is all I have to say about that. Mr. ED~IUNDS. The Senator has got his umbrella very wide open for a shower, as it seems to me. I have aid nothing about the en- ator from Maine except that I renounced in his favor all respon ibility. If the Senator considers that a lecture, he i entitled to hi::~ 

opinion no doubt. I thought I had the right (and if I am wrong tho 

Senator from 1\Iaine will correct me) to withdraw all objections ba.t 

I had made to the amendments proposed by the Sena.tor, from Oregon 

and other Senators on points of order, that they were pri ate claim~-;, 

&c. If I had not tha.t right, without the Senator from Iaine jnmpiog out of his seat and considering himself lectn.r cl, then he will be 

good enough to tell u o. The Senator from ~faine perfectly well 

understands how much I r egard him and his fidelity, and he mnst 

have got somewhat wearied with the great package of good things h 

has before him to suppose that when I abdicate in his favor I am lecturing him. I shall not do a.nything of the kind. Now, I hope the Senator from Maine is satisfied. Mr. MORRILL, of Maine. Yes, sir; I am entirely a.ti :tied, but I 

have nothing to take back, that the Senator means me when he sayH 

that he makes oppo ition to the propo ition here, and then turns away 

from it in disgust and shakes off the du t from hi., feet upon all thi::; 

cla of cases, and tmns around to the Senator from Maine and says, 

"He can take his own cour e." If it has any refer nee to me at all 

it m ans that I am connected with the e claims in a way he does not 

countenance, and he wishes to direct the -attention of the Senate to 

that fact. 

:Mr. ED~UTh"'DS. Is there any objection to the statement of that 

factf 

Mr. MORRILL, of Ma.ine. I do not think it i exactly the thing 

myself. The Sena.tor may very likely think it is a very :nice thing to put a man in a very comfortable position. I have done the best I could on these bills. It is not a labor I seek; it is not one of love, rather one of duty; it is iik orne and trouble orne; and I do not like to be 

critici ed offensively in that way. 

Mr. EDMUNDS. I dicl not mean to offend the Senator-far from it. Mr. MORRILL, of Maine. I understand. I ta.ke no exception 

except that I take occasion to make that remark. Mr. ED~IUNDS. I am sati :tied with that. Go ahead. Mr. SARGENT. Let us have the next amendment reported. 

The next amendment made as in Committee of the Whole was after 

line 341 to insert tho follo_wing : 

For salary of stenographer to the Secretary of the Treasury, $2,400. 

The amendment wa concurred in. 

The next amendment macle as in Committee of the Whole was after 

line 343 to insert : 

That of the unexpendml balance of the appropriation matl for the office of the 

Treasurer of the Unitetl 'tates for the fiscal year ending with .Tune 30,1874, $20,000, or so much thereof as mav b required, for the pa-yment of aJ.aries of clerks, ;mes- sengers, and laborers to do the neces ary work of that office, may b used for the 

purpose aforesaid, in the fi. al year ending with .Tune 30, 1875: Pro1Jided, That no part of this amount shall be expended for payment of adilitlonal compensation to clerks or employ~s. 

The amendment was concurred in. The next amendment made a inC Jmmi ttee of the Whole wa after 

line 354 to insert : 

To enable the Secretary of the Trea ury to collect, procure, pro ervo, and arrange 

for use all vouchers, paper , recorus, :1nu evidence, anu to take t stimony as to claims ao-ainst the United tates, to be paid only upon the certificate of the com- missioners of claims, tho um of 20,000 of the unexpended balance of the a.ppro- priation made by act of March 3, 1873, is h r eby reappropriated. 

The amendment was concurred in. The next amendment made as in Committee of the Whole was after line 362 to insert : • 

To enable the Secretary of the Treasury to pay the proprietors of the. New York 

Tribune for a.uverti ing in said journal, the s~ of 839.10, r so much thereof as 
1874. CONGRESSIONAL RECORD. 5279 

may be necessary, to be paid upon the audit of tho proper accounting officers of 

the Treasury. 

The amendment was concurred in. 

Mr. EDMUNDS. That is like the Phillips ca ·c. It is a private 

claim, bnt jt is not in order to raise the point now. l\Ir. MORRILL, of :Main,e. I will send to the desk the letter of the 

Secretary of the Treasnry in that case if it is de ired. 

The PRESIDENT pro tempore. The amendment has been concmred in. 

The next amendment made as in Committee of the Whole wa after 

line 36 to insert : 

For payment of the expense of editing the r vi. ed statutes, preparing the same for publication, and distributing the same, and for editing the annuaJ statutes, 

under the direction of the Secretary of State, 20,000, or so much thereof as shall 

be necessary. 

The amendment was concurred in. 

The next amendment made as in Committee of the Whole was after 

line 373 to insert : 

To enable the Secretary of the Navy to complete the obson·ations of the transit 

of Venus, iu December, 1874, and to return the parties of observation to the 

United State $25,000, to be expended as provided by the act making appropria- tions for sunfu·y civil expenses for the fiscal year ending June 30, Ul74, approved 

March 3, 1873. 

The amendment was concnrrecl in. 

The next amendment made as in Committee of the 'Vholo was aft.er 

line 3 1 to insert the following: 

For collecting information respecting the condition and importance of the fur trade 

in the TeiTitory of .Alaska, as providea by act of ..April ~2, 1 74, '10,000, for the fiscal 

:years 1874 anu 1875, to bo expended under the direction of the S cretary of the 

Treasury. 

The amendment was concurred in. 

The next amenument made as in Committee of the Wholo was after 

line 3 to insert: 

For the District of Columbia, tho sum of 1,300,000, to be expended by the com- ntis ion rs of aid District, and applied as foUowR: :First, to the paymt'nt of intert-At on the funded debt of said District due July 1, 1 74; secomUy, to the payment of officers, employes, and laborers of the District, whether of the District proper or of the board of public works; th.irilly, to the payment of any indebtedne s for 

which the securities of tho District are pledged; and tho remainder to the current c:xpcnRe of saill District; all the above sumsl except o much thereof as may be 

pail! for in tore t, as aforesaid, to be con iderea and adjusted herenJter as a part of 

tbe proper proportional nm to belaid b.Y the Uniteu States to'}'aru the expenses of 

the government of the District o Columbia.. 

The amenclment was concurred in. 

The next amendment made as in Committee of the Whole was to 

insert after line 401 : 

For payment of C. H. E,·ansfor erYices nnuerthedirectionof the Committee on Way and Means of the l!'orty-second Congr<k>8, 500. 

The amendment was concnned in. • The next amendment made as in Committee of the 'Vhole was after 

liue 401 to insert : 

For the payment of M. A, Clancy, for services as stenographer in taking testimony in the matter of the impeachment of Richnnl llusteoll, diotrictjudge of the 

district of .Alabama, the sum of $5~5. 

The amendment was concnrred in. 

The next amendment made as in Commi ttce of the Whole was aftor 

line 406 to in ert: 

For expenses of t-he Joint Select Committee to Inquire iuto the ..Affairs of the 

District of Columbia, the sum of 6,000, or so much thereof as may lle necessary. 

The amendment wa concnned in. 

The next amendment made a..s in Committee of the Whole 'vas after 

line 409, to insert: 

For this amount, or so much thereof a may be nece.<>sary, to enable the Secretary of the Interior to pay for supplies furni hed the Yankton 'ioux Indians during the 

winter of 1866 anr118ti7, to proven tab olute starvation among saiu Indians, 11,329. 

The amendment was concurred in. 

The next amendment made as in Committee of the Whole was to 

insert after line 416: 

The sum of $32,2-W is hereby appropriated to dl:lfray the expenses of the board of 

]Jt-.aUh of the District of Columbia for sanitary purpose for the fiscal year ending July 1, 1875; and the commissioners of the District of Columbia be, and they are hereby, directed to rea.ppropriatethe ame amount, namely, 32,2-20, from the funds 

of the Di trict of Columbia., not other\vise appropriated, for the same purpo e. 

Mr. EDMUNDS. I should like to a-sk the chairman of the com- mittee, if' it will not be offensive to biro, and I presume it will not, 

whether that is intended to make a double appropriation, or whether 

it is only intended that this sum for the board of health shall be taken 

ont of the fnncl of the commissioners 

Mr. SARGENT. The whole amount is 64,000 to run the board throu~hout the year. The purpose is that thirty-two thousand ancl some nundred dollars shall be expended out of the Treasnry of the 

United States, and ;the other half out of the District funds, and tl).e 

authorities of the Di trict are required to make that appropriation. 

Mr. ED:UIUNDS. Then it is intended to provide for $64,000 instead 

of :32,000. The language is ~mbiguous. That is why I made the 

inquiry. 

The amendment was concnrrecl in. 

The next amendment made as in Committee of the Whole was to 

insert after line 416 : 

That the sum of 1,000 is hereby appropriated for the salary of. the Go,ernment 

telegraph operators at the Capitol durmg the recess of Conaress; -oo of the same to be paid b.v. the Secretary of the Senat~ for the salary of the operator of the Senate, and $500 to be paid by the Clerk of the House of Representatives for the salary of the operator of the House. 

1\Ir. ED~flThTDS. What is the use of haling t.he ·o operator during 

the recess of the Senate 

Mr. SARGENT. The amount tha.t they receive is $100 a month. It 

is impossible to get telegraph operators at less than $1,200 a year. This simply runs to December, when some permanent arrangement 

will be made. That is all it amounts to. 

1\Ir. EDM:UNDS. I should like to have the vote taken upon it. ·The alllendment was concnrred in. The next amendment made as in Committee of the Whole wa: after 

line 471 to insert: 

For the purchase for an Indian aqency station, the six htmdrcd and forty acres of 

land situated on Lapwai Creek ana Clearwater River, Idaho Territory, heretofore 

granted to the ..American Board of Commissionere for Foreign :Missions, 15,000: 

Provided, That no part of this sum shall be paid nntil a perfect title to the saill la.nd shall be made to the United States lly a warrantydeeu, to be approved by the 

..d..ttorney-General. 

1\Ir. EDMUNDS. With due humility, I wish to ask the Committc6 on Appropriations wha.t this provision means, and how it happens 

that we have given to this board of commissioners of foreign missions 

six hundred and forty acres of land and propose to buy it back from 

them at 15,000' 

1\Ir. SARGENT. I explained that once before in Committee of the 

Whole, and take great pleasnre in replying again. By a law a great 

many years old there was given to the American Board of Commissioners of Foreign l\Iissions the section of land referred to here, six 

hundred and forty acres, and there were given to other mi ionary 

societies among the Indians llieces of land which they selected. In 

the progress of time this L.wd passed into the hands of another per- son. The Government, however, apparently not aware of this title, 

has pnt upon this land somewhere from one to two hundred thousand dollars' worth of property in the shape of agency buildings aml 

other improvements in connection with the agency. The title of the 

imliviclual owner is now set up and is recognized by the local court·, anu the alternative of the Government is to abandon the Janel an<.l 

lo e the large property interest which it ha upon the land or to puTchase it of the person who has the title. We thought, on the recom- mendation of the Department, that it was better to buy he titlo 

th:m to lose the property that is upon it. fr. INGALLS. Is this the Langford claim t 

Mr. EDMUNDS. This is the Langford claim, which we have hearu 

of before, and the Senator from California says that the local conrts 

(hy which I suppose he means the territorial courts) have held that 

the Langford title is a good one. 1\Ir. SARGENT. They have held that the title to this land is good. 

I uo not recognize the name. 1\fr. EDMUNDS. Does the Senator mean to say that in a case iu 

which the United States has been a party, so that we are bound by 

it, the final tribunals have determined that we have no title to this 

laml 

Mr. SARGENT. I state, as I said before, that I understanu the 

ti tie of this person has been recognized by the local conrts. I am so informed by the Department. 

l\Ir. ED:i\UThTDS. I should like t.o know i£ the Senator has any 

communication on that subject 'i 

Mr. SARGENT. Yes, sir; the communications were before the 

committee. 

Mr. EDl\.llThTDS. I should like to have them road. 

l\Ir. SARGENT. In a few moments I can get them. I >vill have to 

go to the committee-room and tell the clerk to brinz them here. l\fr. TIOGY. If the Senator will pardon me, I will state that this same subject was before the Committee on Indian .Affairs, and the 

amount specified in this bill is there ult of a compromise. The owner of the claim wanted a much larger compensation. We finally agreed 

to offer him 15,000, which he agreed to accept with a great deal of 

he itation. lly the act of 1848 six hundred anu forty acres of land were appropriated for all missionary est.ablishments in Oregon Territory. This was one of those establishments regulru·ly made, ancl bas 

been recognized by the Government of the United States, has been 

regularly snrveyed, and the snrvey has been regularly approved, ancl 

the title, in my estimation and in the estimation of the committee, 

ancl I believe it is so recognized by the Commi sioner of the Lancl 

Department, is beyond all controversy, beyond all doubt, ba eu upon 

the law of 1848 securing to every establishment of this character six 

hundred and forty acres of land in the Territory of Oregon. lly treaty made subsequently with the Nez Perc6 Indians these 

six hundred and forty acres were included in a large reservation made 

for those Indians, and the Government ha taken po session of that 

land, and has upon that land very exten ive improvement , in buildings, houses, mills, and shops, and the whole entire agency indeed is 

upon these six hundred ancl forty acres. The owner of the land 

would prefer to have his land. It is no doubt worth to him a great 

deal more now than $15,000. 

The Committee on Indian .Affairs took all the pains they could in 

examining the matter. We also corresponded with the Commi sioner 

of the General Land Office, who laid before us all the paper . Tho 

survey, I repeat, of that land has been approved, and the title of the 

missionary society is beyond all doubt, and there is a regular deed 

from that society to this gentleman; I believe his name is Langford. 

His title therefore being good, and we having taken pose sion of his 

land, and having put large improvements upon that land, we can do 
5280 CONGRESSIONAL RECORD. JUNE 20, 

no le~s than pay him for his land or give him po se ion of his property, and the pi·ice here fixetl is the r esult of a compromise made between him and the Commissioner on Indian Affairs. . lr. ED).fln.'DS. It is very extraordinary indeed, as it appears to me-no doubt I am wrong-that the Department of the Interior havinrr charge of the loca ion of reservations and havin~ in its own pos- se~ ion the records which would ~how whether the American Board 

of Commis ioners for Foreign Mis ions had lawfully located the e six hundred and forty acres for their purposes under the act referred 

to by my friend from Missouri, should have run the Government into an obligation to pay twenty-five dollars an acre for this land in the 

Territory of Idaho where we e tablished an lnclian reservation. 

Somebody, in my opinion, de erves censure. The idea that we, in a Territory, are obliged to pay twenty-five dollars an acre for our own l:1nd, or land tha.t has been located by somebody else, when there are thousand of square miles there, in order to e tablish an Indian re ervation, is, as it appears to me, a very extraordinary thing. I 

hope it does not happen very often. He1·e ·we are to pay $15,000, 

which is about twenty-five dollars an acre, for land in the Territory 

of Idaho, a quare mile of land claimed by this man Lan~ford, be- ca.nse we have established an Inclian reservation there. It IS said he 

claiiDB a great deal more. Does the Senator from Missot1ri mean to 

say t:Lat this land, a ide from the improvements, is worth twenty-five 

dollars an acre in Idaho Territoryf 

Mr. BOGY. I understand it is a most excellent botly of land and 

is very va.lnable a ide from the improvements; that it is a very fine 

selection of very valuable land. It may not be so valuable as twentyfive dolla.rs an acre; but it is a very fine selection of very valua.ble 

land, worth six or eight thousand dollars without any improvements 

at all. · Mr. EDMUNDS . . The Se.r;tator from Missouri, with his usual can- dor, states I have no doubt correctly, that this land it elf may be 

worth six or eight dollars an acre. Now we propose to pay twentyfive dolla,rs an acre for it on account of the improvements that we 

put upon it ourselve . Mr. BOGY. The Senator will pardon me. A large part of the improvement was put there by the board of foreign missions, and is 

there yet. 

1\fr. EDMUNDS. What are the improvements' 

:Mr. BOGY. Houses, mills, shops, saw-mills, and grist-mills. All 

the agency e tablishment are upon that 1.'tml. 

Mr. EDMUNDS. How did it happen-perhaps there is an explana- tion of it-that the Indian Department came to locate their r-eserva- tion embracing this private property! 'Vhat is the history of thaU 

Mr. BOGY. That would be very hn.rd for me to answer. By treaties made with the Nez Perce Indians, they were located upon this 

land, and this is within the reservation, and by the terms of the 

treaty no white man is allowed to remain among those Inclians unle · 

officers of the Government, or Indian agent . • Mr. ED~IlThTDS. I have no eXJ'lectation, of cour e, of preventing 

the adoption of this amendment; but I have the eX11ectation of putting on tho record what has been disclo ed by the Senator from Missouri in respect of thi mo t extraordinary tran action; and that is, 

that thl man Langford year after year has had a bill here to provide for buying out his claim to this Indian reservation, the United 

States haviug been the original proprietor . l\ir. ALCORN. I will inquire, for information, whether the ques- tion of this t.itle ha been at any tirue adjmlicated by any committee 

of this body f Has it been referred to the Committee on the J ucliciary 

1\ir. BOGY. It wa.s referred to the Committee on Indian .A.fiair ·. Mr. ALCORN. The Committee on Intli..'lJlAffair , I believe, is not 

compo ed of lawyers. 

Mr. BUCKINGHAM. They are all lawyers bnt one. 1\fr. EDMUNDS. We h~ ve a legend which the Senator from California give us, and he does the best he can, that some local court has 

decided, as he understands, that the title of the United States is not 

good. It i a mere legend. We have no evidence of it. My friend 

from California has ;uo evidence of it at all; he ha heard ·o; and in 

the face of having located an Indian reservation there, we put into 

thi miscellaneous appropriation bill a provision that we shall buy 

this disput d title to our own land-it was once our own land and 

for aught we have in evidence to the contrary is till our own landand will give ·15,000 for it in view of the improvements, not that 

this man, but somebody else, put upon it. 

It may be all right, Mr. Pre ident, and I dare say it is, because the 

Committee on Appropriations have recommended it. I shall have done my duty in calling the attention of the Senate to the extraordinary uatnre of the circumstance that Senate bill No. 630, introduced on the 26th of March, has got into the body of thi appropriation bill 

in ~pite of the efforts of my friend from Maine, who, no doubt truly, 

states that h bas done his best to keep this bill clear from private 

bills of this character. I find that Senate bill No. 630, now on your 

Calendar, i a slightly enlarged edition of this amendment, containing the es ential fea:tures of the amendment precisely. 

Now, l\Ir. Presiuent, I ask the Senate to vote in favor of leaving 

this subject for further con ideration at another e ·ion of this Congre s in order that we may have from the Depa,rtment or somebody a. definite report which points out, either upon this bill which is on your Calendar for Langford or in some other way, why it is that the 

United State , in a Territory where we have millions of acres of land, 

is to be called upon to pay '15,000 to a private claimant for a. part of 

this re ervation without any judicia.l determination against our title. 

Mr. BUCKINGHA I. I desire to say a word before the vote is taken on this question. I do not wonder that the Senator from Vermont 

puts his inquiries. I do not know how any man can look at this 

claim without making inquirie about it . . I do not hesitate to say 

that when it was pre ented to the Committee on Indian .Affairs they wer somewhat puzzled to know how a man like Mr. Langford or any 

other man could po sess by title the land in an Indian reserva.tion ; but on inquiry we were perfectly satisfied that that land, six hundred and 

forty acre , was origin.1lly conveyed by the Government to the Ameri- can Board of Commissioners for Foreign Missions, and that the title 

in that board wa a good as the title which I hold to the house 

which I occupy. Then we were satisfied also that the American board -of missions sold this property to a man by the name of Langford for a very small consideration without doubt. 

Mr. ED:MUNDS. May I a k the Senator from Connecticut was it 

granted to the American Board. of Commissioners for Foreign Missions in fee, or only for the uses of their mission Y 

Mr. BUCKINGHAM. I understand in fee. 

Mr. ED~1UNDS. I think the Senator is mistaken about that. 

fr. BUCKINGHAM. I do not think I am. The Senator asks 

whether the fee was in this board. I have uo doubt of it. Without 

it they could not have conveyed the fee to Mr. Langford. Certificates 

from the records of the courts, local courts I suppose, came to the 

Interior Department and came before the Committee on Indian Affairs showing very clearly that the title to this land was in this man Langford. 

Mr. EDMUNDS. I should like to hear those papers read. 

Mr. BUCKINGHAM. I have not got them and cannotread them or produce them to be read. 

Then I would say still further, the question came up in regttrd to 

the value of the land and the necessity of its being reowned by tho 

United State Govenunent, and we found that ·the Government had 

established an Indian agency which covered this land, on which the 

Government had erected buildings of great value. - If they had erected 

them on my land, or on the land owned by the Senator from Vermont, 

it would have been necessary for them to purchase that land of him or me OJ.' remove the buildings. The information which we get from 

the Interim Department is substantially that they cannot remove those buildings or occupy any other land in connection with that res- ervation, which is nearly of as much value as this, which is nearly as important to the GovernDlent, and the Government cannot remove these improvements without great loss. It may be that the Government has occupied that land in such a manner as to make the gain 

very great to 1\ll:. Langford; it may be impossible to avoid it; but 

th:tt is not so much his fault as that of the Government. 

The question came up before the Committee on Indian Affairs in re- gard to the value of this property. Affidavits wer presented to that 

committee which stated that the property was worth, independent 

of the improvements, from forty to sixty thousand dollar . From 

whom were these affidavits T I must say I know not. They were by men at a di tance, so far off that we could not addre s them, although 

there came with tho e affidavits certificates that the affiant were men of integrity and reliable. 

Then the question came up, what shall he committee do for the interests of the Government T Shall we submit it to the courts to determine whether the Government shall take pos e ion of it or not' 

Shall we submit the question to arbitrators and let them determine 

what the damage hall be to Langford T If that que tion shonlu be 

ubrnitted to any three disinterested men, however well they might 

be elected, residing in that country, we could not believe in the face 

of these affidavits that they would give the Government the prop rty as cheap as we propose to buy it now. Believing as I do tha,t this 

is the most economical way for the Government to get out of thi difficulty and to get possession of this property which is e ntial in or- der to secure the improvements which they have made, I hope this 

amendment will be concurred in. 

Mr. OGLESBY. I hope the Senate will concur in the amendment as recommended by the Committee on Appropriations, and indeed I am very glad to see it in the bill. I suppose it got there through the in trumentality of thehonorable Senator from Oregon, [Mr. KELLY.] This 

claim came before the Committee on Indian Affairs of the Senate 

months ago. We gave it careful consideration. A bill was sent down 

from the Secretary of the Interior providing for settling this cl::llm by 

arbitration or settling it by a proceeding in the district court of Idaho. 

Mr. BOUTWELL. Will the Senator from Dlinois infm·m the Senate 

when these improvements by the Government were placed upon ·this 

land Y 

Mr. OGLESBY. If the Senator from .Ma sach·usetts will take my 

recollection about it, I can state, within the last twenty years. 

11-ll·. BOUTWE.LL. I should imagine it would be within the la t 

twenty years. It is only twenty-four or twenty-five years since the 

land was ceded to the missionary society. 

Mr. OGLESBY. I will state to the Senate just what I know about 

it and as briefly as I can. Mr. BOUTWELL. If the Senator will allow me, I will st.ate to 

him what is the suspicious aspect of this case, and as I have known one other in my experience in the Government which was l'>recit>ely 

what I suspect this to be I will state it. Whoever put the improve-
-----------------------~~------------------------------------------------------------------~ 

1874. CONGRESSIONAL RECORD. 5281 

ments made by the Government upon this land, the title to i~ having 

been confirmed in 18481 knew perfectly ·well that he was domg that 

which he bad no riO"bt to uo, n,nd was placing the property of the 

Government upon l~ul the title to which was in anotllcr party. In 

my judgment, although I have no evidence on tho point, tb~ro can be no uoubt that there was an ·arrangement and undo"t tanding between the per on who held the title t.o this ln.nd and the officer of the 

Government by whose agency tho improvements were placet! upon it. 

It is incredible that anv other state of facts could havo led to the 

present condition of thillgs. 

Mr. OGLESBY. I think the Government will be tho gainer, and 

largely the ga~ner, byconcurr~ng iu the amendment of the Co~~ttee 

on Appropriations. Now I w1ll state, and I hope I shall do 1t m le s than five minutes, what I know about it. 

Tho case came before the Committee on Indian Affairs. It was there referred to the Senator from Iowa [Mr. ALLISO~] or myself, I 

think to me, with a bill from the Secretary of the Interior providin~ 

that a suit should be brought or that a board or arbitrators shoul<J 

be appointed to settle what the Government owed Mr. Langford. 

The Government of the United States, through tho executive department, officially recognized to .Mr. Langford his title in the property. He brought suit in ejectment against the pos essors in the 

territorial courts of Idaho, and received a judgment of ouster and 

putting him in po session again; and that judgment s~ands to-day 

from which the Government has taken no appeal, and 1t has made uo objection to the judgment. It was a regular jndgment ren- dered in an action of ejectment, and the mn.n has stood waiting 

and wttitinO' to get possession n.nd cn.nnot get po ession because he 

cannot sue 0 the Government to put it out. The property belongs to 

him. The title was conveyed to him by duly acknowledged deeds u:om this missionary society. He was put in possession; and it being 

peculia.rly located, far off in the Indin,n-exposed portions of Oregon, 

when the Government went there aml estn,bli.she<l an Indian agency, 

the Government had no other ground, no other pla.ce it could go and 

protect the life of its agent. Therefore it went upon this ground, 

where a mill has been constructed, a saw-mill and a grist-mill, and 

tbe Government went and made material additions to it and took 

possession of it in order to preserve the life of the Government agent 

there and to make it a center for the distribution of food and annuities to the Indians, and hold it to this day. 

The fear the Committee on Indian Affairs had was that if this 

Government sllould continue to hold this ground for a longer period, 

when this man had made repeated applications for it, it would finally 

end in a claim of fifty or one hundred thousand dollars against the 

Government. 'lherefoi"e we put Mr. Langford off in tlle Committee on Indian Affairs. We resisted his claim and put him off. He said be wa.s ju tly entitled to $40,000; but as n. compromise, to settle it and 

let him get his money a.nd get rid of n.H trouble, he fina.Jly agreed to 

take 20,000. The committee insisted that $10,000 was enough. The 

matter was referred to me, and I had n. bill drawn up and rcporteu to 

the Senate to give him $15,000, which amount he concluded he would 

not accept. He refused t.o accept ii: until I receiveu this letter from 

him two weeks ago agreeing to accept the $15,000. [Here the ham- mer :fell.] I· my time up l 

The PRESIDENT pro tempm·e.. Yes, sir. Mr. SPENCER. I move thtLt the Senate recede from its amenrlment to Honse bill No. 899, to constitute Montgomery, in the State of 

AJa,bama, a port of delivery. · Mr. EDMUNDS. Let us dispo e of this bill first. Mr. SARGENT. I object to n,ny business being interposed until we eli. pose of the appropria-tion bill. 

l\fr. OGLESBY. Here is a letter from Mr. Langford agreeing to accept 15,000. 

The PRESIDENT p1·o tmnpo1·e. The Senator's time bas expired. 

Mr. EDMUNDS. I hope the Senator will be allow ell to proceed. I move that he have leave to proceed 

Tho PRESIDENT pro temp01·e. The Senn.tor from Vermont moves that the Senator from illinois have leave to proceed wit.bout limitation. 

The motion was a.greed to. Mr. OGLESBY. 'l'he honorable Senator from Vermont will allow me to return him my sincere thanks for this courtesy. I will agree to 

proceed with plea nre if be will promise not to follow me. [Laughter.] 

:Mr. EDMUNDS. It would be perfectly hopeless. I make the 

promise. 

Mr. OGLESBY. The Committee on Indi..'tn Affairs believed, and now believe, that this is the best settlement the Government can ever make of this claim. I have a letter from Mr. Langford, who 

finally agrees to take $15,000 aml settle the ma.ttcr. If you send it ·back to that country and allow· him to call up witnesses over that 

Territory to prove tho value of that property in a court of jnstice, 

tho Government will have to pay fifty or one hundred thousand doll..<trs 

for that land. His title is clear; it is unimpeacha.ble. There is no usc to deny it. He has paper from the Government in his possession 

admitting the title. Now, then, when we hn.ve got him to consent to 

take 15,000 and give a warranty deed to the Government for ix 

hnnclreu and forty acres, gi vo us the title and get rid of the difficulty, 

my opinion is the Senate will make a mistake if they do not accept the offer. 

The PRESIDENT pt·o tempm·e. The question is on concurring in 

the amendment made as in Committee of the Whole. 

Mr. EDMUNDS. Let us hn.ve the yeas anu nays. 

331 

The yeas and nays were ordered. 

Mr. KELLY. I wish to make a statement about this matter as the 

amendment was suggested by myself. I can indorse everythingtllat 

has been said by the Senator from illinois, and I will ask the Clerk to 

read a letter from the Commissioner of Indian Affairs showing tbe 

amount of money the Government h9 expended upon that land, the 

title to which certainly belongs to Mr. Langford. There can be no doubt about it, as the Senator from illinois has said. 

Mr. EDMUNDS. Where is the evidence of that, let me ask the 

Senatorf I should like to have it read if there is any evidence of 

that kind. 

l\1r. KELLY. I will read it. l\Ir. Langford holds this land under 

the seventh section of the act of the 14th of August, 1848, the provi o of which is as follows: 

Ana proviaea also, That the title to the land, not exceeding six hundred and forty 

a{lrcs, now occupied M missionary stations among the ~eli~ tribes in said Ter~it;?r:r , 

and improvements thereon, be confirmed :md established m the several religious societies to which said missionary stations respectively belong. 

AO"ain, on the 2d of March, 185:3, when the Territory of 'Vashington ~as organized, there wa.s this provision : 

Provided further, That the title to the land, not exceeding sb: hundred anrl forty acres, now occupied as missionary stations among the Indian tribe's in Raitl Territory, or that may have been so occupied as missionary st.'l.tions prior to the pa saue of the act establishing the territorial govcrnment..of Oregon, with the im- prov~ents thereon, be, and the same is hero by, confinned to the seveml religious societies to which said missionary sta,tions severally belong. 

I will say thn.t this ociety wa.s established in 1836 among the Nez 

Perce Indians, and from tllat time ·until whu.t was c:llled the Wlrit- man massacre they continued t.o occupy this as a missionary station. 

I say there can be no doubt as to the title. Mr. EDMUNDS. The Senator says there is no dou-bt about the 

title, and he reads from a statute. · l\Ir. KELLY. I do, as quoted in the House report. 

Mr. EDMUNDS. It is a copy of the statute, I suppose. Mr. KELLY. Yes, sir. Mr. ED~IUNDS. In which he says the title is conferred upon the 

missionru-y or religious societies. Mr. KELLY. "Confirmed." 

Mr. EDMUNDS. Now where is the statute which gives the original 

titlet 

:Mr. KELLY. The original title was under the act of the 14th of 

August, 1 48. 

Mr. EDMUNDS. Does that provide for any alienation by this re- ligions corporation to its successors or assigns f 

Mr. KELLY. It confirmed the title to the society. l\Ir. ED~IUNDS. Bnt thatisnotthepoint, the Senator will see a.sa lawyer. My point is whether in the original act or in this on~, cer- tainly not in this one, there are any words wl1ich sa.y that the landis 

confirmed to the successors and a-ssigns of this religious corporation. 

Mr. KELLY. I do not pretend to say tlli'lt there are such words. Mr. EDMUNDS. Then if there are not such words, does the Senator say they had a right to alienate this title~ 

Mr. KELLY. I do say so, certainly. I do say when a title is con- firmed to any religions body, that that body is the owner of the land, 

and that tha1· body bas the right to <lispose of that land if it thinks 

proper. They did dispose of it to l\lr. Langford. It has been so fouml 

by the committee of the Senate and of the House. I am reading f1·om 

the House report. I say that there can be no doubt about the title. Before my time expires I wish simply to have ren,d a letter show- ing that the Indin.n Department have expended in improvement upon 

that land 66,000 in buildings, all of which strictly belongs to Mr. 

Langford. He brought suit, servetl process upon the Indian agent, 

judgment was obtained after a contest, aud he has it now. Mr. EDMUNDS. What is the tln.te of that judgment 

Mr. KELLY. I do not remember. It was there three or four 

years ago. 

Mr. ED~1UNDS. Why was not an appeal taken T 

Mr. KELLY. I cannot account for that. I suppose for the simple reason that they knew the1·e was no hope of gaining it for the United 

States. 

Mr. EDMUNDS. Is there a copy of the record here that we can bear read t 

Mr. KELLY. It was before the committee. Mr. EDMUNDS. Is it here! ~11:. KELLY. I do not know; I am not on the committee. I know 

there was-presented to the committee a certified copy of the record. 

I now ask to have tlle letter which I send to the desk road. The Chief Clerk read n.s follows : 

DEPARTME.XT OF THE !NTEIUOR, O FFICE OF INDIAN AFFAIM, 

TVashin!]ton, D. 0., Jttne 19, 1874. 

SIR: In reply to your verbal inquiry, yon aro advise1l that i~ appears from the books of this office that tho following sums havo bcon appropnate•l au!l pl. ccd in the hands of the agent of the Nez P cr<'e lntlians sinco 113GO for improYcmeuts on tho l:mds occnpie!l for tlto a:;oncy of said Intlians in the T erritory of Idaho, aml it iii presumed have brou expemlc•l for such purposo, namely: 

For t.be erection of schools a.n!l church buililings.--- ... ----- . . _ . .. ___ . _ 24,700 00 For t he erection of blacksmith-shop ...... . _ ... -- . . . .. ----.-. . -.. ..... 5, 500 00 

Fort.heeroctionof sawaucl flouring-mill .. .... ..•. . . .. .. .. ... ... ·· ·--- 19,000 00 Fortheerectiouof hospitallmilcling ....... ____ ___ _____ ___ ___ ·· ----·- -· 2,400 00 

For the erection of buildings for employes .. - ___ .--- ..... -.... _: __ -.. _. 6, 500 00 Fortbeerectionof J.mililings for chie:fd .•. ...........•......•.•... _____ 34 000 00 

Total .... ... ------------.- -... -·------ . -------------------: -·-·---- · G\, 5!:e ~ 
5282 CONGRESSIONAL RECORD. J UNE 20, 

In addition to the foregoing the sum of $4,600 is appropriated annua.llyforkeeping sai1l buildings in repair, &c. _ There is also embraced within the six hlmdred and forty a{lres occupied by the ag~ncy fifteen Indian farms, improved and cultivat.ed for the use of the Indians of 

sru'l~b~ff:~ of land on which these improvements have been mai:le by the Govern- ment out of Indian funds is that covered by the execution of W . G. Langford-vs. Robert Newell, United Sta.tes Indian agent, from the district court of the first 

judicial district of Idaho Territory. Very respectfully, your obedient servant, 

W . G. L AX8 FORD, Esq., W48hington, D. 0. 

EDW .A.RD P. SlliTH, 

Cmmnissioner. 

The PRESIDING OFFICER, (M1~. FERRY, of Michigan, in the 

chair.) The Senator's time has expired. Mr. BOUTWELL. I only want to say to the Senate that, we had 

better find out whether the Government ha,s been t ho victim of a fraud, as is pretty evident from so much of the transn.ction as we are made acquainted with, before we decide -to pay any sum of money, 

however small, to one of the parties or the representative of one of 

the parties, to this fraud ; for. nothing can be clearer than that the 

agent of the Government who put this property, ch urches, stores, 

and mills upon this land wa.s perfectly well aware that the Government in some senl';e had parted with the right to control the land- not 

the ownership of it, not the fee of the land. It was dedicated to a certain pmpose in the hand" of the missionary society ; but I do not 

believe from t he statute t.hat it was an alienable title which the so- ciety took from the Government. There are no words in it that au- thorize the society to alienate the title. At any rate we should stand 

where we are, and not be deterred by the idea that a claim may ~w:ise 

years hence of $50,000 or $100,000. We should not allow a party to a fraud to take $20,000 or 10,000 or $10 out of the Treasury through 

the fear that this Government cannot re ist those parties. The excuse that the Indian agency and the buildings of the Government and other property were put upon the missiona.ry lands for 

the pmpose of defense against the Indians is absurd, inasmuch a.s the missionary agency was there, if these Indians were hostile, under 

the protection of the Government, and the Government had the P.Ower 

to protect its own agents elsewhere as well as upon the property of 

the missionary society. My judgment is that the design of this proceedino-, as it originated in Idaho, (without the knowledge of comse of any0 

member of any committee of either branch of Congress,) is to 

take from the Government money through a fraudulentintent. 

The PRESIDING OFFICER. The question is on concurring in the 

amendment made as in Committee of the Whole, upon which the yeas 

and nays have been ordered. The question being taken by yeas and nays, resulted- yeas 26, 

n ays 19; a.s follow : 

YEAS-Messrs. Alli on, Ba:va.rd, Bogy, Buckingham, Ca.rpent.cr, Clayton, Con· over Cooper Davis Fen-y of 'Michigan, Flanagan, Gilbert. Gordon, Hamilton of 

Maryland, Harve.~ 'Kelly, McCreery, Mitchell, ~orrill of Maine, Oglesby, Pease, 

Ran..c:;om, Sargent, ;:,tockton, Thurman, and Wa.tllei~h 26. 

NAYS-Messrs. Alcorn, Boutwell, Chandler, Etlmunds, Fenton, Frelby~huysen, 

Goldthwaite Hager, Ha.milton of Texas, Howe. Ingalls, Merrimon, Morrill of Vermont, Rollortson, Schurz, Scott, Stewa.rt., Tipton, anrl Wright-19. .ABSENT- Messrs . .Anthony, Boreman, llrownlow, Cameron, Conkling, Cragin, Dennis Dorsey, FciTy of Connecticut, Hrunlin, Hitchcock, Johnston, Jones, Lewi~:~, 

Loga.n,'Morton, Norwood, Patterson, Pratt, Ramsey, Saulsbury, Sherman, Spencer, 

Sprague, Stevenson, Washburn, West., and Winuom- 28. 

So the amendment was concurred in. The next amendment made u.s in Committee of the Whole was in 

line 507 to increase the a.ppropriation for surveying the public lands 

in Nebra-ska from $40,000 to $80,000. · . The amendment was concurred in. 

The next amendment made as in Committee of the Whole ·vu' in 

line 529 to increa ·e the apvropriation for surveying the public lands 

in Idaho Territory from $JO,OOO to $30,000. 

The amendment was concurred in. The next amendment made as iu Committee of the Wbole was in 

line 533 to increase the appropriation for surveying the public lantls 

in New Mexico Territory from '20,000 to $30,00(}. The amendment was concurred in. The next amendment made as in Committee of the Whole was in 

line 555 to increa e the appropriation for surveying the puLlic lands 

of Oregon from $40,000 to $60,000. · The amendment was concurred in. The next amendment made a· in Committee of the Whole was in 

line 563 t.o increa o the appropriation for surveying the public lands 

in Washington Territory from $40,000 to $60,000. The amendment was concurred in. 

The next amendment made as in Committee of the Whole was after 

line 612 to insert : 

For the necessar:y expenses of the land office at the Dalles, Oregon, for salaries 

and commissions ot the register and receiver for the fiscal year ending June 30, 1875, 

$6,000, and for incidental expenses of said office, ·1,0110. 

The amendment was concurred in. The next amendment made as iu Committee of the Whole was after 

lino 615 to insert: 

For IP.thlng and pl...'l.stering the undor surfaco of the roof a.bovo the coiling of the 

Sonate Chamber, $4,000. 

The amendment was concurred in. 

The next amendment made us in Committee of the ·whole wa.s after 

line uH:> to insert: 

For a new steam-pump to snpply tho tanks located in the attic of tho Sena,te wing of the Capitol, $800. 

The amendment was concurred in. 

The next ameuument made as in Committee of the Whole was after 

line 621 to insert : 

For replacing tho defective portion of the roof on the Capitol nea.r the Dome by a 

copper roofing of fire-proof con truction, _a.D(l for erecting fire-walls,- S15,000: Provided, '!'hat the old materia.ls shall be remanufa{lturod and usetl in the repairs of 

the CapitoL 

The umenO.ment was conculTed in. 

The next amendment made as in Committee of the Whole was after line 626 to insert: 

For a commis ion, consisting of Fred. Law Olmsted, of New York; William 

Hammond Hall, of San Francisco, an!J H. W . S. Cle,eland, of Chicago, to consiucr and reportt{) Congress at its next session by what economical mea.surcs the great- est public value may be given to the connected seriell of Go,·ernment grounds, in· 

eluding those ofthe Capitol and those of the Executive .Mansion, the sum of $1,!)()(). 

The amendment was concurred in. The next amendment made as in Committee of the Whole was after line 634 to insert the following : 

For improvement of Capitol grounds, according to the plan!! an<l under the gen- eral direction of Frc(l. Law Olmst{}d and tho Committee on Public Btliltlin~"S anJ 

Grounds o! the Senate, to be expended by" the a.rchltoot of tho Capitol, $200,000. 

!ih. SARGENT. At the time that amendment was adopted in Com- mittee of the Whole the Senator from Wisconsin [Mr. HowE] stated 

that he would- consider that matter and offer an appropriate amendment. I think from what he outlined his idea wa th:tt it shoul<l be 

under the cha.rge of the chairman of the committee of the Hon e and 

the chaii·man·of the committee of the Senate; the House woulu hardly 

agree that this improvement should be under the ole contl·ol of the 

Senate. I ask if he is ready with his amenclment f If not, I will move that a.mondment. Mr. MORRILL, of Vermont. I hope there will be no such amendment ofiiwec.l. 

])h. SARGENT. Then the words "aml the Committee on Public 

Buildings and Grounds of the Senate" should be stricken out. I move to stl·ike out tho"se words. The amencl.ment to the amendment was a.greed to. The amendment, as amended, was concurred in. The next amendment made as in Committee of the Whole was to stri~e out lines 639 to 642, inclusive, in the following words: 

F.:>r improving the C'l.pitol grounds, for coping and flaggin~ the foot-walks around 

thu sam&, and for paving the roadway at the eastern front, 125,000. 

The amendment was concurred in. The next amendment made as in Committee of the Whole wa.s in 

line 647 after the words" engine-house" to insert "and stable," a.nd 

in line 649 to increase i/he appropriation "for the pmpo e of rcctin!? on Ca. pi tol Hill near the C:.tpitol building a suitable engino-hons' antl 

stable to supply the place of ongine-houSo No. 3 recently ordered re- moved by Congress," from $10,000 to $15,000. 

The amendment wa-s concurred in . The next amendment made as in Committee of the Whole w.a.s to 

strike out lines 650, 651, and 652 in the following words : 

For preserv'~>tion and repairs of the United States court-house in Washington 

City, formerly known as the City Hall building, $3,000. 

And to insert in lieu thereof: 

For extending court-bouse (old City Hall) in the city of Washin!rton, in a.ccord· ance with plans of the architect of tL.e Capitol, to be approved by the S "rctar,\· of 

the Interior, for the a{)Commodation of the District court.'!, Conrt of Claims, rud tho 

Pension Office, and for making the neces!!a.ry repairs to the old building, '150,000. 

Mr. HOWE. 1\lr. President, when that amendment was before the 

Senate as in Committee of tho Whole, I asked t-he chairman of tho 

Committee on Public Builc:lings and Grounds to consent to an amendment. which wo.uld allow the architect either to extend the present 

building or to erect a new one. That propo~ition wa-s d clineu. I 

did not then know, I had not then seen, the plan which it seems now has already been provided for extending the present building. Since 

that time I have seen that plan. I have no hopo of changing tho 

purpose of the Senate to agree to that. I only want t.o enter my protest against it. I do think it would beagreat calamity to mako this 

appropriation and to undertake to extend that builcling. It will bo 

simpl.v erecting a permanent scab on tho finest square in the city, to 

spread over tho whole territory there between D and E streets an cn- lar~eruent of the horse-balTacks whi_ch already stand there, and 

whwh will be a monument for postenty to swear at as long as the 

building stands. [Langhter.] I wa,nt to save myself from recei¥ing au y of those anathemaa. The traveler who hereafter shall have occasion to leave East 

Ca-pitol street and go to Seventeenth street will _pass by tho e buildings to start with. On his way, he will encounter the Post Office, the Interior Department, the 'I'reJsm-y building-, and he will lJrin~ np 

at that new State Department which is now bemg erectecl-buildmgs 

that are not excelled by any in the world; but on his course he will 

have to pas the building whlch my excellent friend from Vci"mont 

designs placing on this splendid square. I do not think any man of a seusitivc nature can travel over that whole conrso without being 

thl'own into a fever autl ague. [Langllter.] I shall ha\o to take the 
1874. CONGRESSIONAL RECORD. 5283 

avenue after that building is put up, for my constitution will not 

staud that route, I know. [Laughter.] - Mr. MORRILL, of Vermont. The Senator from "Wisconsin has a happy faculty of making even respectable things look ridiculous 

whenever he attempts it. The idea of the committee that reported 

this amendment was that we should have some means of immediate 

accommodation for the courts of the District, fl)r the Court of Claims, 

and for the Pension Bureau now confined to the Seaton House ; and 

this building can be extended under the general style which it now assumes, fronting on Four and a half street, and make a very respect- a.ble appearance, and furnish a very large amount of accommodations, 

aml that at an early day. It is economy to finish this building and 

furnish quarters for these courts, for the Pension Bureau, and for the 

Court of Claims. 

I do not think that the builcling as it is proposed will give the fever 

and ague generally; and unless the Senator from Wisconsin is predisposed to that ailment, I do not think that this building when 

erected will produce any such results. The whole building can be 

completed at $239,000 additional cost. We propose t.o appropriate 

$150,000 of it this year and the balance next year, and the amount 

appropriated for this year will furnish present and immediate accom- modation for the Pr:msion Bureau and the courts. Any gentleman ~ who desires to do so can see the proposed changes, as I have them 

before me, and they are not to be adopted until approved by a mem- ber of the Cabinet. 

Mr. HOWE. Temporary accommodations twice as large as are proposed here can be had by putting up boa.rd shanties or canvas tents, 

and then they can be ta.ken down when you no longer have any use for them, and they will not offend anybody. 

Now my hon01·a ble friend holds up here what seems to be the groundplan. If he will really resolve that into one or the elevations it will 

not be so offensive as the elevation that he has had drawn by the 

architect, [laughter;] and if he _would so amend his plan immediately it would be less offensive to me. I do not particularly distrust 

my own constitution; I never had the fever and ague in my life; and 

I do not believe I ever shall have, unless I am ca,lled upon to pass that 

building. There is what I suppose is one of the elevations, [exhibiting to the Senate.] I should be a little reluctant after aU to saythat 

it was designed for horse-barracks: It looks more to me like a national 

dove-cote. [Laughter.] 

Mr. MORRILL, of Vermont. I desire to say one thing about this 

proposition. If Congress is disposed to spread a. million or a million 

and a half of money for the same amount of accomodat.ions, so be it. 

In my opinion this builuing is not really subject to the criticism of 

the Senator from \Visconsin. It is not a beautiful building at all, 

and yet it is not such a monstrosity as he would represent it to be. I 

t.hink that for the sake of economy, and for the rea.son that we ought 

not at the present moment to launch out into very much more of an expenditure for this city at the present time, we ought to accept this 

proposition. 

The PRESIDING OFFICER. . The question is on concurring in the amendment. 

The amenclment was concurred in. 

The next amendment ma,ue its in Committee of the Whole was to 

inse_rt after line 664 : 

To secm·e the foundation walls anrl fit up rooms in the basement of the General 

Post-Offioo building "100,000, or so much thereof as may oo ncoos8:1ry. 

- The amendment was concurred in. 

The next amendment made as in Committee of the Whole was after 

line GHS to insert: To pay the indebtedness incurred_am1 now due, and to pay, in part, the expenses 

of the Reform School of the District of Columbia., for the fiscal year ending June 30, 1875, it being for food and clothing of the boys in said school, the snm of $15,000; to be deducted from any money hereafter a.ppropiiated for the District of Columbia. 

The amendment was concurred in. · 

The next amendment macle as in Committee of the Whole, in the 

appropriations for the Columbia Institute for the Deaf and Dumb, was after line 733 to insert: 

For continuing the work on the erection, and fitting up the builllings, of the institution, in a.ccorllance with plans he:cetofor e submitted to Congress, $20,000. 

The amendment was concurred in. 

The next amendment ma.Lle a-s in Committee of the Whole was after 

line 761 to insert: For the Women's Christian Association of the District of Columbia, $>"25,000; t~ b e expended for the sole purpof<e of erecting a builtling on the f_rround owned by 

said association in said District, upon and in strict conformitr. v.ith a plau for said 

building, which shall be prepared by the architect of the Capitol extension; and 

it shall not., for building a.nd furnishing, exceed the said sum of $25,000; and no money shall be paid under this appropriation until the Secretary of the Trea.sury 

shall be S!ltisfied that a contract, witll good s~curity for its execution, has been en- tered into for the erection and furnishii:Jg of said building, at a sum not exceeding 

the amount hereby appropriared ; and all payments for tile erection aml furnishing of said building shall be made by the Secretary of the Treasury directly upon vouchers to be approved by him: P -rovided, (and this appropriation is upon the ex- p ress contlition,) '.Chat none of the money hereby appropriated shall be paid by the 

Secretary of the Treasury until s:•icl association shall tile with the recorder of deeds 

in the District of Columoia. a declaration, executed and acknowledg:c;l in the man- ner in which deeds are required by law to be executed for record in -the District of 

Columbia, that said buildin~ a11d the lands on which it is erected, forever, shall be 

hold in trust by said :t8sociation, without mortgage or secnrity in the nature of 

mortgage, for the sole purposes of saicl association, as defined in its charter, of 

<late of December 13, 1870; and the filing of said declaration shall be regarclcd as notice to all persons who shall purcha.so said property or take any secm·i ty thereon. 

The amendment was concurred in. 

The next amendment made as in Committee of the Whole was on page 33, ~r line-792, to insert· For the Little Sisters of the Poor of Washington City, to liquidate a debt on the 

building and to complete said building, 625,000. 

The amendment was concurred in. 

The next amendment made a-s in Committee of the "'Whole was on page 35, after line 84:~, to insert: 

For building a sreamer for the Coast Survey, for use on the gulf coa-st, $76,000. 

The amendment was concurred in. 

The next amendment made as in Committee of the Whole waa a.fter 

line 849 to insert: 

For the maintenance and support of the Hyd~~aphic Office, including surveys of ocean currents, reefs, and shoals, and incidental expenses, $50,000. 

The amendment was concurred in. 

The next amendment made as in Committee of the Whole was on page 37 to strike out lines 888, 889, and 890, as follows : 

To pay commissions allowed by law to collectors of chstoms acting as superin- tendents of lights, $8,000. 

The amendment was concurred in. · The next amendment made as in Committee o' the Whole was after line 898 to insert : 

For re-establishing the light-house at Indian Island, n.t Rockport Harbor, Maine, 

$9,000. 

The amendment was concnrred in. 

Tht' next amendment made a-s in Committee of the Whole wa-s in line 

939, on page 39, to strike out "Navasink," and insert "New Brunswick," and to strike o1;1t the proviso commencing in line 939, as follows : 

Providea, That whenever it may become necessary, in the a.djustmei)t of boundary lines or in the opening or changin"' of necessary roadways affecting lands belonging to the United States and used for the purposes of the light-house establish- ment at Staten Island, New York, and at the Highlands of Navasink, New Jersey, or any part thereof, the Secretary of the Treasury is hereby authorized t.o execute for such purposes, touching the property above referred to or any part thereof, the necessary conveyances and assurances, and to receive in consideration therefor such ·other conveyances or assurances of adjoining lands, or of lands in the immediare 

vicinity, or other consideration, as may be agreed upon. 

The amendment wa.s concurred in. 

The next amendment made as in Committee of the Whole was to 

strike out the following clause, commencing in line 955: 

And the Secretary of the Treasury is authmi-zed to place a fog-bell (to be rung 

during the prevalence of a fog) at SllCh points at or near-the entrance t.o the harbor of New York as may be·designared by the proper officers; the expenses thereof to be paid out of any unappropriated money in the Treasury. 

The amendment was concurred in. 

1\fr. SARGENT. I move that with the exception of the amendment 

of the Committee of the Whole relating to the Light-House Board on the Mississippi River, the other amendments of the Committee of the 

W1wle be concurred in. 

The motion. was agreed to. 

Mr. SARGENT. In reference to that amendment--

The PRESIDENT p1·o te-mpore. The amendment will be read first. 

T4e CHIEF CLERK. The Senate, a-s in Commi-ttee of the 'Whole, 

struck out the following words, commepcing in line 1075: 

That the jurisdiction of the Light-House Board crea.t.od by the act entitled "An· act making appropriations for light-houses, light-boats, buoys, &c., and providing 

for tlle erection and establishment of t1e same a.nd for other purposes," approved August 31, 1852, is hereby extended over the Mississippi, Ohio, ami Missouri Rivers 

for the establishment o~ such beacon-lights, day-beacons, anil buoys as may bo e~essary f?r the use of v.essels n~~~ating tho~e stream!'; an~lfor this purpose the 

S::tid bo~rd IS hereby re_q:mrod to ?-xvwe the dcs1~~ted nvers mto one o: t;wo additional light-house distriCts, to be m all respects sunilar to tho already ensting li~J;hthouse districts; a.ntl is hereby authorized to lease the necessary gro'und for all such 

lights and beacons aa are used to point out changeable channels, and which ill con- sequence cannot be made permanent. 

Mr. SARGENT.- I a-sk on behalf of the Committee on Appropriations, after an inf<v:mal consultation, that that amendment be non- concurred in. 

Tne amendment was non-concurred in. 

Mr. SARGENT. On behalf of the committee I offer the following 

amendment, to come on page 26, after line 621 : · 

F?r salary of assistant engineer of the Senate in charge of the eievator and elevatorengme, $1,450. · 

The amendment was agreed to. 

Mr. SCOTT. I renew the amendment which I withdrew in Committee of the \Vhole, to which I presume there will be no objection. For compensation of the Assistant Secretaries of the Trea.sm·y, the Solicitor of the Treasury, and the Commissioner of Customs, each, $4,500 por annum; and a sum sufficient to pay the amount of increase of these salaries is hereby appropriarecl. 

The amendment was agreed to. 

!Ill-. STE_YENSON. I off~r ano~her amendmm1t which was objected 

to on a pomt of order, whiCh the Senator from Vermont has withchawn: · 

That tho Secretary of the Treasu;:r; be, and ho is hereby, authorized and dirootecl to pay tho late firm of DempS!3Y & 0 Toole, ~s inllemnit.yforlosssustain. cd uyt.hem by annulment of a contract with the Post-Office Department for fm'llishing st.ampetl envelopes and newspa-per wrappers, the sum of $29,433.89 : P1·oviclrd, Tha.t J1reviou~:~ 

tot he payment of the sum before meutioned tho said Dempsey & O'Toole shall ilclivm· 

up, to the :>atis~adion of the I'ostma.ster-General, all t1i.es anc} dandy -rolls by the!u usetl 

and providatl for the ma,n nf n.cture of the envelopes aforesaid : .rind provided .further. That the sum aforesaij shall be racaivod in full satisfaction f;n· a;ll ulaims and clu- mancls of the saicl Dempsey & O'Toole for or by r eason of the annulment of said contraet. 

Mr. WRIGHT. My recollection is that that is the same claim pr.e:- cisely which was before the (jommittee on Claims auu rejected. 
5284 CONGRESSIONAL RECORD. J UNE 20, 

Mr. STEVENSON. I know it is not. 

Mr. DAVIS. I beg to correct the Senator from Iowa. This is not 

the same claim, but it is a claim of the same parties. 

Mr. STEVENSON. I inquired into that point myself. The amendment was agreed to. _ Mr. SCOTT. I have an amendment that was left in charge of a member of the Committee on Finance who has been called out upon a committee of conference, one w hicb will require una.nimous consent, ·and when I state that the officer who sends it says that it will save $600,000 to the country, I presume there will · be no objection. The 

amendment. is to add as a new section : 

That so much of the act entitled "An act to make appropriations for sundry civil 

expenses of the GQvernment for the fiscal year endinJ; .Tune 30, 1874, and for other purposes," as provides "for replacing the worn ana mutilated circulating notes of national banking associations and for engraving and preparing, in such manner and an such paper and in such form and design a.<; the Secretary of the Treas- ury may prescribe, new circulating notes for such associations to r eplace notes of 

designs and denominations now successfully counterfeited, $600,000: Provided, That 

each of a said national banking associations shall reimburse the Treasury of tho 

United States the cost of the circulating notes fwnished under this provision," be, 

and the same is hereby repealed. 

Mr. ROBERTSON. I object to the amendment. Is it in order? 

1\fr. SCOTT. There is no appropriation in it, I will inform the Senator from South Carolina.. It is to repeal a section of a bill of last 

year. 

:Mr. ROBERTSON. I ask if that amendment is in ordert 

The PRESIDENT pro tempo-re. It is not if objected to. 

Mr. ROBERTSON. I object. 

The PRESIDENT pm ternpm·e. The Senator from South Carolina r aises a point of order, and the Chair sustains it. 

Mr. INGALLS. At the request of the Senator from New J ersey, 

[Mr. FRELINGHUYSEN,] who is temporarily absent from the Chamber, 

I offer the following amendment, to come in on page 60, line 1463 : 

To enable the Joint Committee on the Library of Congress to procure plans for 

ext-ending the east and west fronts of the Capitol so as to enlarge the accommodations for the Library and perfect the central building, $2,000. 

The amendment was agreed to. Mr. MITCHELL. When ·the Senate was in Committee of the 

Whole I offered two amendments to this bill which were obnoxious 

to an objection made at that time. The objection having been wit h- . drawn, I am encouraged to try them again. I offer the following 

amendment, t.o be inserted after line 5~8 : 

For this amount, or so much thereof a.~ ma.:v be required tomeetcertainindebted- ness on account of the Indian service at the Malheur reservation in Oregon during the fisc.'l>l year ending .Tune 30, 1874, $16,145. 

Mr. MORRILL, of Maine. Let the Senator explain the amendment. 

Mr. ROBERTSON. I object to the amendment. Mr. MITCHELL. I hope the Senator from South Carolina will 

not object. Mr. ROBERTSON. Is the amendment in order¥ 

The PRESIDENT p1·o tempore. It is not. 

Mr. ROBERTSON. Then I object. 

The PRESIDENT pro ternp<YI'e. The Chair sustains the poi:qt of 

order. , Mr. ANTHONY. On page 12, after line 267, I move to amend by 

adding: 

And the Congressional Printer is directed to bid for the s'l>me at the estimated cost of performing the work. 

I do not kno-;v why an exception is made of this work of printing 

to the general role that prevails throughout the bill. This work is 

the Official Postal Guide. 

Mr. SARGENT. I think the amendment is good. I should like to 

have the Public Printer compete for that printing. , Mr: ANTHONY. I was asking that some member of the committee 

would explain to me why it is that this work is made an exception to 

the general rule that nms through the bill requiring that all printing 

shall be done at the Government Printing Office. Mr. SARGENT. This is a clause put iu in the House. We did not see fit to strike it out or put it on any other, because we thought this 

work ought to be printed. The amendment now moved will certainly 

give an opportunity to the Public Printer tohavethemouey expended 

by him. The amendment wa.s agreed to. Mr. ANTHONY. I wish to offer another amendment which I can- not offer except by unanimous consent. Yesterday a joint resolution 

wa,s passed directing .the Congressional Printer to prepare a careful 

statement of the cost of printing the RECORD for a yea1·, in order that we might compare it with the cost of printing the debates at private 

establishments and with the estimates that might be ma,de by other 

parties. This cannot be done without an additional clerk. I there- fore ask leave to offer an amendment which I am aware is not in order 

unless by general consent. It comes from the Committee on Printing, and it is not in order only because it wa.s not referred to the Committee on Appropriations; but the Senate will recollect that it wn,s 

only yesterday that the joint resolution was paBSed which ma.de this n ecessary. The amendment is: 

For one clerk of the third class to keep the accoru1t.q of the CoNGRE SIOYAL R.RcOIW as required by tho joint resolution of'Conf..'l.'ess. 

Mr. ROBERTSON. I object. 

Mr. ANTHONY. Will the Sona.tor from Sont h Ca,rolina imlnlge mo py ::.tllowing me to suggest that Congress yestenlay diYectetl tltc Congressional Printer to do a certain thing ; that thing cannot be done 

without the employment of a clerk. Are we to order him to do a thing and then refuse him the means of doing it ' I think the Senator will withdraw his objection on that statement. Mr. ROBERTSON. I think there are quite enough items in the bill 

without making further appropriations. - • The PRESIDENT pro tempore. The Chair will submit to the Senn,te 

the question whether the amendment shall be r eceived. The question being put, it was declared that the ayes appeared to 

prevail. 

:Mr. ROBERTSON. I raise the point of order. 

The PRESIDENT pro tmnpore. The Senate have decided the point 

of order. 

Mr. SARGENT. The amendment being before the Senate, I move to amend it by striking out" third class" and insertin~ "first class." 

Certainly a first-class clerk should be competent for thJS business. Mr. ANTHONY. I a,ccept that. 

The amendment, as modified, was agreed to. 

lrlr. DE1-.TNIS. I rise to offer an ameudment-- Mr. ROBERTSON. I rise to a point of order. Is it quite fair that 

the Chair receives some a.mendments and objects to others 'I 

The PRESIDENT pro tempo·re. It is not. I t is ·in the power of tho 

Senn.te to do what they p lease. The Chair submitted the question to 

the Senate whether they would receive the amendment of the Senntor 

from Rhode Island, and they decided that they would, and the Cha.ir 

could not prevent it. 

Mr. DENNIS. I offer the following a,mendment : 

To enable the Secretary of the Senate to pa.y a sum sufficient to make the salaries 

of the principal clerk. principal executive clerk, minute and .Tournai clerk, anrl 

financial clerk of the Senate as follows: Principal clerk, ~.600 ; principal execu- tive clerk, minute and .Tournai clerk, ancl financial clerk, 3,000; and a Rum sulli- cient to make the :mnual s:~ laries of seven of the clerks in the office of the Sccrefx<try $2,592 each, $4.,836. 

The amendment was agreed. to. Mr. BAYARD. I offer an amendment, on page G6, after line 1624, 

to insert : 

For furniture, books, and paper-cases, gas-fixtures, cni]lets, and mats for the 

United States court-room md clerk's office, Wilmington, DeL'l>wnre, ~2,000 . 

The PRESIDENT pro tempm·e. Is there objection to t.he amendmentT 

Mr. ROBERTSON. I object; aud raise t.be point of order. Mr. BAYARD. May I state to my friend from South Carolina that 

this 'tlilendment is not objected to by the Committee on Appropriations. It is absolutely required in order to make these offices of use to the Government. l\fr. STEVENSON. I suggest that this amendment is in order. It 

is to carry on the public service. The amendment was agreed to. Mr. STOCKTON. I have an amendment to offer which is strictly 

within the rule, as I think. I am directed by the Committee on N av~ll 

Affairs to offer the amendment, and I desire to say in addition that 

the Naval Committee of the House have considered the proposition 

and have agreed to it, but the bi1l is not in a condition to pass in the 

Rouse at this moment, not being in accordance with their rules-- The PRESIDENT pro tempm·e. The Chair thinks it is out of order 

to refer thus to the proceedings of the ot.her House. The amendment 

will be sent to tbe desk and it will be r ev.d. Mr. STOCKTON. The amendment bas the approval of the Naval 

Committee, who have directed me to offer it. I gave notice of it somo days ago and it has been referred to the Qommittee on Appropriations, 

and I hope and believe tlie Commi tt.ee on Appropriations also approve 

of it. I will add that it is the settlement of a matter th::tt has Lecn 

often before the Senate and they have always been in favor of it; but we have never been able to get to a direct conclusion on the subject. 

I hope the chairman of the Committee on Appropriations will accept 

my amendment. · · 

The PRESIDENT 1J1'0 tmnpore. T}le amendment of the Senator from New Jersey will be read. . The Chief Clerk re::td tho amendment, as follows: 

That the Secretary of tho Treasury be, and be is her~ by, authorized anrl required to pay to tho widow of the late Rear-Admiral John ..A.. Dahlgren $50,000 for and on account of th~ pa~t use and the_ ri&ht hereafter to use, ~n the manufacture of ord- nance and proJectiles by the Umtea St..'ttes, each of the Improvements patent-ed by s:tid Dahlgren in the form, the mode of casting, and the finish of naval ordnance 

ancl in caRt-iron shells; and a sufficient sum for this purpose is hereby appropri- ated out of any money in the Treasury not otherwise appropriated. 

Mr. MORRILL, of Maine. ·That is too large a sum to go in this 

way. It bas not. been examined by the committee. I feel constrained 

to mise the question of orde-r on that. It is a private claim. 

The PRESIDENT p1·o tmnp&re. Does the Senator insist on the point 

of order~ 

Mr. MORRILL, of Ma.ine. Yes, sir. 

The PRESIDENT pro tmnpore. Tbe Chair sustains the point of 

order. 

Mr. STOCKTON. What is the point of order T The Senator rose and audressed the Chair in a tone of voice that I could not Lear. The PRESIDENT p1'0 tempore. The Senator from Maine will re- state his point of order. 1\lr. MORRILL. of .Maine. That it is a private c1aim. The PRES~E:W.f pro tcmpm·e. Tho Chair snstnius t.Le poiut of 

Ol'U\!I'. 
1874. CONGRESSIONAL RECORD. 5285 

Mr. STOCKTON. I should like to inquire as to that. This amend- ment was referreu to the Committee on Appropriations hy the Committ ee on Naval Affairs. I offered it by direction of the Naval Committee. 

The PRESIDENT pro ternpo1·e. The Secretary will read the rnle 

for the information of the Senator. 

Ur. STOCKTON. I know of no rnle that forbids it. 

The PRESIDENT pro tempm·e. The rule will be read. 

The CHIEF Cr.BRK. Rule 30 proviues at the close: 

And no amendment shall be received whose object is to provide fora private claim, 

unless it be to carry out the provisions of an existing law or a. treaty a tipula.tion. 

Mr. STOCKTON. On .the objection made by ·the Senator from 

South Carolina [Mr. ROBERTSON] a moment or two ago the Chair 

decided that the Senate had the matter in its own power and by a majority vote conld put any amendment on the bill. I now claim the 

benefit of that decision of the Chair. 

The PRESIDENT pro ternporn. The Chair will submitthequestion 

in this ca.se as in that. The question is, Will the Senate receive this 

amendment! 

The question being put, there were on a division-ayes 19, noes Z7. 

I\lr. ~COTT. Mr. President--

Mr. STOCKTON. I ask for the yea-s and nays. 

Several SENATORS. Too late. 

The PRESIDENT p1·o tmnpore. The Chair will entertain the call. 

The yeas and nays were ordered. 

The PRESIDENT pro tentpo1·e. The question is on receiving the ~.m ndm nt of the Senator from New Jersey. The point of order is 

raised that the amendment is excluded lJv the rule. Tho Chair is of 

tlw.t opinion, but at the request of the Senator from New Jersey, submHs tiJ.e question to the Senate. 

l\fr. STOCKTON. I withdraw the request for the yeas and nays. 

The PRESIDENT pro tempore. If there be no objection, tho call 

for the·yeas and nays may be withdrawn. The Chair hears none. 

The amendment is not received. 

Mr. SCOTT. The Senator from South Carolina gave me to understand that he wonld withdraw the objection which be made to the 

amendment I offered a few minutes ago, coming from the Comptroller 

of the Currency. · Tho PRESIDENT pro tentpm·e. It will be again read and regarded 

as a new offering of the amendment. 

The Chief Clerk r ead the amendment, as follows: 

That so much of tho aot entitled "An act makin~ appropriations for sundry civil 

exponseR of tho Government for the fiscal year ending June 30, 1874, and for other 

pul'poses," as provides "for r eplacing tho worn and mutilated circulating notes of national banking as ociationa, and for engraving and preparing, in such manner and on 1mch papor and of such form and design as the Secretary of the Treasury may re~;crib , new circulating notes for such associations to r eplace notes of a dosign an1l denomination now aucce sfully connteifeited, $600,000: Provided, That each of 

said nation'\1. banking ru~ ociationa shall r eimburse the Treasury the costs of the 

circulating notes furnished under this provision," be, and the same is hereby, re· pea-led. 

Mr. ROBERTSON. I withdraw my objection. 

Mr. MORRILL, of Mu.ine. I should like to have a statement as to 

that. 

l\lr. SCOTT. I will send to the Chair a letter which ha.<J been re- fen-ed to the Committee on Finance in reference to that amendment. 

The Secretary read the following letter: 

TREASURY DEPARTMENT, 

OFFICE OF THE COMPTROI.LER OF THE CURREKCY, 

Washington, D. 0., June 13, 1874. 

Sm: I a.m quite confident that there will be no objection on the part of the Appro. priation Committee to insert in the sundry civil appropriation bill a paragraph pro- vidin~ for the repeal of an item in the snntlry civil bill for the fiscal year ending 

Jtme 30, 1874, providin~ for tho engraving of a now issue of national-bank notes, 

and I will thank you, if consistent with your views, to suggest to Senator MORRJLL, 

of Maine; an,d other Senators upon that committee the necessity for such legislation. 

Very respectfully, 

Hon. JUSTIN S. MORRILL, 

United States Senate. 

JOHN JAY KNOX, Oomptroller. 

Mr. MORRILL, of Maine. The amendment I understand comes 

:from tbe Committee on Finu.nce ¥ 

Mr. SCOTT. The membe1-sof the Committee on Finance have con- ferred together. The obligation remains to provide for the engraving 

of these new notes with this appropriation of 600,000. It cannot be 

done with that amount of money, and therefore it is a saving to the 

Treasury to repeal the clause altogether. There is no new appropriation. 

The amendment was agreed to. 

Mr. MORRILL, of Vermont. I am directed by the Committee on Public B11ildings ancl Grounds to offer the following amendment: 

For additional pay to Willia.m E. Webster, assistant engineer of the Capitol in 

charge of the elcctnc lighting apparatus of the Senate, i-100, to take effect from and 

after the pas age of this act. 

Ir. SARGENT. What wlll that make his pay f 

fr. MORRILL, of Vermont. I will make a statement in r elation to 

this nmcudment. I han been informc(l thn.h the pn.y of this engineer 

waH t.i.Je ::~n.mo n.s that of the engineer in the llou e, who only ha charge 

of t he li~hting overhead, but that is .a mistake. He has the su.me pay, but no works throughout the day below ::md at night above, 

tloiug a day's work thronghouli the uay aou tbcn tl.lli; iu audition. It 

seelUS to me that he is one of the hardest working men there is about 

the Capitol, and it has been the judgment of most of. those who are conversant with the matter that he ought to have this addition. 

Mr. SARGENT. The Senator has not answered my question. 

Mr. MORRILL, of Vermont. He gets 1,400. . 

1\lr. SARGENT. That is reasonable. 

The amendment was a(J'reed to. :Mr. MITCHELL. I offer the following amendment: 

For this amount; or so much thereof as may beroquired to meet certain indebt· 

edness on account of the Indian service a.t the Malheur reservation in Oregon during 

the fiscal year ending June 30, 1874., 16,145. 

Mr. ROBERTSON. Ha-s not that been ruled out of order already! 

1\Ir. MITCHELL. I ask that it be subi:nitted to a vote of the Senat.e. It is recommended strongly by the Department of the Interior, 

and also by the Committee on Indian Affairs. .Mr. ROBERTSON. I raise the point of order. The PRESIDENT 1n·o ternpm·e. The amendment wa offered once before and ·ruled out of order. .At the request of the Senator from 

Oregon, the Chair will submit the question to the Senate. 

Mr. MORRILL, of Maine. I wish to raise the point distinctly 

whet.her that is a question to be submitt.ed to the Senate. 

The PRESIDENT pro ternpo1'e. The sixth rule provides that the 

Chair may submit every question of order to the Senate. Whenever 

the present occupant of the chair is appealed to by any Senator to do so, 

after stating his own opinion, he will always comply with that request. 

1\Ir. SARGENT. If the question is whether the Chair ha-s correctly 

construed the thirtieth rule, then unmistakably we must all vote 

"n,y." On that naked question of law, which add.resses itself to 'our honor and our respect for the Chu.ir, we certainly must vote "ay." 

If it is a mere question whether we will oblige another Senn,tor or whether we will allow this appropriation, that is different. 

The PRESIDENT p1·o tempo-1'e. Submitting the question to the Senate is undoubtedly in the n ature of an appeal, but a short-hand way 

to that resnlt. :Mr. SARGENT. That is what I wanted to know. I shall vote with 

the Chair. 

rhe PRESIDENT p1·o tmnpm·e. The Chair submits the question to 

the Senate whether the amendment shall be received. 

Mr. FERRY, of Michigan. I a-sk in voting on this ought we to 

vote acco;rdinG to our view of the merits of the question, or on th~ 

ruling of the chair ' · The PRESIDENT p1·o tentpo1'e. The Chair cannot advise Senators. :Mr. FERRY, of Michigan. I want to nndm-st:md this matter. Are we to vote on the merits'# Here is a distinct rule u.nd the Chair rules 

upon it. It seems to my mind that we shonld sustain the Chair; elsu 

there is no order in the Senate. 

The PRESIDENT pro tempore. The Chair has statecl his opinion 

upon the wording of this amendment, that it is not in order. The 

rule, however, provides that the question of order may be submitted 

to the Senate. The rules are the rnles of the Senate, not of the Chair. 

The Senate is nnquootionably under obligation to enforce its rules as much as the Chair is. The Chair now submits the question to the 

Senate. 

Ji{r. FERRY, of Michigan. I only .inquire for information; I clo 

not wish to take np time. I do not make a point on this particular case becau e I am inclined to vote for this amendment, but as a que ·- tion of precedent and a to the order of the Senate, my impression is 

that the questions which have been submitted to the Senate havo 

been on propositions that have been germane to the subject at issue, 

but in other instances where there has been a question nuder this 

rnle the amendment proposed did not come under the rule and has 

been ruled out of order. Suoh a case is not generally submitted to 

the Senate. W'hile I am disposed to vote for the amendment aml 

shonld like to vote for it, yet on the question of the con truction of 

the rnle I feel it to be my duty to be as strict as I feel the Senate 

ought to be toward any one who occupied the chair. 

l\.h. BUCKINGHAM. i understand the Chair to have decided that 

this motion is not in order. 

The PRESIDENT pro te1lt]UJre. The Chair ha so decide(l. · Mr. BUCKINGHAM. I wish the Chair to put the question to tho 

Senate whether the decision of the Chair should be sustained. 

The PRESIDENT p1·o tmnpore. That cannot be done unless there 

is an appeal taken; but the Chair submitted the question to the-Senate, which the Chair understands to be the same thing a-s an appeal; 

and every Senator, the Chair supposes, will vote on this question as he would decide upon it if he were iu the chair. 

Mr . . MITCHELL. I hope the discussion on the point of order will 

not prejudice this vote. It is a precisely parallel case to some three amendments offered which have been submitted to the vote of the 

Senate on their reception. :Mr. MORRILL, of 1\faine. The Senate ou~ht not to insist that for 

the sake of getting in any proposition of this description we shonld 

violate the rules of tho Senate. 

fr. MITCHELL. I only a k that the same rnle be applied to this 

amendment that has lJeen applied to two or three others within the 

lnRt. lt:tlf-hom. 

Mr. MORRILL, of M::tinc. Th::tt is a misconception. Tho Senate 

cannot, for the sake of putting upon this bill a claim which is ex- cluded by the rul es in t he sense of the Chair, nnl esR wo believe that he 

has ruled incorreetly, overrule the Chair without overru.lillg the ruler:; 

of the Senate and demoralizing the body. 

-
5286 CONGRESSIONAL RECORD. ·J UNE 20, 

Mr. MITCHELL. I concede that this amendment is technieally 

obnoxious to the rnle. I am now appea.ling to the Senate, and ask 

that the same indulgence be extended to it as to others. Mr. MORRILL, of ~bine. That can only be done by general consent. Mr. STOCKTON. I desire to say in reference to this question of order 

that the Senate cannot by a majority vote nspenu a rule of the Senate; and when the President rule<l against the Senator fi·om So nth 

Carolina in a former case aud held that the amendment to which he 

objected could be put to the Senate, I thought the Chair .was mis~akon . 

Afterward I offered an amendment myself fi·om a commtttee, w1th the 

hope and belief t.hat it would be accepted, having given notice of it 

to the Committee on Appropriations. I made the same point and 

claimed from the Chair the decision which had been made in the 

matter objected to by the SomLtor from South Carolina. The PRESI DENT pro tempore. The Cha.ir made precisely the same 

decision in both cases. Mr. STOCKTON. Precisely. Tho Presiden~ anticipates whn.t I was going to say. He mooe preci ely the same ruling, and I have no fault 

to find with the fact in making my point now that he was wrong in 

the first rnling. I then attempted, believing that I was right, to take 

advantage of the ruling of the Chair; the Chair then submitted that 

question to the Senate, and I called for tho yeas and nays; but in- stantly perceiving, as I believed, that the Chair had been wrong in the 

first ruling, and that be wa.s also wrong in .the rnling that I had a right to ask the Senate to vote in reference to the const1·uotion of 

it own rules to adopt my amendment by a majority vote, I rose and 

withdrew the call for the yeas and na.ys. I have felt it my duty before thi1:1 question is put to the. Senate to 

state that fact. l'Yly amendment was not a personal one; 1t was not a private cla.im in some senses. The matter had been before Congress so long, before the committees so frequently, and was so perfectly 

understood by the Committee on Approprir~ctions, that I hoped antl 

expecteLl them to assent to it. They did not, however. I do not be- lieve I had a. right under tho rule to force tha.t appropriation on the 

bill oven if I got a maJority vote for it. :My impression is that the 

Pre ident was wrong in his original ruling on the matter raised 

by the Senator from South Carolina, aml tllat yon uannot violate a deliberate rule of the Senate by a majority vote; and if you so decide 

you see what it comes to. There is not one of us that cannot get any 

private claim put on the sundry civil bill in spite of the rnle by going 

around a.nd getting 6ne majority in the Senate. The object of the 

rule is to prevent that. The object of permanent rnlos is to control 

the majority in their action at the moment. I make my point very 

respectfully, and I oilly {lo it because I think I was wrong in :1Sking 

the Chair to decide in my case as he had before decided in tho ca e of 

t.ho Senator from South Carolina. The PRESIDENT pro tempore. The sixth rule, among other things, 

provides as follows : 

Ami every que tion of order shall be decided by the ~.sidinl7 Offict\r, without 

del.Ja.to, t;ubjecL to an appeal to the Senate ; and the Presiding Officer may call for 

tho sense of the Senate on any quostion of order. 

Upon the first question just referred to, at the suggestion of Senators, the Chair submitted it to the S nate, and the Senate passed upon 

the point of order. When tho next question arose the Chair ruled 

the amendment out of ortler as he had tho first. At the request of a Senator, however, he stlbmitteu the question to the Senate. The 

Senn.te ruled it out of ortlor. The Senator from Oregon now submits an amendment, arid the Chair has o:xpress<xl his opinion upon it, but at 

the reque t of the Senator from Oregon he submits it to the Senate, 

and the Senate will declare whether they will enforce their rules or 

violate them. Mr. ANTHONY. "I think the Senatorfrom New J ersey, [Mr. STOCKTON,] I am sure unintentionally, did injustice to the first decision of 

the Chair. I did not understand the Chair to decide that t he motion 

which I made was in order except by unanimous consent, and when 

I ma.de it I statecl th at it required unanimous consent, and I understood the Chair to pu t. it to the Senate for a unanimous vote, and it 

waf) so decided. The Senator from South Carolina rose to an objection, but the question hacl been decided, and it was after unanimous 

consent had been given. 

Mr. ROBERTSON. The Senator is mistaken ; I did not do any 

such thin~. . 1\lr. MITCHELL. I will now state to the Pres1dent and t-o the 

Senate that unless tho objection is witlldrawn so that I have unani- mous consent to o1Jcr the amomlment, I shall not press it. I would 

appeal to tho Senat.or from South Carolina.' 

Tho PRESIDENT p1·o tempore. Is there objection to the amendment'f 

Mr. FERRY, of Michigan. I hope there will be none on that gronnd. 

The PRESIDENT pro tempore. The Senator from Oregon now 

states that 1mlcs rmaniruons consent. be given to offer this amend- m nt he will withdt aw it. Is that Ullanimous consent given T 

Mr. ROBERTSON. I have objected. 

The PRESIDENT p1·o tmnpo1·e. The Senator from South Carolina 

still objects. 

Mr. :MITCHELL. I withdraw tho amendment. Mr. STOCKTON. I uesire to say in reply to the Senator from 

Rhode Island. that that amendment to which he referred was not auopted by unanimous cousent. He is D.l.llitaken, because we heard 

the Senator from South Carolina objecting at the time, ancl the f!uestion would not have been put to the Senate on the point of order if 

there had been una,uimous consent. I desire to call attention to the 

fact that it was an amendment from no committee and it was n.u amendment that was offered without notice. My amendment I was authorized to offer; I gave notice of it four or five days ago and sent 

it to the Committee on Appropriations. The result is that one amend- ment is put on the bill hy the decision of the Chair without unani- mous consent a.ud my amendment was ruled out. That was the rea:son I took advantage of the point of order made; but believing, as I saitl 

before, that the Chair was wrong in its first ruling, believing that 

the Senate could not violate its own rnles by a majority voto, I preferred not to call for the yeas ancl nays or to insist on tho call. I 

think the decision of the Chair in the first place was wrong. The PRESIDENT p1·o tmnpore. The Senator from Now Jersey is 

laboring under a great misa~prehension if he understood tho Ch::!ir 

to ·intimate or express the opinion or to say that tho Senate could 

violate its own rules. On the contrary, the Chair sa omitted to the 

Senat-e the question whether it would obey its own rnles, aml it 

decided according to its understanding of the rule. 

Mr. STOCKTON. I deny the power of the Senate to decide that 

it will not obey its own rules. I make that point of order. 

The PRESIDENT :zn·o ternpore. The Chair will read to the Senator once more : 

An<l every question of order shall be decided. by the Presiding Officer, without 

debate, su~;cct to an appeal to t.he Senat~; ::mfl the Presiiling Officer may roll for 

the sense of the Seuate on any question of order. 

Mr. FERRY, of Michigan. I should like to ask one question here. Has it not been the practice of the Chair to submit a question before 

himself ruling on itf Where there has been a question of donut, 

has it not then been the pra-ctice for the Chair to submit that question without previously ruling on the·caso In this ca e the Chair 

has ruled in advance, and at the request of some Senators has submitted tlle question to the Senate. If the Senate resorveu its rigllt 

and exercises its power to overrule the Chair, I a.sk the Chair antl the 

Senate how can we pre erve order in the Senate 'f 

Mr. ALCORl~. Upon this question-- The PRESIDENT pro tempm·e. Upon which question f 

Mr. ALCORN. The question just snllmitted. The PRESIDENT pro tempore. There is no question submitted. 

If there be no further amendment-- Mr. ALCORN. I have an amendment to offer. The PRESIDENT pTo tempore. The Chair will receive it. 

Mr. ALCORN. I offer the following amendment : 

SEc. -. That the Secret..'tl'Y of War be, and be hereby is, authorized and required to order tho Chief Engineer of the Army to causo to be mado, without delay, such 

e:-.:plorations, surveys. and drawings a.s may 116 sufficient to enable him to apply the sum of money herein appropriated in the mo~t economical and practical form, so as to me t tho demaml for mliDOlliate and pre~~ing roliof to tho leveo districts in the 

States of Missi sippi, A.rkan as, and Louisiana, and close, a~ far a.s may be, all cre- vasses or broken sections of the levee in the districts nameu in tho roo t sufficient 

and permanent manner possible under the circumstances, and so to apply tho fund as to give relief to tho laJ·gest a!ITicu.ltural area;!, and thereby preael've the cotton and sugar ciistricts from fntm·e ili.sasters from the floods of tho Missi sippi River. 

SEC - . That the said Secretary of War be authorized and eiDJ?OWOred to negoti- ate and contract with the several levee boards, or with the riparian owner of the 

land, or with the governors of the States named, for that temporary jmisdiction nece ~ary t~ the work, and for rights of way and cuts for dir·t without cost to the 

United States, so as to avoid all conflicts of ,juri.':Mliction in a work undertaken by the uational authority upon the urgent appeal of the people most diJ:cctly interested, 

a.ml by the Repre-senl:.'ttives of these tates in Congress declared to boa task impo~­

sibleof ::wcomplishment by the States or people involved in the ruins wrought by 

the flood just now receding from the districts named. And the said ecretary shall, U.'i far as is practicable, cause the work by him done to harmonize in its execution 

with the local Jaw~ governing the con truction of the public levees, and to do all 

elso that ma.y be nece sary and proper to execute the <Te.'lign of Congress and give 

all possible relief to tho conn try. And shonld any conflicts arise or protest.'! be made 

by the levee boards orland-o>\'Ilers along tbelino of said works tlluchin~r the action 

oi t.ho en ~iuecr in charge, appeal may be mado to tho Secretary of \Var, who e decision sha U be final. 

SEC. -. That the work herein contemplated shall be held to exten<l to all levee 

work of whatever kind necessary to close broken sections of leveo resulting from cre,asse or otherwise, and to all repairs proper to old work which may bo held 

noccssary to the Jar(!P.St po sible protection. 

SEc. -. That thA works lwrein contemplated shall bo let out to contractors, and, as far as is possib1o "ilh tho economy o.f tho case, employment shall b given to the 

suiferors by ilood, that. their calamity may bo so amoliorat.cd a.sto supplythf'm with 

the opportunity of earning bread whilo contributing ln.bor to a work for the pro- tection of their farntli it~ l.Jein~ done. 

SEc. -. 'I bat tho sum of 2,000,000 is hereby set apn,rt in tbe Treasury, out of any 

money not otherwise appropriated, for the execution of the work contempla.t\ . .'fl in 

this a.ct, subject to the order of the Chl~f Euf..ri?Cer of the Arl!lY, cotrntcr::riguodl.Jy the Secretary of War, anu may, from time to timE', bo <lrawn ll1 t;OCh Hums as may 

be neces ar.v for tho pUI·poses of this a.ct; and the Secretary of War may, at his 

option, detail a payma~ter from the Army, aml place him in readiness to moot ilie necc. sary f1emamls, so tb~t contractors and employes may be promptly paid. 

SEc.-. That one-half the appropriation herem made shall be expended in the district an<l within the State of Louisiana; and the remainin~ half shall be expended, one· half within the State of Mississippi and the other nnlf within the State of 

Arkansas. 

S.cc. -. That. the Secretary of War make a report to the next session of CongrPss, 

dotailin:! tho work done under this act, with such explanatory sug""o tions as may be proper to represent clearly his action in tllis behalf. 

:Mr. MORRILL, of Maine. I hope my honorable friend has in some sense accomplished his object by haYing that read as a proposition 

which he thinks very desirable, l'tnd t.hat therefore he will not think 

very unkindly if I raise a question of order upon it. The PRESIDENT vro tempore. The Senator from Maine will state 

his point of order . 

. 
1874. CONGRESSIONAL RECORD. 52R7 

l\lr. MORRILL, of .Maine. It is legislation. The P.R.ESIDENT p1·o tempore. The Chair sustains the point of 

order. Mr. STEW ART. I offer an amendment to come in on page 24, lino • 572, after " 40,000." 

The Chief Clerk read as follows: 

P.rovided, That the portions of the Union Pacific Railroad and the Central Pacific 

Railroad, a.nd their branches upon which trains have run (lurin_g the last year, are hereby accepted as completed, within ·the meaning of the tbiru section of the act ap11rovetl July 1, 1862, entitled "An act to aid in tho construction of a railroad and tclc~-a.ph line from the Missouri River to the Pacific Ocean, ancl to secure to the 

Gilvernment the use of the same for postal, military, and other purposes;" aml 

patent shall issue for the lands granted in aid thereof a~ rapidly as the surveys of 

the United States aro extended. 

Mr . .ANTHONY. i rise to a point of order. 

M..r. STEW ART. Why'J I think this will be unanimously adopted. 

Mr. ANTHONY. It is legislation. 

Mr. STEW ART. There is a. bill on this same subject that ha.s passed 

the House of Representat.ives. 

Mr. ANTHONY. I have not ch:1rge of the bill. 

Mr. STEW ART. This relates to surveys, and that is in order I 

think. I hope the Senator will not object, but allow me a hearing. 

first be paid into the Treasury of the Unitell Sta.tes the cost of surveying, flelocting, 

and conveying the same by tho said company or party in int~r t as the titles shall 

be 1·equire<l by said company, which amollllt shall, without any further appropria. 

tion, stand to the credit of the proper account, to be used by the CommissiOner of 

the General Land Office for the prosecution of tl1e survey of the public lands along the line of said roa!ls, and so from year to year nntil the whole shall be comp1etea., as provided nuder the provisions o£ this act. 

By this section, whenever the company want lands they may make 

the advance and have them surveyed. The language is, "as the 

titles shall be required by said company." '!'here is nothing in the 

act compelling them to pay the cost of survey and take out pat.ent . They are to do this only when they require the titles. In 1869 Congress passed another act, the second section of which reads a-s fol- ~ws: · 

SEc. 2. And be it further resolved, That, to ascertain the condition of the Union 

Pacific Railroad and the Central Pacific Railroa.cl, the President of tho Unit.OO. 

States is authorized to appoint a board of eminent· citizens, not exceeding five in 

number, and who shall not be interested in either road, to examine and report upon 

the condition of and what sum or sums, if any, will be required to complete each 

of said roads, for the entire length thereof, to the said te1minus a~ a. first-class 

railroad, in compliance with the several acts rela.tinrr to said roads; and the ex. pense of snch board, including an allowance of ten dollars to each for their serv- Ices for each day employed in such examination or report, to be paid equally by 

said companies. Mr. il"'THONY. I will not object; but it is out of order. 

The PRESIDENT pro tempore. As much of the amendment as has This commission made their examination, and on the 30th of Octobeen read is clearly out of order. her, 1869, reported that it would require an expenditure of $576,650 

Mr. STEWART. It has not been all read. to complete the Central Pacific Railroad, and 1,586,100 to completo 

1\fr. SARGENT. I woulrl suggest to the Chair-- . the Union Pacific Railroad; whereupon Mr. Secretary Cox entered an The PRESIDENT pro tempore. The reading of the amendment will order withholding one-half of the lands granted until the roads were be concluded. completed. The following letter from Secretary De1'l>no will shed 

Mr. :FERRY, of Michigan. It was ruled not in order. - additional light upon this point: DEPARTMENT OF THE il<"TERIOR, 

Wa.<~hington, D . 0. , June 17, 1874. 

Mr. STEWART. I rise to a point of order. I have a righttohave 

my amendment read that the Chair may see whether it is in order. 

The PRESIDENT pro tempore. The Chai..r sustains the point of 

order and the reading will be concluded. 

The Chief Clerk continued the reading of the amendment, as follows : 

Provided, however, Th~t nothing in this act shall be construed to relieve any 

railroad company from the effect of any forfeiture heretofore suffered or incurred. 

Mr. HAGER. I object. 

Mr. STEW ART. I ~k the indulgence of the Senate for one mo!. 

ment. 

ir. HAGER. I wish it understood that I object to the amendment. The PRESIDENT p1·o tempore. Does the Senator from California r aise the point of order 

Mr. HAGER. I make the point of order. 

The PRESIDENT pro tempore. The Senator from California will 

state his point of order. 

Mr. HAGER. That it is out of order at this time on this bill. 

The PRESIDENT pro tempm·e. The Chai..r sustains the point of 

order. · Mr. STEWART. I should like to have the preceding clause to 

whleh it relates read, so that it may be understood. 

The PRESIDENT pro ie1npore. Does the Senator appeal from the 

decision T 

Mr. STEW ART. I appeal to the Chair to let the proposed clause 

b o road. 

The PRESIDENT p1·o tempore. Does tho Senator appeal from the 

Chair or to the Chair f 

.Mr. ST.l!.:W ART. I appeal to the Chair to allow that clause to be 

r ead. The PRESIDENT pro tempm·e. The Chair will read the clause to 

which the amendment is sought to be attached. It is: 

For surveying the public lands in Nevada, at rates not exceeding fift.een dollars 

per linearm11~ for standard lines, twelve dollars for township, and ten dollars for 

section lines, $40,000. 

Mr. STEWART. Now allow me to explain this·matter; and in 

order to have an opportunity to do so, I appeal from the decision of 

the Chair. 

The PRESIDENT p1·o leJ!tpore. The question is, Shall the decision 

of the Chair stallll as tho juu~mont of the Senate if 

1\lr. TEW ART. ~lr. President, a brief reference to the legislation 

of Cont,rress will show not only tho propriety of this amendment, but 

t.hat it is perfectly in order. It has reference to the surveying of the 

Government lands along the line of the rail..road. The clau e I seek 

to am ncl appropriates money to pay for such surveys, and my amcullment provides for the patenting of the railroad lands as the 

surveys ru·e extended, to the end that they may become taxable as other property. The third section of the act of July 1, 1862, to aid 

in the construction of the Pacific Rail..road, declares thatAll such landsThat is all lands granted to the roadAnd all such la.mls, so granted by this section, which shall not be sold or dispo ed 

of by said company within three years after the entire road shall baYe been com· pl<'tod, shall be subject to !3ettlemcnt and pre·emption, like other lands, at a price not exceeding 1.25 per acre, to be paid to said company. 

It. will b secu that tho lands after tho th..ree years TI'Om tlte time 

the roa,ll was completed were to be open to settiement. By the act 

of July 2,} 64, in tho twenty-first section, it is provided: 

S&c. 2l. And be itfltrt.her en.aeted, That before any land granted by this act shall 

be convoyed to any company or party entitled ther~'lto under this act, there 3ball 

SIR: I have carefully examinecl the bill (H. R. No. 3281) to amend the Paeiiic 

railroad act of 2d July, 1864, transmitted with your letter of the 9th instant, with 

request that I ~ve your committee my views thereon and make any suggestions 

that I may see fit as to legislation on the subject. · A joint resolution was ap.J?roved April10, 1869, (16 Statutes, 56) " for the protection 

of the interest-s of the Umted States in tbe Union Pacilic Railroad Company, the 

Central Pacific Railroad Company, and for other purposes." Under the second 

section of saill resolution the President appointed five "eminent citizens" to ex- amine and report upon the condition of said companies' roads. They made the 

examination, and on the 30th Oct.ober, 1869, submitted their report, (copy here· 

with.) Their estimate for supplying deficiencies in the Central Pacific road was $576,650, amlin the Union Pacific road 1,586,100. To secure the completion of the roads in the matters reported deficient, Mr. Sec· 

retary Cox, on the 3d November, 1869, directed the Commissioner of the General 

Land Office to suspend the issue of ono·half the patents for lands granted to said 

companies. That these deficiencies have been supplied the Executive has had no offic1al inf01mation. Mr. Cox's order is therefore still in force, and should in my 

judgment continue in force until such official information is received. I should 

long ago have appointed commissioners to re.examine said 1·oads had there be 'n 

any fund at my command out of which they could have been compensated for 

their services. Only recently the president of the Union Pacific Com)_)any applied 

for the appointment of commissioners to make such r e-examination of their road, 

but no such applica.tion ha.'! been made by the Central ;pacific Company. The subsidy m bonds granted said companies bas long since been received in fnll 

by them, so that this moiety of lands withheld is the only security of the Gilvern· ment for the complet-ion of £he road as required by law. 

The clause of said hill beginning on tho twenty-se,7 enth lino of tho second pago 

directs "the Commissioner of the General Land Oilico to prepar and deliver with· out delay pat-ent-s for all lands applied for by any company as a.foresaitl, where tho same arc clearly within the grant and free from conflicting claims," &c. As this 

clause would ipso facto repeal said order of Mr. Cox, I respectfully sug~cst that it 

be so changed as to make the mandatory order to the Commissioner contingent on the executors being satisfied that all the deficiencies rt>ported by said "eminent 

citizens" have been supplied, and that the roads are completecl as required by law. 

This is the only suggestion that I have to make concerning the bill. 

I am, sir, very respectfully, your obedient servant, · C. DELANO, 

Hon. W. M. STEWART, 

Secreta1"1J. 

Ohairman Oommittee on Railroads, United States Senate. 

Under the act of 1864, as we have seen, it was provided that when 

the rail..road companies "1·equirecl" the lands they might make the 

advance for surveys and receive patents. They declined to make 

this advance, because they did not care for the patents; and then, 

under the act of 1869, lands were withheld by the Department to secure the completion of the roads. 

If the roads hacl been accepted as completed when trains first com- menced running through, in 1809, the companies would have been 

oompelled to -make the a"fl.vance for surveys and take their patents, 

for in default the1·eof the three years after which they were to be 

snbject to pre-emption at $1.25 an acre would have expired in 1872. In other words, the companies would have been forced to decide 

whether they would ta.ke their patents before 1872 and sell thei..r 

lands at good prices, or leave them unpatented and subject to entry 

and sale like Government lands, at the minimum price of $1.25 an acre. 

The bill that pa.ssed the House at this session aimed at a remedy 

for the injustice of allowin~ these granted lands to remain unpatented 

ancl therefore exempt from local taxation. This was right, and I have 

sought to secwe the remedies it propo es, and at the same time to 

secure the rights of settlers to the benefit intended by the third section of the act of 1862, already cited. There is nothing in the amendment proposcdlmt a dcclan Liou thn,t t h o ron.ds aro comploteil for tho 

pm'Poses of that section~ to the end that the three years may com- mence to run. This never should have been interrupted. The withholding of the lands from the companies under the authority of tho 

resolution of 1869 creating the commission to examine the roadsJ taken 
5288 CONGRESSIONAL RECORD. 

toO' ether with the action of two Secretaries of the Interior, has alreatly po~tpon d for five years the time when the lands granted ]n aid of 

these roads are to become subject to pre-emption as other public lands. 

This amendment proposes to put au end to that delay. It also provideR that patents shall issue as rapidly as the surveys are extended. Tills would reqillre patents to issue immediately for 

several million acres of land already surveyed, and would in a short 

time make all granted lands along the line of these roads avail- able for local taxation. The House bill is defective in that it- does 

not declare the roads completed. The Government in granting t.he 

lands in the first instance reserved control of the manner of their disposition for all time except the three years next succeeding the com- pletion of. the road. This valuable reservation was to guard against 

tho creation of a great land monopoly. It is defeated solon~ as the 

roads are declared by the Government to be incomplete. t;ongress 

should not allow these lauds to be taxed away by the States; or to 

enable purchasers under tax sales t.o monopolize them as against settlers. This is the view taken by the Commissioner of the General 

L;J.nd Office in his letter to the Secretary of the Interior of the 13th 

justant. Alluding to the House bill he says : 

The llill now b fore me .seems to lle Rufficient to cover tho ca-se so far as respects 

the r etJHirements of tho twenty-first section of the act of 1 64, and embodies subst..'l>nti:illy tho views eA'l>ressell'by this offico in_the for egoLI!g comu~unications. 

It still leaves untouched, however, the proVIso to tbe thinl sectiOn of tho a~t of 

July 1, 1862, r eforrerl to in tho letter from this office to Mr; Kt>ndall, aml therefore, 

in ruy judgment, fulls to r emove ono of tho principal reasons which, according to the 

rlcoisiou of the Supreme Court in tho ca-se of tho Kansas l'acific l'tailway vs. John 11. rr cott, "forbid tho Stato to embarrass these rights (of the Government) by a. sale for taxes." 

The following is the decision of the Supreme Court referred to by 

the Commissioner: 

SUPREME COURT OF THE UNITED STATES. 

Nos. :388 and 389.- Dccemluw tenn, 1872. 

In error to the supreme court of the State of Kansas. 

The Kansas Pacific Railway Company, plaintiff in etTor, vs. John IT. Prescott; and same v11. Charles C. Uulp. 

llfr. Justice MILLER defivererl the opinion of the court: This writ of error to tl10 supremo court of the State of Kansaa brings before us a recot·d involvin~ the right of that State to tax, under certain circumstances, the 

la.nrl granted by Congress to this company to aid in tbe constru-ction of their road. 

The case wa.s b eard in the State courts on an agreed statement of facts which presents the simple question whether the land was subject, in the year 1868, to State taxation. It was contended by plaintiff in error t-hat., under certain provisions of 

the acts granting this land, it was not. The statute which~ave alternate <>ections of land on each side of said road, within certain limits, proviaed that a patent should issue to the company only as each sco- tion of forty miles in length should be completed aml accepted by the President. It a.lso contained a. provision tba.t any of theRe lands not sol1l by the compuuy within 

three years after the final completion of tho road should be liable to bo sol.rl to actual settlers under the pre-emption law , at 1.25 per acre, the money to be paid to tlw company. Tho original act of 1862 wa.s amended in 1864 by exten<lingthe limits of tl:.e grant on each side of tho road, and. by several other provi<>ions favorable to tJJo company. But by the twenty-first section of the amendatory statute it was declaretl that befor·e any of the lands ~nted 'by the act honld bo convoyed to the company, the cost of 

snrvoyin_g, selectinr,, and convoying such lands should first be paid into the-Treas- ury of thtl United titates by tbo company or party inintere. t, which amount should 

stand as a. flmll for the pro ecution of the smvo:.s of the public buds along the line 

of the road until the whole shoulil be completen. A question is raised whetbet· the latter provision r equires this prepayment of the co t of surveying for the lands granted by the ori!!inal a~t, or is limited to the lands 

aCtJ.nired by the extension of the grant. Looking~ the whole cope of the amended 

act, an1l to tbe provision that tbe money so paid was to constitute a funcl for the con- tinuance aud completion of the entire survevs alon~ the road wh('.re none bafl been 

matle, we aro of opinion that no patent coulu rightrully issue in any case until the cost of snrvey batl been paid. one of the roau had been built when the amend- atory act wa-s pas ed. No right had vested in any tracts of land, and the power, as well as intent, of Con~ :::; to require s uch payment cannot be contested. 

While we r ecoguize the~ doctrine heretofore laid down by this court1 that lands sold 

lly. the United States may be taxed before. tboy have pa.rtt>d with the le.,.a.l title by 

issuing a. patent, it is to be understood. as applicable to cases where ilie ri~ht to the t~tent is complete, and the eq llita.ble titJe is flilly vested in the party Without 

anything more to be paill or any act to be done goin~ to the foundation of his right. 

The !?resent ca e does not fall witllin that prindp1e. Two rmportant actfl r emain to be done, the failure to do which may wholly defeat theri~bt of the company to a patent for thoso lands. L Tho first i tbe payment of the costs of surveying. It is admitted that this 

has never been dono m the present case. If the company have such an i~torestin 

these lands that t11ey can be solei by the Stttte unum· her power of taxation, then 

the UU0 is divested out of tho Government 'vit hout its consent, aud tho right to recover tho ruonuv oxpcmloll in tho survexs is tlefcatctl. As tbo Gi>voruiuout r etains tho e~al t.tUe until tho company or some one interested in the snmo grant or titltl t~hall pay those exponso , tho State C.'\unot levy ta.xo:; on tho la.ml, aud nn•ler such lo'ry soil aml maJ.e a title which might in any o\·cnt defeat this right of the l!'ed.eral Government ret~erved. in the act by which 

tho inchoat-e ~:,•rant was made. . :2. Another impOJtant anll declar ed purpose of Congress woulll be equally defeated by the title tim acquired nnder tllo tax sale, if It were valid. . ·u is 'visely provided that thlll o lands shall not be u ed by the company as a. mo- nopol v of iuliefiuit diU'atiou. Tho policy of the Government has been for years to encou'rage settlement 011 the public lanlls by the pioneers of emigration, anrl to this 

end it has passed many law:::; for their benefit. Thi:::; policy not only favors the 

actual settler, but is .to the interest of tho e who, by purchase, own adJacent lamls, t.hat all of it should be Ollen to sottloment a nil cultivation. Looking tu tins policy, antl to the very large quantity of lands granted by this smtuto to a. single corporation, Congress doclaJ.·ed that if tho company dill not sell tho::~e lands within a time limite<l by tho act, they should then, without fmther 

action of the company ol· of Congress, be open to tbe actual settler under the same laws which govern tho right of pre-emption on Government lands, and at the same price. Any one who bas ever livorl in a community wh 1-e large bodies of an~ l a.re witbbolll from use or occupation, or from sale except a.t exorbitant prices, will reo- ognizu 1.he value of this pronsion. It is made for the public gootl as well as for 

tltat of the actual settler. 'ro permit those lands to pa. s nndora titlelleriveclfrom the State forta.xos would 

corta.iuly tlefca.t this intuut of Cunf,'l·ess. It makes no dilfet-enoe in the force of the 

principle that the money paid by the settler goes to tho company. The lands which 

the act of Congress declnrt>s shall bo op u to pre-emption and sale are withdrawn 

from pre-emption and salo by a tax title and pos t>s:;ion under it, aml it is no an,;wer to say that the company which might have paid tbe taxes ~ets tbe price paiil by 

tho settler, 

For these rea-sons we think tha.t though tlre line of t.be road had b een built, aml 

approved by the President, so far as to-authorize the company to obtain a patent • for this land, if they bad p.1iil the cost of survey and the l.'xpen es of making tho conveyance, yet the neglect to do this a.nd the contingent right of ojJitring the lewd to actual settlers at the minimum price asked for its lands by the Govermnmtt, forb1:d 

the State to embarrass these rights by a sale j9r taxes. The judgment of the State court is tborofore reversed, and tbe case rema.ndeu 

with instructions to proceed in conformity with this opinion. 

The same judgment must follow in t,he case of the same plaintiff vs. Culpwhlch 

falls within tbe principles here stated. 

To ba.sten the time when the great grants of land to railroads may 

be open to settlement at the minimum price of $1.25 an acre, au_d that 

meanwhile n,ll such lands may be subject to taxation, it is necessary 

that this amendment should be adopted. It is legislation, but it is 

germane to the subject-matter of the appropriation provided for in 

the clause I seek to amend. I trust it may bo adopted. 

The PRESIDENT JYro ternpore. The question is, Shall the decision 

of the Chair stand as the judgment of the Senate T 

Mr. SPRAGUE. I move to lay the appeal on the table. 

'l'he PRESIDENT p1·o ternpo're. The Senator from Rhode Island moves to lay the appeal on tho table. 

The motion was agreed to. Ml·. EDMUNDS. The question being on the third reading of this 

bill, I ask to have read a report made by the Senator from New Je1· ·ey 

[Mr. Fn.ELINGIIUYSEr ] from the Committee on Indian Affaill.·s on the 

lGth of May, 1872, relating to this Langford claim, which is in this 

bill. 

The PRESIDENT p1·o ternpore. The report will be read. 

The Secretary read as follows : 

The Committee on Indian Affairs, to whom was r eferred Senate bill No. 744 for 

the r elief of William G. Langford, r espectfully r eport: 

That the claim of Langford, as assignee of tho Commissioners of the American 

Boarcl of l!..,oreign Missions, to the tract of land which forms the subject-matter of this bill, is ba. ed upon the act of Augu t 14, 1848, entitled "An act to ·ta.blisb the 

territorial governmentofOre.,.on," (Statutes at Largo, volume 9, page 323,) and upon a provision of the aot of Mar8h 2, 1853, ontit-lecl "An act to estaulish the territorial 

government of \Vashin~ton, " (Statutes at Large, volume 10, page 17:l.) The firxtnamed act provides "that tho title to the land, not exceeding six -hundred anti forty acres, now occupied as missionary stations among tbe Indian tribes in said Tol'l'itory, together with tbe improvements thereon, be confirmed and establisbecl in the 

several r eligious societies to which said missionary stations respectiv ly belong." From a statement made by the Commissioner of Indian Affuirs, the mis<~ionari us of 

the &aiel board of missions abandoned tbe tra~t in question on tho 4th D ecember, 1847, and between that date and 2d of May, 1 62, macleno demonstration of return- ing to occupy tbe same, bnt were in t.be intermediate period engagod elsewhere, tho tract r emaining, during the fir t. eil!ht years of that period, unoc upiod anil un- claimed, oxcopt under the general Indian title to that ection of the country. s the act of August 14, 184 , required present OCCllpation for missionary purpo os a.s a condition to tho grant, the board, having loft tho tract prior to tba.t date, ,..,-oulu appea1· to h:we no claim to the land under that act. The a.ct of March 2,1853, how- ever, prov-iucs " that the title to the lann not exoeecling six hundred anrl fort;y acrlll , uow occupied as missionary stations among the Indian tribes in aid Terri wry, or that may have been so occupie-d as missionanJ stations prior to the passage of Ute a-ct establishing the territorial !JOVcrtlment of Oregon, together with the improvements thereon, b"o, and is bereby, confirmed and established to the several religious socie- ties to which said mis ionary stations respectively belong." While it is 11ot probable that Congress intended by tbi a~t. to convey to n.ny reli~ous society lands once held by them as a missionary station, but which bad been aoandoned by them over fiv-e years before, it would appear that a. technical title is com·eyeu by the provision 

quot.ecl. It is stated by tbe Commissioner of Indian Affairs that on the 2d of May, 18G2, 

the American Boa.rrl of Commi. sionersfor Forei'!Il Mission notified Agent Hutchins, 

of the Lapwai Indian agency, that the board c'i'aimecl, under tbo foregoing provisions of law, the tract-of land described in Senate bill 744, bein_g the lanll upon which 

aiil a:;ency wa.s tben and is now located, and which is now Claim eel by Langford as the a.ssigneeof said board. In Februar_y, 1868, Langd.on S. Ward, treasm·er of said 

board, executed a deed of conveyance of tho said tract of land to tbe said Langford, 

for a consideration named of 8500. Suit WM commenced by the said Langford, in 

the dish·ict court of Idaho, against the Indian agent, for tbe possession of tlle prop- erty, and jucl&"mcnt by tlefault wa-s ent.erod in his fa>or October 9, 1 69. These facts having oeen suumittecl t.o the ecrot.ary of the Interior, that official in- tructed tbe Indian Bureau that "t.he Janll claimed by the mission board, t>in~ 

within the lliminished reserve of the Nez P£'rc6 Indians, and never having lJeen relinquished by said Indians, will be retained for their agency purpo es." La.n•T. ford applies to Congress for r elief. If tho treaty of Jnne 11, 1855, 'vith tbo Nez Perce Indians, by inad\ortilllce wrested from the mission board, or its assignee, 

right-s vt>sted in it by the act of 1853, the claimant, ii tho legal assi~ee of tbo mit~­

sion board, is en•.ir.Jetl to relief, but not to the e~-tont of tho snm namotl iu Seua.to 

bill 744. 'I' he consideration actually paid by him to the mission board for tbe as:::;igu- mont of their claim woulrl seem to afford. an ~u tablo measme for the clegr o of r ulicf to be affortletl·; ancl in accordanco with this view the committee rocommeml 

tho passage of the accompanying substitute for the bill. 

Mr. EDMUNDS. I do not intend to delay the passage of this bill 

by any extended observations.; but I think it due to the cause of 

truth aud justice that this unanimous report of the Committee ou Indian Affairs, ruatle two years ago upon the subject of this claim, 

should· be read, by willch yon have the authoritative statement of 

this committee that this claim in the first place had no foundation in 

bw, that pos ibly by p,la.t.er n,ct, in the second place, tbere may ha Ye 

been a technical and inad vertcnt title confirmed in tills Board of Commissioners for Foreign Mi ·sions, they hav]ng by the very act conii.rming the title no power of alienation at all. This speculator Lought 

for 500 the title of these missionary people, or their chance. He 

then ln·ou~ht an action a.ga.inst the lutliau agent, as if he represented 

the Uniteu States, aml the Inilian a.gcntconvenientlytlitl not appear, 

and the claimant took a judgment by default, which is the judicial 

determination of the district; court of tlta.t Territory against tho right 

of the United States! This committee sa,y that if this man ha1:1 a.uy 
1874. CONGRESSIONAL RECORD. 5289 

equity at all, a he plainly has no legal power to enforce his rights 

against the Unitod States, it is equity to reclaim, Jus oo thut he 

paid and no more. In two years, on the report of the Committee on Appropriations, 500 has grown to $15,000! I do not know but that 

it is best to pass it in this shape. Perhaps there is no help for it now in eit.her case; for in the same ratio if we we.re to pot it off until 

another year it would grow to 25,000, and so on. 

l only call the attention of the Senate to this formal, anthorik'ttive, 

and ,unanimous report of the Committee on Indian Affairs of two 

years ago to show that this profound swindle, as this paper shows it . to be, of this claimant, and for which the Committee on Indian Af~ 

fairs only proposed to pay a return of the consideration that this 

speculator gave of $500, has now grown so that the Treasury of the 

United States is to be taxed $15,000 to pay this speculator for his 

chances against the Government of the United States. 

Mr. SPRAGUE. I submit a motion to reconsider the vote by which 

that amendment was adopted. It is on page 20. 

Mr. EDMUNDS. I have no right to submit that motion myself, 

for the reason that I voted against the amendment; but I thought it 

due to truth and justice to give you the authoritative report of the 

Committee on Indian .Affairs on the subject of this claim. 

The PRESIDENT pro t.empo're. The Senator from Rhode Island moves to reconsider the vote by which the Senate concurred in the 

amendment in Committee of the Whole in regard to this claim. 

l\fr. BOGY. The report read hy the Secretary was before the Committee on Indin.n Affairs, and was carefully investigated. Many of 

the facts, stated as facts in the report made two years ago, upon a laborious investigation were found not to be correct, and that report 

itself admits that the owners of this land, whether Mr. Langford or anybody else, have title, whether they paid $500 or more or less. The man is entitled to compensation for his loss, or nothing at all. 

1\Ir. EDMUNDS. It does not admit that he ha.s any title. 

Mr. BOGY. Then why give him 500 If he is entitled to $500 

you admit the title in him. He had a tit,le both under the law of 

1848 and under the law of 1853. The title has been recognized by 

the Government of the Unitecl States; the land has been surveyed 

and the survey has been approved as a part of the official surveys of 

the United States. 

Mr. KELLY. As there has been an intimation that there has been 

swindling going on in this matter, I wiSh to state, and I may require 

possibly more than five minutes if it is allowed me, the grounds of 

this title. 

When the Territory of Oregon was organized on the 14th of August, 

1848, it was deemed proper to provide for the missionary stations 

that had been located thl.:\re many years before. On a certain day in 

November, 1847, a few months preceding, the Whitman massacre took 

place, when the missionaries, these among others, were driven from 

their location. They were not in possession technically on the 14th 

of August, 1848, on accou.n.t of the insurrection in the Indian country. 

AU the whites were driven out. Hence it became necessary to secure the title beyond question; and when Washington Territory was organized it was :J:trovidedThat the title to land, not exceedin"' six hundred and forty acres, now occupied as missionary stations among the In'dia.n tribes in the said Ten ·itory, or that may have been so occupied as missionary stu.tions prior to the passage of the a~t esti\b- lishing the territorial government of Oregon, with the improvements thereon, be, 

and the same is hereby, confirmed to the several religious societies to which the 

said missionary stations severally belong. 

That was a confirmation of the title to any missionary station 

that had been locateu at a.ny time prior to the 14th of August,. 1848. That secured a confirmation of the title. There have been many 

titles in Washin~n Territory a.nd in Oregon confirmed to the sev- eral religious soCleties t]?.ere, and this, among others, is as perfect as any one there. It was settled in 1836. That missionary society christianized the Nez Perc6s. There was the first printing establishment 

set up on the Pacific coast. There certain hymns were published in 

the Nez Perce tongue, and a part of the New Testament was transhLted for their benefit. That tribe, above all others, is the one that 

hn.s never shed a drop of white blood. Their civilization commenced 

hy that missionary society, aud for that reason Congress thought in 

that d~bY that it was necessary to reward these faithful men. The society, not desiring to get into litigation with the United 

States, transferred the la,nd to Mr. Langford for the nominal consideration of 500 and other services that he had rendered the society. 

There is no question but what the title is perfect in him. Mr. Langford desires either the possession of his premises or payment for them; 

and I may here say, if it is proper for me to refer tow hat a Honse bill 

contains, that the House committee propose to leave it to the courts 

to decide what was the value of the premises. That is perfectly satisfactory to Mr. Langford; or he is satisfied to have the United States 

appoint one person and let him select another, the two to select a third, and ascertn.in by arbitration what the vn.lue is. Not only thn.t, 

but he is perfectly willing to let the Unit.ed Stn.tes take all its property off his land and give him simply the land and what is a reasonable amount for the u e and occupation of it. Either will satisfy 

him; but he thinks it proper when he hn.s the title to the land, and 

the Unitecl Stn.tes have pnt $G6,000 worth of improvements on the ln.nd, 

that they should either give him his land or pay him what it is 

worth. 

So far as tho value is concerneu, I have affidavits (and they wero 

before the committee) from various men swen.ring from fifteen thousallll np to forty thousand dollars as the value of these premis s, independent, too, some say, of the improvements placed on them by t.he 

United Stn.tes. 

It may be saiu that because the committee two years ago fonn!l 

that 1,500 was the value, therefore Mr. Langford was bound to accept 

it. He did not prosecute that case in the other branch of Congres8. 

When that committee made the report he let it go; he would have 

nothing to do with it; he would not accept it, and I pre ume no man can force him to ~ive up his land even to the United States for 

$1,500 if he estimates 1t as of greater value. He does P.stimate it at .the sum I have stated. The committee found that that was its valne 

after full and fair investigation. 

This is all I have to say about it. It seems to me that it ill becomes 

tlle United States to hold posses ion of ,his land--

The PRESIDING OFFICER, (.1\Ir. ANTHONY in the chair.) The 

Senator has spoken five minutes. 

Mr. ALCORN. When this question was being discussed upon the 

amen'.iment offered by the Committee on Appropriations, I was wull 

satisfied of the injustice of this demand, and while I think the conn- try owes an obligation to the honorable Senator from Vermout [M!'. 

EDMUNDS] for bringing forward indisputable evidence of the fact 

that this is an n.ttempt to wrong the Government out of the sum of 

$15,000, it does not in any degree weaken the judgment that I formeu 

when the question was under discussion. 

It was said in the discussion of this section that this party had a judgment against the Government of the United States, a judgment 

of ouster for this land. It turns out now that the party brought a suit against the Indian agent, and that the Indian agent permitted a judgment by defn.ult to be entered against him. Of this the evidence stands here unmistakable, so that there was collusion between 

this man and the Indian a~ent from the beginning of this transaction 

down to the time when this judgment was rendered, and I have no doubt in my mind, without knowing the fact to be so, that what- ever may have been recovered from the Government upon this claim 

would have been divided between the party and the agent. 

It was argued here aw bile ago that this man could bring a.n ejectment against the Government of the United States and recover all 

these buildings and take them unto himself. Is there a lawyer here 

who will attempt to enforce the idea before the Senate that this 

party could sue the Government, even though his title was ever so good, and recover a title against the Government, and then take to 

himself, without any remuneration to the Government, the buildings 

it had erected upon this land, he standing there and permitting tho 

buildings to be erected, he in collusion with the agent all the w!_lile, 

he sta.nding by and waiting his opportunity to como forward aml 

make this demand of the Government of the United tates that he 

might make 15,000 off an investment upon its faco of $WO; antl 

how much he paid no one knows f I doubt, looking at thi · transac- tion, regarding it from beginning to end as a fraud, whether in truth 

and in -fact he paiu anything. 

1\fr. KELLY. Will the Senator allow me to correct him 'f 

Mr. ALCORN. Certainly'f 

Mr. KELLY. I have not here the record of the judgment obtained, 

but I know this is the substance of it; it ma.y be among the paJ!ers in 

the po session of the committee. There was not technically judgment 

by default. There was a demurrer interposed. Suit was brought n.nd 

service was ma-de upon the Indian agent as the person in pos ession. 

He employed or spoke to the district attorney, who filed a demurrer. 

The demurrer wns held over by the court for one or two terms, and 

then overruled. Application was afterward made to file an answer, 

I think; I do not know whether leave was given or not; but no answer was filed and judgment was entered upon the demurrer. If that was default, then there was defn.ult. · 

Mr. ALCORl~. vVell, Mr. President--

The PRESIDING OFFICER. The time of the Senator from Mississippi has expired. 

1\fr. EDMUJ\TDS. Have I any time left 'f . 

The PRESIDING OFFICER. The Chair is not aware tha.t tho Senator has spoken before on this question. 

Mr. EDMUNDS. Lest I should violate the rule of tho Senate I move to postpone this bill indefinitely. I believe there is not any 

limit to debate on a, motion to postpone indefinitely. I do not intend 

to weary the Senate. 

Mr. OGLESBY. Is there not a motion pending to recon ider Y 

Mr. EDMUNDS. I suppose there is; I take it a motion to postpone indefinitely overrules that. 

The PRESIDING OFFICER. The motion of the Senator from Vermont is in order. 

l\lr. EDMUNDS. I think it will be difficult, Mr. President, for Sen- ators to avoid findjn~ out what the truth is, if· you can believe the 

unanimous report of the Comruitt.ee on Indian Affairs as made by the 

Senator from New Jersey, and then say afterward that they voted in 

ignorance. That is all I have to do with it. " 

Now, Mr. President, the Senator from Oregon [1\fr. KELLY] says 

that this was not a, jnclgment by default. He has not the papers here to show it. I a-ssume that he was not the counsel, and that he 

is acting on information. A re ponsible committee of this body re- ports that it was a jnugment by default. I leave it to tho Senate to uetermino which is lllOI:!t likely to he right in its opinion. 
5290 CONGRESSIONAL RECORD. JUNE 20, 

Secondly, I wish to call the attent-ion of tho Sen:tto to what is :tl o stated ip. this report, that when the circumstances were made known 

to the Secretary of the Interior, tl.w.t official--:tnd I now re:td fi·om 

the report- . 

That official instructed the Indian Bureau tha-t "the L'lnd claimed by the mission 

board, being within the dimmished teserve of the Nez Pcrc6 Indians, am1 never having boon relinquished by said Indians, will be retained for their agency purposes." 

The respoil,Sible Department of the Government therefore rcpmliated this claim as having no lawful foundation to stand upon, and 

a-:5 erted the right of the United St.ates to occupy these Indian lands 

with the consent of the Indians for the purposes of the Indians themselves. I put it to the honorable chairman of this committee, who I 

know will agree with me upon this subject, that these Indians bad a title to these lands whi.}h tho United States could not lawfully or rightfully dispose of without their consent to anybody; and that the 

Department of the Government charcred with tho administration of 

India-n aud other interior affairs acted npon that principle, and held 

thn:t this board of commissioners, to which Congress had undertaken 

to maJm a confirmation of these lands, had no title to them as against 

the Indians; and that the reservation, it being within the reservation 

all tho time, was entitwd to cover it. Then this man, knowing that 

he had no ri~rht in law, applied to Congress for :relief. 

That was the st.ate of the case, and upon that a-pplication for relief 

the Committee on Indian Affairs two years a~o unanimously report 

that all this man is entitled to, if he is entitled to anything, is the 

money that he paid for this speculative transact-ion, to wit, ... 500. 

And, Mr. President, i11sten.d of cQnceding,as the Senator from Oregon sa.ys, that this man had a title, tho Senator from New Jersey, actil1g 

for t-his committee with the lea.rning and caution that chm:acterize 

him, says: "If tho treaty of Jnne 11, 1855, with the Nez Perce 

Indians, by inadvertence wrested from toe mission board, or its assi~nee, rights vested in it by the act of 1853, the claimant, if the 

leg:tl assignee .of the mission board, is entitled to $500," a.s a matter of justice, in throwing up a bargain that he had no right to 

make. Therefore the Committee on Indian Affa.irs did not recog- nize this title. They well understood then, and unanimously un- del'stoocl then, that. a confirmation to this corporation, without tho 

act stati.oz that it was to its successors and assigus, did not confer a titlo upon the corporation that it could convey to anybody else; UJ.Jtl 

every lawyer within the ~:~ound of my voice understands as well as I 

clo that that is the law. In order to confer a title on a corporation 

that it may convey, you must state in the statute or in the deed that 

carries that title tha.t you CQnvey to that corporation, "its successors and a signs." This act of Congress contained no such words. It was not intended that any such -right should be granted. These lands were not granted to this corporation for the pmposes of speculation 

and salo; they were granted to this corporation for the purpose Of use for their religious objects in improving the condition of these Indians; 

and therefore the act of Congres , instead of saying that their suc- cessors and assigns might hav-e those lands ever, sa.id we confirmed to 

this Board of Commissioners for Foreign Missions the title to these 

ln.nds; and then ib turns out, even upon that point, on the report of this 

committee, as the truth and the law was, that the Indian title not 

having been extinguished, all this confirmat.ion wa~ still subject to the 

paramount and superior and original right of tho Indians to hol<laml 

pos css this land for the purposes of their reservation. 

There iS the truth and there is the law about it; and yet in the 

face of all this this man comes forward and taki.n cr advantage of the 

convenient opportunity of ridil1g a claim that could not stand otherwise, on an appropriation bill, gets $15,000 for his $500. I submit, 

becau e I know how much in haste the Senate is, that we ought to 

agree to the motion of the Senator from Rhode Island and take this 

out of this bill and let it be consideretl by itself. 

l\Ir. MORRILL, of l\Iaine. Let u have the vote. 

The PRESIDENT pro tentp01·e. The question is on the indefinite 

postponement of the bill. . Mr. EDMUNDS. I withdraw that motion. 

l\lr. OGLESBY. Mr. President, I a,m not disposed to sit silently by 

and hear the Senator from Mississippi and tho Sena,tor from Vermont throw calumny and insinuation upon a man who in chru:a.ct-er can establish himself before this Senate to be tho equa,l of any man in fair standing in the community. He came before the Indian Committ e as an honest man. He stood there with a bill sent down by 

the Secretary of the Interior asking Congress to recognize his title or to create a court by which his title could be tried; and Mr. Langford 

asked our committee to pa.ss that bill that the Secretary of the Interior recommended. The chail·man of the Committee on Indian 

Affairs introduced the bill into the Senate; it was referred to the Committee on Indian Affail·s to create a tribunal t-o determine his rights, 

th roby recognizing the rights of this man L an(J'ford to this property. He is the just and honest owner of itto-da,y. Now after this 

lniliim Committee ha,ve treated with him and persuaded him to con- sent to take $15,000 a,nd after the provision has fairly passed in this 

b ody, a repm:t is brought in made by an Indian Committee two years 

ago which report 1\fr. L::tngford ·r fnscd to accept. 

What was the amount lle asked for his claim then f Forty tbousanu 

dollarH as I am told by tho Senator from Vermont; for that I take his 

st:1temcnt. Ho came here asking for his rigbts to this property. He 

says to t,he Government, "Take your property otf; I do not want it; 

remove the e bnilrlings; let me have my ground;" and the Government stand stock-still and refnse to remove them, keeps this man out of his just rights, and drives him away;-tbis man who was there 

for years-and years, ten or fifteen years in that country; and stood 

a-mong these Iudians with that missionary society, and in consiucration of his services to the missionasy association as much as for his 

$500 they gave him the title to this ground. Ask about the man's. character! Is he to be maligned by innuendo here as a fraud, and is 

the Committee on Indian Affairs to be included in the insinuation 

simply because a man can stand here as a Senator and the man outs:i:de cannot reply' I will reply for him, and Ire ent the imputationthere is no justification for it-that this man has tried to defraud the 

Government out of a dollar. 

1\lr. MITCHELL. I should like in the same line with the argument 

of the Senator from lllinois to inquire of him whether Mr. Lancrford 

dicl not propose originally to sn bruit this whole question a.~ t~ the 

amount that he should receive for this claim to a jury of his country- men T 

. lr. oq-LESBY. Undoub~e~y. The Indian Committee reported a bill t-o this body-and I had 1t m my hands an hour or two ago-ao-ainst 

the wishes of Mr. Langford, and it is only this last week or tw~ that 

he consented to accept t he $15,000 .rather than be put to long delay 

and greater expense, and in addition to that to be insulted in this 

body where he cannot reply, he being a man of unimpea,chable char- acter, because he comes and makes a claim upon the Government. 

It iR an easy thing to rise here and throw imputations and slurs and 

slander upon a man's character who cannot answer for himself. The 

eyes and ears of Senators are opened; they are alarmed, and by loud 

shouts of "fraud," "fraud," "fraud" they are tenified aucl Senators move to reconsider. You drive a man from his possessions, hold them 

yourselves, neither give him. his property nor give him compensation! 

An official document from the Secretary of the Interior, as tho Senator from Connecticut [1\lr. BUCKINGHAM:] will state, was sent to us· with the form of a bill to crea,te a board for the purpose of determining its title to this land. The committee took it up and thought the 

vornment woulcl be on safer ground, far safer ~round thau to transmit it back there with the character of affidaVlts we had to read as to this man's title as to what he could show before a jury of his conn- . try men. 

Now, if the Senate will consider this matter, I have only one word more to say. It does not concern me except as I have re pect and feelin~ _for the man. I say if the Senate now reconsiders its vote antl 

puts tnis item out of the bill and out of the body, the chickens will come back t-o roost again. That man is not going to be purso.ed and 

not defend his rights. The best thing the Government can now do is 

to liquidate this claim, take the title, pay the 15,000, and end the 

thing. If you do not it will linger in these Halls for years perhaps 

and end in a big bill of damages ultimately. 

Mr. EDMUNDS. May I ask a question t I ask the Senator if he 

will be kind enongh to just allow the communication from the Secretary of the Interior that ho speaks of so mnch to be read, so that we can know what it does say T • 

Mr. OGLESBY. Am I mistaken about that, I ask the Senator from 

Connecticut 'f . 

Mr. BUCKINGHAM. There was such a communication. · 

1\lr. OGL.ESDY. And the Sec.retar.Y of the Interior sent the draught 

of a bill. 

Mr. EDMUNDS. Let us see the evidence of it. 

Mr. OGLESBY. I do not happen to have it here. I was instructed 

to report the bill ba.clt and did report it back with the letter, and 

I aaked the Senate to pass that bill and I offered to take it up, but 

the Senator from California objected and it could not come up. There 

is no fraud in the matter at all. 

The PRESIDING OFFICER. The Senator's five minutes have 

expired. The qu~stion is on the motion of the Senator from Rhode 

Island to reconsider the vote by which rhe amendment was concurred 

in. 

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

The yeas and nays were ordered, and the Secretary proceeded to 

call the roll. 

Mr. SARGENT, (when his name was called.) On this question I am paiJ.·ed 'vith the Senator from Wisconsin, [1\1r. HoWE.] If he were here he would vote "yea," and I should vote" nay.'' 

The result was announced-yeas 28, nays 20; as follows: 

YEAS-Messrs. Alcorn, Boreman, Boutwell, Carpenter, Chandler, Dennis, Edmunds, Fenton, Ferry of Michigan, Frelinghuysen, G.>ltlthwaite, Ha~er, Hamilton 

of Marylaml, Hamilton of Texas, Hamlin, Hitchcock, Ingalls, Mernmon, Morrill 

of Vermont, Robertson, Saulsbury, Schurz, Scott, Sprague, Stewart, '\Vaclleigh, Washburn. aud Wright-28. 

NAYS-Messrs. Bogy, Buckingham, Clayton, Conover, Cragin, Davis, Flanagan, 

Gilbert .. Harvey, .Johnston, Kelly, McCreery, Mitchell, Norwood, Oglesby, Pease, 

Pratt, Ransom, Spencer, and 'l'ipton-20. 

ABSENT-Messrs. Allison, Authon,t, Bayard, Brownlow, Cameron, Conkling, Cooper, Dorsey, Ferry of Connecticut, Gordon, Howe, Jones, Lewis, Logan, Morrill 

of Maine, Mortrm, Patterson, Ramsey, Sargent, Sherman, Stevenson, Stockton, 

Thmman, West, and Windom-25. 

So the motion to recon icler was agreed to; and the question re- cnrre!l on concurring in th amendment made as in Committee of tho 

Whole inserting after line 471: 

For the ]nu·chaso for an luoiau agency station, tho be hundred anrl forty acres of land situatcu on Lapwai Creek an1l Clearwater River, Idaho T l'l'itory. hl·rc to- fore gran toa to the American Boa1·d of Commissioners for .l!'oreigu .Missious, 15,000: 
1874. CONGRESSIONAL RECORD. 5291 

Pmvided, That no part of t.his sum shall be paid until n. perfect title to tlw said 

land shall bo ma.ue to the Unitocl States by a. warTanty U.oed, to l.Jo approved by the 

Attorney-General. 

Mr. SPRAGUE. Althon~h that is an amendment of the committee, I raise the point of order on it. 

Mr. EDMUNDS. There is no need of raising that , The Senate has 

determined against it. We can dispose of it in a moment. 

The PRESIDENT pro tempo·re. The point of order will be stated. 

Mr. SPRAGUE. That being to provide for a pri vato claim, the 

amendment is not in order . . The PRESIDENT pro tempore. The Chair thinks it is too late to 

raise the point of order now. ·The Senate has voted on it and voted 

it in. The question is on concurring in the amendment made as in· 

Committee of the Whole. 

The amendment was non-concurred in. 

The amendments were ordered to be engrossed and the bill to be 

read a third time. 

The bill was reall the third time, n.nd pa,ssed. 

Mr. SARGENT. On behalf of -the Committee on Appropriations I 

ask that the following order be made : Ordered, That the sundry civil appropriation bill be printed with the Senate amendments numbered consecutivelv. 

This is to accommodate the Honse. 

The order was adopted. 

MESSAGE FROM TIIE HOUSE. 

A message from the House of Representatives, hy l\fr. 1\fcPnERSO~, 

its Clerk, announced that the Honse had disagreed to the ::tmen<lments 

of the Senate to the concurrent resolution of the Honse for the printing of two thousand copies of the report of the Commissioner of Education, a,sked :1 conference on the disn.greeing votes of the two Houses 

thereon, and h::td appfl'inted Mr. W. G. Do~A.N of Iowa, :Mr. JMms 

MOI>.'ROE of Ohio, an& 1\!r. EPPA HUNTON of Virginia, m::tnagers at 

the conference on its part. 

The message further announced that the Honse had concurred in 

t.hc amendments of the Senate to the following bills and joint resolution of the Honse: 

A bill (H. R. No. 352) for the relief of Colonel E. McCarty; 

A bill (H. R. No. 753) for the relief of Peter S. Patton; 

A bill (H.R.No.1764) to appropriate lands for the support of schools 

in certain fractional townships in the State of Missouri; 

A bill (H. R. No. 1915) to remove the disabilities of Henry H. Sibley, a. citizen of Fredericks burgh, Virginia; 

A bill (H. R. No. 2787) to provide for the sale of the present United 

Sta,tes marine hospital and site, and the purchase of a new site and 

erection of a new marine hospital in the city of Pittsburgh, Pennsylvania; 

A bill (H. R. No. 3162) for the relief of settlers on railroad lands; 

A bill (H. R. No. 2797) making appropriations for the payment of 

claims reported ::tllowed by the commissioners of claims under act of 

Congre s of M::trch 3, 1871 ; · A bill (H. R. No. 3173) for the relief of Janes A. McCullah, late collector of the fifth district of Missouri ; 

A bill (H. R. No. 350d) conferring jurisdiction upon the criminal 

court of the District of Columbia, and for other purposes ; 

A bill (H. R. No. 352Z) to extend the jurisdiction of the Light-house 

Board; and 

A joint resolution (H. R. No. 95) authorizing the Postmaster-General to perfect title to cert::tin real estateobtainedfromJohn W. Norton, a defaulter to the postal money-order bureau. 

The mcss::tge also announced that the House had pa-ssed the bill 

(S. No. 486) to extend the act of March 3, 1873, entitled "An act for 

tbe extension of time to the Saint Paul and Pa.cific Railroad Company for the completion of Hs road." . The message further announced that the House had passed a bill 

(H. R. No. 975) to a,mend the act entitled "An act to provide for the 

redemption of the 3 per cent. temporary-loan certificates and for an increase of. national-b::tnk notes," n.pproved July 12, 1870. 

DEFICIENCY A.PPROPRIA.TION BILL. 

1\!r. SARGENT submitted the following report: 

The committee of conference on the clis~t~eeing votes of the two Honses on the 

amendments of the Senate to the bill (H. R. No. 3030) makin.a: appropriations to supply deficienccs in the appropriations for the serYice of the Government for the 

fulcal yea.r ending Jtme 30, 1873 and 1874, and for other purposes, having met, after 

full and froo conference have agreed to recommend, and do recommend, to thcir r mrpectivo Houses a.s follows: That the Senate recede from their amendments numbered 5. 10, 11, 12. 

1.'hat the Ilouse recede from their disagreement to the amendments of the Senate 

nnmuered 3, 4, 8. 13, 17, 20, 21, 22, 23, 24, 28, 31. 35, 36, 37, 44. 

That the Senate recede from their clisagreement to tho amendment of the House to the amendment numbered 42, and agree to the same. Tuat the House recede from their disagreement to the amendment of the Senate numbered 18, and ~,gt-eo to the same, a.s follows, namely: Substitute for the words 

stricken out the fouowing : · 1 "Provided, That none of the moneys hereby appropriated for the payment of deficiencies in the Indian service shall be paid until tho necessity for the expendi- tures shall have been examined into by tho Secretary of the Interior and any existing board of peace commissioners." And the Senate agree to the same. 1.'hatthe Senate r ecede from theira.mendmentnumbered 30, with an amendment as follows: Add after tho word "Con~ s" atthe clo e of tho paragraph these words: "And the unexpended balance of tno appropriation for wrapping-paper provided for in the act making appropria,tions for the service of the Po t-Office Departmcn t 

for tho year ndin~ Jnne 30, Ul74, li! l•erel.Jy mauo available f or tho purcha.so of 

wra.pping-yapor anu twine;" and the llouse a.groo to the same. 

That tho House recede from their di&'tgreement to tho amendment of tho Soun.t.o numbered 40, and agree to the same with an amendment as follows: Strike out :ell 

of the said amendmuut after tho word ''tho'' inline 2of said amendment, and insert the following: "Remainder of the Forty-third Congress not already 11aid for, 

842,364, in lieu of all com n~ation otherwise provided for;" and tho Senate agrue to the same. That the Hotf e reeedo from their amemlment to tho amendment of t.l-J.e Senate nnm bored 41, and tho Senate recede from their amendment, and agree to the follow- in·~ as a substitute for tho original para= ph, namely: ?. To pa.;r the five Official Reporters of the proceedings and debates of the House fur 

the remamder of the Forty-third Congress, $24,815; and her eafter t.ho pay of tho 

Official Reporters of the proceedings and debates of each House shall l.K' $50,000, 

and tho pay of official reporters of committees of the House shall be 5,000 each per annum, and this Rhall be in lieu of all other compensation for such services in 

reporting the proceedings of each and all of said committees." 

And tlie House agree to the same. '.rhat the House recede from their disagreement to the amendment numbered 43, 

and a~rree to the same with an amendment as follows: InRert after the wortl "erection" in line 4, page 30 of the bill, the words "and furnishing;" and insert aftc.r . the word" building," in same line and page, the words "and grounds;" aml in.-;Prt 

after the word "money," line 9, same page, the words "or any part thereof;" an•l 

the Senate arree to the same. That tho House recede from their disagreement to the amendment of the Senate numbered 9, and agree to tho same with an amendment, as follows: A<ld aftoi· the 

worrl " dollars," in said amendment, the following : "For Army pensions and expenses thereof under the various acts of Con ~:,rress, 

$300,000; and there is hereby ap.vropriated a. sum snffi.cient to make tho comperu;a- tion of the clerk of the House Uommittee on Invalid Pensions equal to"'. ,1GO per annum for the Forty-third Congress, and no longer." And the Senate agree to the same. · · That tho H ouse r ecede from their disa..,OTOOment w tho amendment numberet:l14, 

and agree to the same with an amendment· a.s follows: Strike ont the woru "five" 

from said amendment and insert in lieu thereof the word "three" and after the 

word ''htmdred" in line 21, page 17 of the bill, insert the wor<ls •

1

and fifty;" and the Senato agree to the same. A. A. SARGENT, 

LOT M. MORRILL, J .AMES K. KELLY, 

The report was concurred in. 

Managers on the part of Uw Senate. 

JAMES A. GARFIELD, . EUGENE HALE, 

Managers on Uw part of the House. 

THE CONGRESSIONAL PRTh"TER. 

Mr. ANTHONY. I ask the attention of the Senate to a report 

which I rise to make. 

The Committee on Printing, to whom was referred the letter of 

"F. & J. Rives & Geo. A. Bailey, proprietors of the Globe," ch;1.rging 

the Congressional Printer with being a defaulter to the Goverumcnt 

of the United States in his paper account and with other malfcasnrnco 

in office, have had the same under consideration and h::tve illStrnctetl me to make :1 written report. I should like, as the Congressional 

Printer is an officer of the Senate, to make some remarks pertinent 

to this matter, but at this late stage of the so ~ion I will not do so. I will merely say that the committee have nna.nimously acquitted the 

Cong1·essional Printer of the charges, and that the closing cntence 

of the report, which is signed by all tho members of the connnitte,e, is· in these words : 

In conclusion, the committee :find nothing whatever in the evitlence that im- peaches the integrity of the Congressional Printer. 

I move that the report be printed. 

The motion was agreed to. 

MESSAGE FROM TIIE HOUSE. 

A message from the House of Representatives, by Mr. McPHERSON, 

its Clerk, announced that the House ha,d pas cd the following bill 

and joint resolution; in which it requested tho concurrence of the 

Senate: 

A bill (H. R. No. 3773) to further define and (lnlaro-e the powers and 

duties of the board of health of the District of Coinmbia ; and 

A joint resolution (H. R. No. 115) for the relief of certain clerks and 

employes of the United States. 

The message also announced that the Honse had passed a concur- rent resolution authorizing the Clerk of the House in enrolling the 

seventh Senate amen<lment to the bill making appropriations for the 

payment of claims reported by tho commission rs of claims, &c., to 

insert the words "seven thousand five hundred and forty-five," being 

the sum awarded to the party named in s::tid amendment, and which was omitted from the Senate amendment as engrossed and sent to 

the Honse. RIVER .AND HA.RDOR BILL. 

Mr. CHANDLER. I move tha,t the Senate proceed to the consillcration of the river and harbor bill. 

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

Whole, resumed the consideration of the bill (H. R. No. 3168) making 

appropriations for the repair, preservation, and completion of certain 

public works on rivers and harbors, and for other pnrpo es. Mr. CHANDLER. I move that the :five-minute rule be applied to 

this bill. 

The motion was agreed to. 

The PRESIDENT pro tem.pore. The pending amendment will be 

read. 

The CHIEF CLERK. On page 15 the Committee on Commerce proposed to strike out in line 319 the words "for examinations and 

slu-veys of rivers and harbors and;" and in line 321 to strike out 

"seventy" and insert "twenty;" so tha,t the clause would rea<l: 

For. incidental repairs a.t harbors for which there is no special appro1lriation, $25,000. 
/ 

5292 CONGRESSIONAL RECORD. JUNE 20, 

Mr. CHANDLER. I shall not resist non-concurrence wit.h the 

amendment of the committee but ask that there be a, vote. 

'!'he amendment was rejected. 

'I'ho next amenilinent of the Committee on Commerce was to strike 

out section 2. 

Mr. CHANDLER. I will not insist upon that amendment either. 

'!'he amendment wa 1·ejocted. 

Mr. CHANDLER. I lta,ve orne amendments from tho committee 

which are not printed with the bill. I move on page 14 after line 3 

of section 2 to insert : 

Harbor of New Bedford, MaSsachusetts. 

'!'he amendment was agreed to. 

Mr. SARGENT. I think if the bill is to pass jt would be very 

much better not to make tho inequality which now e:xists in the bill 

any more striking. '!'his bill is a most extraordinary one, and finds its 

parallel only in one or two other river and harbor bills which before 

this time h:we passed Congress. '!'he California. delegation mgod 

very strongly upon the committee . of the House to pay some atten- tion, orne degree of respect to the rccommendn.tions of tho War Department and Engineer Corps anu to the estimates which were sent 

iu, plainly and clearly showing the ncces ·ity of an improvement of 

Oakland Harbor. Cn,lifornin, is the third State in the Union for the eC~..-tent of its sen.-coast. '!'hey gave us for that whole extent of sea- coast 2.=),000 for n,n item that we do not care one snap about, a.nd 

have ovcrlookeu a harbor thwugh which passes annually two and a half million passengers, thrpugh which passes mmually $70,000,000 

of treasure, thl'Ough which puss annually hundreds and hundreds 

of tons of freight, besides an enormous quantity of wheat; and for a harbor so situated, notwithstanding the recommendat.ion of the 

Eugineer Corps n.nd of theW ar Department, we could not get the en,r 

of the committee because they were so engaged in admiring every 

little . saw-mill creek in Wisconsin or Michigan that they had no ear for anything that was fn.rther off. 

I hold in my hand this bill, numbering by the core almost appro- priations for little harbors and little creeks scattered all through n. little knot of States that seem to have the control of the committee 

chn.rged with this bill. . I find that some other States are recognized 

occasionally. I suppose it is perfectly proper thn.t in the great State 

of New York the Great Sodus Bay should have $15,000. When I read 

the bill, I supposed the adjective "great" entitled tbern to thn.t; hut ou looking immediately below I found that Little Sodus Bay in New 

York has $15,000 aJ.so; so that whether it is" groat" or whether it is 

''little," anywhere inNewYorkor anywhere in \Visconsinoranywhere 

where there are a good many votes to support n, river n.nd harbor bill, 

there is an opportunity for the demands of tbe Department and for the 

demands of the commerce of the country to be heard. But when it comes to a great improvement like thn.t for which I speak, which is au olutely necessary to a commerce now carried on under tbe greatest 

difficulties, then it cannot be heard! 

'!'here was another amendment proposed by my colleague for San 

Diogo Harbor. As it was shown to this committee, it wn.s phtin thn.t 

the river had burst its bounds this last season under the exigencies 

of the floods, so that that which formerly ran into Fn,lse Bay had forced 

its way into San Diego Harbor, so that the second best harbor on the 

coast, almost the only one outside of San Francisco which is safe for 

large fleets, wa filled up by mud and sediment canied down that 

river, was rapidly :filling up from headland to headland; and it was known that in a year or two it would be so filled up that this magnificent harpor would be entirely obliterated. Could we get the ear of the Senator from Michigan to that for one moment N otwithstauding that the department themselves hall made the surveys, had recognized this exigency and had called the attention of Congress to it, no more could we get the attention of the chairman of the committee of 

tho other House and his committee there, but when it wa.s called to 

their attention it wn.s 11assed aside; and we were told, "0, no; we are not going to do any new W.ork/' '!'hat is what we are told, ' no new wol'k," although natUl'e itself h:u; compelled the necessity for the 

work. You cn,n improve your Little Sodus n.nd your Big Sodus, and 

you can fiud your way all through these little places in :Michigan, the ua.mes of which are so obscure that you will not find them written 

down on any map, however minute, where perhaps there may not be 

anything more than a aw-mill or a fn.rm-house seen in the yet tmcut 

forest, and there in order to get saw-logs ont of those native wilds 

you make these improvements; but where there is a town of twenty 

tl.tousand inhabitants a>S there is :.tt Oa.kland, where there is a growing city as there is at San Diego, where t.here are two and a half million passen~~rs passing over the water-front that we ask to be improved, notning whatever can be done; and why 1 Because it is so far off, being on the Pacific coa t! 

Is it because the repre entati ves of that coaet arc few in CengTess 

and we cannot be heeued 1 Or is it true that it is not the policy of 

Congress, no matter how urgent a case may be, to do anything toward new works of improvement, n,lthough they may be so important that 

yon are drying up tho sources of yom· commerce, although they may 

l• so important thn,t without them your harbors will l1o Ulockaucd 

up, n.ml tile ships will sail for huudretls of miles along an inhospitable coa. t without opportunity for refngo or opportnmty to land their 

eargooH. '!'he <liflcren e uetwccu the continent of .Africa to-uny and 

tl.mL of Europe, anu thn.t of Americn., is t.hat one is not inuentcu with 

harbor , and there arc no waters running from the ocean inland over which commerce can ail and the inhabitants get contact with Lhe 

outside world. '!'his circumstn.nce mn.kes the difference between barbarism, sterility, and degradation and civilization, cultivation and 

elevn,tion. '!'he difference is made by acce s to the ocean. '!'he PRESIDENT 11ro ternpo1·e. '!'he Senator has spoken five minutes. 

:Mr. CHA..."''fDLER. Mr. President, this Oakland, if that be the name, 

is a place where a railroa"(]. has built a trestle-work out into San Fraucisco Bay on one side of it. It would cost several million dollar : I cannot tell how many, and is for the benefit of this milroad com- pany. '!'he engineers say this: · 

If such be the views of CongressThat is it is not recommended, butIf such bo thevi.ewsof Congress, and if it be decided to improve the harbor of Oak· 

lanu, w~ recommenu tho appropriation of the amount necessary to con truct the two traming walls and dredge out a. channel between them one hundred feet wiuo 

having a uepth of six feet at low water, at the present session of Congress, nam~ly; $479,094. . 

'!'he Committee on Commerce do not look upon this Oakland cheme as a proper one for it to take hold of at this time. If there is anv State in the Union that has no reason to complain of the liberality of 

this Government, certainly it is the State of Californin.. 'I'ho S n- ator forgets that we aro paying $1,075,000 a year subsidy to two steam 

lines for the benefit of the commerce of San Franci co. He forg ts 

that we have been paying this enormous sum for years. He forgets 

that this nation has expended millions n,ud tens of millions of dollars 

in building a railroad for Califoruin, and in building this very railroau that now comes into this town of Oaklanu and a ks an ono:rmous appropriation to create a harbor where none exists and when they 

might have terminated theil' road upon a good harbor just as well as run it out on trestle-work where there is no harbor. I ask fol' a vote. 

The amendment was agreed to. 

Mr. CliAl~DLER. On behalf of the Committee on Commerce I 

propose after line 71 of section 2 to insert : 

Red River of the North, from Breckinridge to Moorhead. 

'!'he amendment was agreed to. 

Mr. DAVIS. I wish to make a correction in line 73 of section 2. 

"West Virginia" should be inserted where" Kentucky" is. '!'he rivor 

is in West Virginia. · The PRESIDING OFFICER, (Mr. A.t~oNY in the chair.) 'l'ho 

amendment will be considered as agreed to if there be no objection. 

l\1r. CHANDLER. Af-ter line 0 of section 2 the committee propose 

to in ert: 

Big Sandy River, from its mouth to Piketon and to Warfield, in Kentuck--y. 

'!'he amendment was agreed to. 

Mr. CHANDLER. After line 85, section 2, tho committee propose to 

insert : 

For a channel of land-locked navigation from the Mississippi River, at or near New Orleans, along the lakes. sounds, and estnari s of the gulf shores, thenco by river and canal across the peninsula of Florida to harbors of the Atlantic coast. 

'!'he amendment was agreed to. 

Mr. CHAJ\TDLER. In line89 of section 2, before "Wicomico," the 

word "Little" ought to be inserted. 

'!'he PRESIDENT pro tempore. '!'hat amendm~nt will be made if 

there be no objection. 

Mr. CHANDLER. There is one n.mendment that the committee 

propose on page 14, line 318 of section 1-to insert the following, which 

does not increase any appropriation, but simply explains how an appropriation shall be expended : 

That the appropriation under the act of March 3, 1873, for the imp-rovement of 

the harbors of Washington and Georgetown, be made to apply to dredging the VirJ!inia or Georgetown channel of the Potomac above and below Long Bridge, and 

that the earth excavated therefrom be deposited so as to carry out as Jar as prac· ticable the :plan for improvin~ the harbors of Washington ann Georgetown in ac- cordance With the report maue to Cong1·ess December 17, 1872, by a board of sur· v~y created by an act of Congress approved March 5, 1872. 

'!'he amendment wa>S agreed to. 

Mr. HAMILTON, of Maryland. I have a little amendment to offer 

at the end of the bill for a survey. 

l\fr. DAVIS. I wish to inquire now whether tho second section is retained or not t The committee recommended triking it out. 

'!'he PRESIDENT p1·o tentpore. 'l'hat amendment has been (lisagreed to. , Mr. STEVENSON. I should like to jnqnire of the gentleman who 

has the bill in charge whether the committee insist on their amendment to strike out in the bill from line 319 to the end of the first sec- tion¥ 

Mr. CHANDLER. No; that amendment has been non-concurr d 

in. '!'hat clause remains as it passed the Hou e. 

l\11'. HAMILTON, of Maryland. I offer the following amendment, 

to come in after line 190 of section 2,for the survey of a little harbor on the Potomac River: 

llarbor of LP.onal'(ltown, 13Iitton Ray, Potomac Rivor, Marylruul, with a view to remove ob Lructions. 

The amendment wa n,greed to. 

Mr. RANSOM. I offer an amendment on pn.ge 10, line 224, to strike 

out "ono" :mel ins01't ''two;" HO thu,t tho cJn,nso will r ;ul: 

For continuing the improvement of tho Cape Fear River, ..r orth arolin.'t, :2UO,lJOO. 
.,. 

1874. CONGRESSIONAL RECORD. 5293 

1\fr. CHANDLER. I hope that amendment will not be agreed to. The committee did not recommend a.n increase of tho amount in this 

bill, but struck out certain items and n.dded the amounts thu.t were stricken out for other works. All the additions that were recom- mended have been concurred in and none of the diminutions. Now I 

have upon my desk something over $4,000,000 of :proposed amend- ments to this bill. It must be appn;reut to every ou that if we begin 

to adopt these amendments they will load the bill so heavily that it 

will sink. 

Now, sir, with regard to Cape Fear River, I hold in my hn.nds the 

revised estimate of the engineers, which I will read. The original e timate of the bon.rd of engineers wns: "For Cape Fear River 

$150,000." The revised estimate was $100,000, aml the committee 

allowed precisely the amount asked for in the revised estimate. I bope 

the Sena.te wilJ stand by tlle committee a,nd by the recommendation 

of the board of engineers, and retain the C&pe Fear appropriation at 

$100,000, as it stands in the bill. . .Mr. R.A.NSO.M. Mr. President, I will not detain the Senate n.t this 

l ate hour more than a few moments. The statements made by the 

ch..'lirman of the Committe on Commerce are true. Tbis amenclment 

for ~00,000 is not recommended either in the revised or original estimates from tbe Engineer Department. But there is now before the 

Committee on Commerce, and I have instructed tbe clerk to have it 

here for the information of the Senate, a lett.er from Colonel Craighill, the engineer in charge of the work. In that letter this officer, distin~uisbed for his skill and judgment and thoroughly ac<(uaintcd 

witll tlle Cape Fenr Harbor, declares that an appropriation of $250,000 

ought to be made for this improvement. I will have the letter read 

for the information of any Senator who desires it. The experiences 

of last year len.ve no doubt that $100,000 is t.otally inn.deqnate for the 

consummation of tho work. Bnt, in the opinion of this reliable engineer, an expenuitlll'e of $250,000 promises results that make it our duty 

not to hesitat.e to make the appropriation. Not only his reports, but 

the concurrent reports of all tbe officers who have examinetl the Cape 

:E'ear Harbor, without exception, abound with evidence that for tbe 

meager amounts appropriatetl extraordinary results have been accom- plished; and I believe that with the expenilitnre of the sum now a.sked 

the highest expectations of the engineers will be realized. I shall not 

undertake to explain to the Senate the manner in which this improvement is to take place. I 1will simply state that is the judgment of 

every competent engineer, iortified by the conclusion of all men of 

practical sense who have a knowledge of the harbor, and confirmed by 

uniform experience for half a century. 

Nor, Mr. ·President, is this a mere local work. Let me assure the 

Senate that it is a great national improvement. Look at our Atlantic 

coast. Yon will see that the Wilmington or Cape Fear Harbor lies 

not very far south of Cape Hatteras, on the great coa-st line of American trade. It is well known to mariners that Hatteras is one of the 

most, if not the most, dangerous point upon the American or :my other 

coast. I do not know what to say of it except that it seems to be the 

rendezvous for all the perils of the sea. Cape Fear Harbor, lying 

immediately south of this fearful impediment to navigation, is a con- venient refuge for the crippled and wrecked ve sels that bave sur- vived its winds and rocks and storms. I need not say to the Senate 

how important, how prudent, how humane it is that tllis harbor of 

refuge for the commel'Ce of the whole coa t should be cared for by the 

Government. 

And let me say that in another sense the port of Wilmington greatly 

deserves our consideration. Are Senators aware that the e},_-ports 

of Wilmington for the last year amounted to $13,000,000; that thirteen hundred ve. ·els were entered and cleared at her bar; that her 

shipping-list in the year 1873 increased one hundred and twenty ves- sels; tbat her exports of lnmber reachecl twenty million feet, her 

resin a half million of bane1s, her turpentine two humhecl thousand 

casks, her cotton fifty thousand bales' Situated as Wilmington is in 

the heart of the cotton and great lumber region of the South, at the 

mouth of tbe Cape Fear River, which runs back two hundred and fifty 

miles to the inexhaustible coal and iron beds of North Carolina, with 

tbree trunk lines of railway extending north, south, and west, almost 

in speaking distance of Cuba and the West Indies, and with a coast 

line from tbe Gulf to the northern lakes, she must become the great 

depot and m:trket for lumber, for coal, for naval store , and for all 

the productions of that, section of the conntry. Why, there is not a city on the waters of the Atlantic that is not interested in the improvement of Cape Fear Harbor. In Norfolk, Richmond, Baltimore, 

Philadelpbia, Ne·w York, Boston, you will find the naval stores, the 

lumber, the turpentine anu resin of Wilmington. The whole colmtry 

has an interest in this improvement. 

There is another consideration which I wish to address to the 

Senate. I have before me-and I regret that I have not time to road it-a speecb of Hon. William S. Ashe, formerly a Representative 

Crom the Wilmington district in the other House of Congress.} deliv- ered in 185 . I must say that I knew him well, and rnever knew a man of more intelligence, moro patriotism, or better common sense. In that speech he informed· the House that before the erection of 

Fort Caswell iu 1823, the bar at Wilmington drew from sixteen to 

twenty feet of water. 'l'he position of the fort and its influences on the current of water and sand-drifts HOOD filled tho channel aucl left 

ouly some .nine feet of water-- · 

Tho PRESIDING OFFICER, (Mr. ANTHoNY in the chair.) Tho 

Seuator has spoken fivo minutes. 

Mr. R.A.NS01f. I appeal to the Senate to adopt the amendment. 

Mr. CHANDLER. Permit me to say that the Senator isreadino- from 

the local engineer's report. 'Vere we to take the reports of th~ local 

engineers on :=til t!Jese different works, $30,000,000 would not begin to 

carry out therr wlShes. We take the report of the board of engineers, and we have given every cent that the board of engineers 

asked for tbis work, to wit, 100,000, and that is the largest appropriation which has ever been made to that harbor, and the Senator 

himse.lf ~ays th~ benefit has been incalcuable from the 100,000 appropnatwns whwh we have heretofore made. I hope therefore the 

Senate will stand by the recommendation of the board of en!rineers 

and leave this appropriation as it is. It is the largest made for any 

harbor in the Unitecl States. 

Mr. SPRAGUE. I had occa-sion when this appropriation wa-s first 

introducetl into the Senate to approve of it. I approve of it becaflsc 

the improvement is in a section of the country which makes it na- tiqnal in its character. It is national because we are deriving immense advantages from the inuustries of that section. Whenever the Congr~ss of th~ Un.ited State.s. can. contribute t.heir moiety, their pittance, m any direct10n where 1t w1ll be of advantage to that section 

of c01;mtry, it is important that Congress should do it. 

The Senator from North Carolina has urged this proposition from 

its local consiuerations. I urge it from its national considerations. 

""Without the industries as they are developed at the South this 

country, bearing its great debt, would be prostrate to-day. 'Take 

California, with all its accumulations through mines and minerals or any other portion of yolll' country, and it cannot compare with tbis 

region in the accumulation of balances favorable to your industries. 

It is upon your foreign balances that yon a.re to-day able t'o sustain 

whatever financial credit yon have. I trust the Senate will accord to 

the request of the Senator from North Carolina for the appropriation 

he desires. It will be the money best spent of any appropriated on any of the bills I have seen entertained in the Senate. I hope that 

the request of the Senator from North Carolina will be f:l.vorably con- sidered. INDIAN APPROPRIATION BILL. 

Mr. SARGENT. I ask leave to submit a report from the second com- mittee of conference on the bill (H. R. No. 2343) making appropriations for the cunent and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, 

for the year ending June 30, 1875, and for other purposes. 

The conference report ha been heretofore agreed to by the Senate 

but was disagreed to by the Honse of Repre entatives, and a second 

committee appointed. The only difference between the two Houses was on the single item of the appropriation for the Apaches, the 

House disagreeing with the amount which the Senate required for that 

purpose. The second conference have reduceu that appropriation 

50,000, making it $500,000 instead of $550,000. That being the only 

difference, I ask that we have a vote at once on the report. 

The report was concurred in. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. McPnERSON, 

its Clerk, announced that the House had pa sed a bill · (S. No. 732) 

supplementary to the act entitled "An act to incorporate the Texas Pacific Railroad Company and to aid in the construction of its road, 

and for other purposes." 

The message also announced that the House had concurred in the 

report of the committee of conference on the disagreeing votes of the 

two Houses on the bill (H. R. No. 3030) making appropriations to 

supply deficiencies in the appropriations for the service of the Government for the fiscal years ending June 30, 1873 and 1874, and for 

other purposes. RIVER Al."'D HARBOR BILL. . 

The Senate, as in Committee of the Whole, resumed the consideration of the bill (H. R. No. 3168) making appropriations for therepair, preservation, and completion of certain public works on rivet'S 

and harbors, and for other plll'poses. . Th~ P~ESIDING OFFICER, (Mr. FERRY, of Michigan.) Tho 

question 1s on the amendment of the Senator from North Carolina 

[Mr. RANSOM] increasing the appropriation for continuing the im-

:provement of the Cape Fear River, North Carolina, from $100,000 to 

$200,000. 

Mr. CHANDLER. I hope it will not prevail. 

The amendment was agreed to; there being on a division-ayes 31, noes 10. 

.Mr. FRELINGHUYSEN. I offer the following amendment to como in on page 12, after line 278 : · 

That the sum of $50,000 is appropriated for the opening ana improving of the 

channel bet.ween Staten Island and New .Jersey. 

:M:r. President, New Jersey ha-s mn.de very few applications for appropri ations of this kind by the Government. This is a very essential one. There is a narrow strait of water between Staten Island and 

New J ersey known as Arthur Kill. It does not b long to the juris- Uiction of either New York or New .Jersey exclnsivoly. All t.ho com- merce passing from the city of New York to Philaclclphin. hnH to pass 
5294 CONGRESSIONAL RECORD. JuNE 20, 

throucrh t~ narrow strait. As it is now, it is not navigable except 

at hio~h tide. Consequently, there is a great deby in vessels and a great expense in con equence of vossols getting- agr~mncl thor.. I 

will state that the navio-ation through that stratt whtch comes from 

the Delaware anu Raritan Canal alone is $40,000,000 a year, and the 

whole navigation. is impeded by .the delay in conse9-nence of the n ecessity of U.redgmg o?t ~at strrut. W~ now ask this. s:n;tall appropriation of $50,000, which IS really a national appropnati?n, for no ve ·sel can have any inland navigation between those cities except 

through that narrow strait. 

Mr. CHANDLER. I do not l:now tbat it is worth while for me to 

attempt to resist any additions to this bill. My impression now is 

that the intention is to load this hill until it is loaded down, auu hence I shall not resist anything. I will inq nire, does this amendment 

come from any committee f 

Mr. FRELINGHUYSEN. Notice was given of it and it was served 

upon yonr committee. 

Ir. CHANDLER. My committee dicl not arlopt it. 

Jl.lr. FRELINGHUYSEN. No; but notice was given of it. 

Mr. CHANDLER. I make the point of order on it. 

Mr. FRELINGHUYSEN. What committee could. it come from f 

The PRESIDING OFFICER, (Mr. EmruNDS in the chair.) Is the 

Senate l'eady for the questionf 

Mr. CHANDLER. I made a point .of order, and I ask the qhail· to 

rule upon it. The amendment is not recommended by any committee. 

Mr. FRELINGHUYSEN. Notice was given of this amendment, 

and it was served on the committee. The PRESIDING OFFICER. The Chair understands the Senator 

from New J ersey to ay that he gave notice of this amendment and 

bad. it referred to the Committee on Commerce. 

Jl.lr. FRELINGHUYSEN. I diu. 

The PRESIDING OFFICER. The thirtieth rule provides in the 

first place for amendments to general appropriation bills .. T~ b~ 

is not a. general appropriation bill, but is a special appropnation bill 

which does not go to the Committee on .Appropriations. In this re- spect the language of the thirtieth rule provides : 

A.n<l in like manner, notice of amendment-s to bills ma.1dng appropriations !or 

rivc\J"s an<l harbors shall be given and referred to the comnntt.::c to which such bills 

shall be referred. 

The Chair is of opinion that the words "in like manner" in connec- tion with what precedes them refer to the fact of notice and do not 

refer to the provision of carrying out any exlliting law, &c., for the 

provision is: 

All amendments to ~eneral appropriation bills r eported from committees of the 

Senate , proposing new 1tems of appropri...'ttion, shall, one day before they are ofl'ored, 

be refeiTed, &c. 

.And "in like ma.nner notice of amendments to bills making appropriations for rivers and harbors" sb::t:ll be referred. The Cha,ir is of 

opinion that amendments to these bills must be 1·eported trom some committee and then referred, but it is not necessary that they shall 

be ma.cle to carry out the provision of an existing law. Therefore, if 

the amendment of the Senator from New Jer ey was referred to t.he 

Committee on Commerce on the recommendation of any other com- mittee, it is in order. If it was referred merely on the motion of the 

Senator from New Jersey alone, the Chail· is of opinion that it is not in 

oruer. Mr. FRELINGHUYSEN. "\Vell, Mr. President, for information, 

with all respect, I ask how is the judgment of .the Committee on Commerce ever to be corrected! There is no committee to whom I 

could apply to have that recommendation. 

The PRESIDING OFFICER. The Chair is unable to answer that 

question, but only undertakes to administer the rule as in the opinion 

of the Chair it was evidently intended to be administered. 

Mr. HAMILTON, of Texas. I send an amendment to the desk, to 

insert in section 2, making provision for surveys, line 53, after the 

worcl ''bar" tho words "and Red Fish Bar;" so that it will read: 

Cedar Bayou Ba.r and Re<l Fish Bar, in Galveston Bay, Texas. 

The chair~an of the committee agrees to this amendment. 

The amendment was agreed to. 

Mr. HAMILTON, of Texas. I offer another amendment, to insert 

in tho rune section, after line 78, the words "month of Saginaw 

ltiver, Michigan." 

The amenclment was agreed to. 

Mr. WEST. I am instrnctecl by the Committee on Transportation 

Routes to t.he Sea-board to offer the following amendment as an additional section to the bill : 

SEc. -. Thv.t a. board of engineers, to be compose<l of two from the Army, two from tho Coast SID'vey, and throe from·civil life, be appoin~d .b:V: th~ ~esitleJ?t; 

which said board. shall make a survey of th~ ~outh of t~e M:ls.sxssxppl R1ver, With a. \iew to ll.etermmo the best method of obtammg anll. mamtainmg n depth of water Rnfticient for the ~nrpo es of commerce, either by a. canal ·from said-river to the waters of the Gnl or by deepening one or more of the natural outlets of said river; and said board sha m'\ke a full arid detailed estima,te and statement of the co t of 

each of said plans, and shall report the same, together with their opinion th reon, showing whlch of all saitl.plans they deem preferable, giving their reasons there~or, 

tt• tho ScCTetary of War, to be presented at the common cement of the second sess1011 

of the FOity-third Co11gres ; and that the sum of -o,ooo, or so much ther eof as may bu necessary~ is her by a.ppropiia.ted, out of vny funds in the 1'r ea.sury not otherwise 

approp1ia.tcu. · 

Tho· amendment was agreed to. 

Mr. WINDOM. I offer the following amendment, to como in on line 125, page 6: 

Strike out "50 •· and insert "200," so as to increase the appropriation for con· tinning the improvement of the Falls of Saint Anthony from $50,000 to ::!00,000. 

I ask the attention o.f the Senate to this amendment. It is one in 

which I feel a great interest, and I believe that if the Senate understand it there will be no question about its adoption. 

When the Department were requested at the opening of this ses- sion to revise and reduce their estimates they sent ba,ck the following 

statement: 

Ha.vin.,. thus presented the reasons for the scale of expenditure r ecommended 

hy this d'epartment, I have now, in conformity to the resolution of the House of. Repr~sen~tives ru:td the r eq~ements _of t):le Preside~t ~d Secretary of \Var, to submit reVIsed estimates, takin.,. for gwde the appropnations of the last river :mu 

harbor act, with the condition a'a.docl that the estimates shall not be so reduced a,'i 

to cause serious detriment to the public service. The estimate of amounts nor.llncl 

for the preservation of the Falls of Saint Anthony, and tile deepening of the ch. n· 

ncl at the mouth of the Mississippi River, are instances whoro the ori!!ina.l Cllti· 

mates are retained under the latter condition. " 

Thus among all the improveme:uts named for the country but two were selected upon which specific stress was laid by the department 

that the amounts estimated .for were requil·ecl and could not be re- duced without serious detriment to the public ervice. 

Now, lli. PI·esident, the amount that f have oftcred conforms to the 

reduced estimates of the department. It is the amotmt which tho 

department say must be appropriated in order that. the pnblic service 

may be an bserved. I ask that the amount thus demanded by the department, which they say is absolntelynecos ary, may be appropriatecl. 

'!he appropriation Tecommended here by the department is fo'r the 

preservation of the Falls of Saint .Anthony. Wo have ab(}ve tho o Falls now eighty mile of river navi~ation. We have aronml in the 

region which is benefited by that naVIgation over two million bushels 

of wheat produced at present, and within the next three or four years 

it will be ten millions. The saving produced by this navigation today is seven cents per bushel on transportation, amounting to over $140,000 a year. The department tell us that unless the amount they 

ask for is appropriated there is great peril that the Falls of S:rint 

.Anthony will go out within. the next year. It is but a thousand fe t 

fTom the lower edge of the falls to-day to the npper end, and a thin 

rock a~one protects it, and the water is already percolatinrr through 

the sand below. It is of the most imminent necessity that 0whatever 

is done should be done at once in order that tha.t navigation may be 

maintained, and as -our investigations this summer showed, a slight 

appropriation above the Falls of Saint .Anthony will give us five hundred miles of navigation into the finest wheat region in the worlU. 

Now, lli. President, if the e falls are permitted to go ont we shall 

have to expend many millions of dolla.rs in order to build a dam 

there. If they do go out we shall have eight or ten miles of rapids 

which can never be improved without the appropriation of manymillions. .A small amount now will save'it, and as the department t oll us they must have that amount, and when a.sked to reduce it ay thoy 

could not cut it clo:wn without serious detriment to the public service, 

I ask that it may be allowed. 

Mr. CHANDLER. I merely wish to state that not one single dollar of this 50,000 or the $~00,000 is used even in the interest of navigation. It. has no more business in this bill than an appropriation to 

build a saw-mill on any river in these United tates. It i imply to 

protect a water-power. They have not dug a single foot to improve 

navigation. They have not clone a thing except to spencl this money 

to protect a water-power at the Falls of Saint .Anthony. 

Mr. President, I am sorry the Senator from Minnesota has offered. this amendment, for it will compel me to state the facts in this case. The committee with great reluctance took the. appropriation as it stands, because it was in the bill as it came to us from the 

Honse. The opinion of the committee was unan.imous that this appropriation had no business whatever iu this appropriation bill. We are not in the ha.bit of building dams ana spending hundreds of thousands of dollars to protect the private water-power of anybod.v. 

Mr. R.A.MSEY. 1 will say to the honorable Senator, if that is so, 

the committee were very poorly possessed of information. 

JI.Ir. CHANDLER. We hau all the information we could have. :Mr. R.A.MSEY. I cannot conceive that any committee pl'operly informed on this subject would come to such a conclusion. 

The Senator say this is an inappropriate appropric'l>tion. By it you save a navigation already in, u e upon which steamers ply for seventyfive miles, and with a few changes in tho channel, with here anu there a change, the removal of a bowlder or a few rocks, you can have 

five hundred miles of good navigation above tho Falls of Saint .Anthony. 

The theory on which the appropriation ha.s been made to Saint 

-.Anthony Falls from time to time is that if these falls were swept out 

the river would be, as my colleague say , a continuation of rapids 

instead of a na.vigable stream above. Snrely no one wants to let the 

Father of Watersrundownintosuchacontemptible condit.ionofthings as that, and yon can save it all by this small appropriation. The com- mon pride of an .American citizen would prevent him allowing that 

kind. of degradation to this great river, if there was no other moti vo. But, si.J:, at the Falls of Saint Anthony we have an immense waterpower that we de ire to· save, not for ourselves alone, but for thtl 

nation_. You may say iti an individual matter1 a mere private enter-
1874. CONGRESSIONAL RECORD.- 5295 

prise; but it is so large tha.t it becomes nat ional in its chaJ>aoter. 

There g.t those falls by the mill-power they ha.ve they turn out seven thousand 1->arrels of tlour every week; mil.l.ions and millions of bushels 

of wheat Me turned into flom· there; besides :1 grea.t number of other 

enterprises. It is one of the largest lumber estaulishments; a. larger 

amount of lumber-sawing is done there than in DJ.most any other 

locality on the continent. : Mr .. THURMAN. Will my friend allow ~e to a.sk a question f 

Mr. RAMSEY. I have but five minute . Mr. THURMAN. If there is such an a.monp.t of business there, can- not the proprietors of those mills secure their works themselves! 

Mr. RAMSEY. Well, sir, they ha.ve done so; they have almost re- duced themselves to poverty by their effort-a in this direction. The 

towns in that vicinity ha.vo taxed themselves three or four hundreu 

thousand dollars to !:lave that water-power. Now, would the Senator, 

iu the bee of all these bets, and the large· interest the nation has in 

this work, make these _people individually tax themselves to their 

perfect ruin and dest.ruction 1 

Mr. SPRAGUE. From the statement ma-de by the chairman of the 

committee who reported this bill, I deem it my unty to move that 

lines 123, 124, 125, 3Jld 126 be stric~enfr-om the bill. Those lines reau 

as follows: 

For continuing tho improvement of the Falls of Saint Anthony and for the im- P!ovement of the Mississippi i vcr ;1bove the Falls of Saint Anthony, Minne~>ota., 

~0,000. 

The PRESIDING OFFICER. Is that an amendment to the pending amendment offered by the Senator from Minnesota T 

1\lr. SPRAGUE. I move that that be laid on the table. 

Mr. CHANDLER. Let the amendment be reporteu. I could not 

hoar the.Senator from Rhode Island. 

Mr. SPRAGUE. I move to lay the amendment of the Senator from 

Minnesota on tho table. 

Mr. WINDOM. I h \1pe the Senator from Rhode Island will allow 

nte to a.nswer the Senator from Michigan. 

The PRESIDING OFFICER. The Senator moves that the amendment be L<tid on the table. The Chair is informed the effect of that 

motion on this bill will be to carry the bill with it. The question is on the motion, which is not debatable, to L'ty the amendment on the 

table. The motion was not agreed to. · Mr. WINDOM. The Senq,tor from Michigan says that his committee were unvcimous in opposing this amendment. If the Senator ven- tured in the quiet of the committee-room to make such statements as he has made before the Senate to-nirrht and the committee did not 

take the trouble to investigate them, 'I do not wond~r that the com- mittee were unanimous on that subject, for I assert here just as strongly as the Senator from 1\-fichigan has made his assertions, that 

he is wholly mistaken, and ·that .there is scarcely a word that is true 

in a single sentence he uttered on the subject. 

Mr. CHANDLER. Allow me to ask the Senator whether a dollar 

w<ts ever expended on the Falls of Saint Anthony for the purpose of 

navigation? 

The PRESIDING OFFICER. The time of the Senator from l'tfinnesota. has expired. · Mr. WEST. I move that -the Senator have leave to proceed. 

Mr. SPRAGUE. I object. 

Tho motion wa agreed to. 

Mr. WINDOM. I do not desire to proceed more than a moment or two. I simply wish to answer the question of the Senator from Michigan. I say, yes. I sa.y there have been vessels running there for 

many year . They were suspended for a short time on ac~onnt of the 

fact that the railroads were built and the river wa-s not improved 

above ; but recently, within the last yeM or two, on account of the 

high prices prevailing upon the railroads, the vessels have again been 

put Qpon that river, and are now carrying wheat :mel corn in large q nantities from that section. While it is true that there is an interest 

there, which is a very large interest, too, that is anxious to have the 

water-power maintained, it is also a continuation of the navigation 

of that river for :five or six htmdred miles. · Another thing is very remarkable, that this should be one of the 

two things which the department of this Government having this 

subject. in charge say are indispensably neccssaJ.·y to be done. I have 

known for some time that the Senator from Michigan was determined 

t·ha.t nothing shonlcl be done here. He has from the very start set 

his fa-ce against this improvement, and determined whatever may be 

the consequences to the navigation of that country that by every means in his power this thing shall not be done ; and I see that 

determination is sought to be carried out here t.o-night. Notoulyhave 

this department when asked to revise their estim:ttes refused to reduce them in t·his ca e, but they sent a board of five eno-ineers t,o 

make an examination this winter, and when that special bo~rd made 

their examination, they came back alid reported the same recom- mendations that .are made here to-night by the report of the Engineer 

Depqrtment to which I have referred. 

ow, sir, I say this appropriation is of t.he utmost importance to 

fh·o hundred miles of na.vigation tha.t can be made above t he falls at 

very little expense; and I clo not believe that when tho Senate have 

staid here to-night and a.pprop1'iat-ed ·30,000,000 under the other bill 

that we have just passed without que ·tjon, theyarogoingtopermitthis 

great improvement to remain Ullfinished and this great peril to the 

interests of that northern counb:y to be suffered. I a-sk for a vote on my amendment. lr. BUCKINGHAM. I ha.ve no doubt of the importance of improving tbe navigation of the Mississippi above the Falls of Saint Anthony; that there is a long clist.ance there which if improved will 

promote the interests of commerce;· bnt whenever you bring the prod- ucts of that country lying above those falls down to that point, before they can take the river below, they must be reshipped, and if 

reshipped there must be a cartage of a certain distance; it may be one mile and it may be two. It is impossible for this Government to do 

anything to prevent that transshipment of merchandise. The same thing must take place with anything that is going up the river. 

Now the question is, what is the duty of tho Government with 

reference to the preserva.tion of the falls ! There is no such thing aa preventing a transshipment of the merchandise; but if the Govern- ment will spend its h1mdreds of thousands and preserve the falls, the . (listance of cartage will be shorter than if the falls are broken awav and there become a few miles of rapids. The interest of commerce and the interest of transporta.tion simply depend upon whether you 

shall do that cartage one or two miles, as you do it now, or shall be 

obliged to do it five or ten if the falls go a.way. That lli a.ll the differ- ence a.s far as I understand it, a.nd it is a question whether the Government will appropriate money to provide transportation by teams 

instead of by wa.tcr, two or ten miles, more or less. The PRESIDENT pro tempol'e. The question is on the amendment 

offered by the Senator from Minnesota, [Mr. WINDOM.] 

Mr. CHANDLER. I hope tho appropriation will not be increased. The question being put, there were on a tlivision-ayes :n, noes 10: 

Mr. HAMILTON, of Maryland. I call for the yeas and nays. _ The yeas and nays were ordered; and being taken, resulted-yeas 

30, nays ~1 ; as follows: 

YEAS-Messrs. AlliS6n Anthony, Bop:_v, Borem:m, Carpenter, Conover, Cra_!!in, 

Davis, Edmunds, Fenton, Flanagan, Frelinghuysen, llamlin, Hitchcock, Ingalls, .Jolruston, Kelly, Mitchell, Morrill of Vermont, Norwood, O_glesby, Patterson, Pease, 

Ramsey, Ransom, Schurz, Tipton, Wadleigh, WeRt, and Windom-30. 

NAYS- Messrs. Alcorn, Bayar!l, Boutwell, Buckingham, Chandler, Dennis, 

Goldthwaite, Gordon, Hager, Hamilton of Mar~ land, Hamilton of Texas, McCreery, 

~!~~b~~~~f"Y• Scott, Sherman, Spencer, prague, Stevenson, Thurman, and 

ABSENT-Messrs. Brownlow, Cameron, Clayton Conkling, Cooper, Dorsey, Ferry of Connecticut, Ferry of Michigan, Gilbert, Harvey, Howe, .Jones, Lewis, 

Logan, Merrimon, Morrill of Maine, Morton, Robertson, Sargent, Stewart, Stockton, and Wright-22. 

So the amendment was agreed to. 

Mr. WThTDOM. As a portion of the same amendment I move to 

insert after the word "dollars," on line 126, page 6, the words, "aml 

$'25,000 of said amount shall be expended for the improvement of the 

Mississippi River above the Falls of Sa.int Anthony." 

This amendment does not increase the a.ppropriation, but simply ~~~ . Mr. THURMAN. Let us understand that. Is that $25,000 of the 

$200,000¥ 

1\Ir. WINDOM. Yes, sir. 

Mr. THURMAN. That leaves $175,000 to be expended on the falls f 

Mr. "WThTDOM. Yes, sir ; 25,000 less than the estimates. 

Mr. THURMAN. Well, Mr. President, I think this amendment 

discloses the whole secret of this business. If there was any doubt 

before about it there cannot be now. Here was an amendment proposed to increa-se the appropriation for the Falls of Saint Anthony 

150,000, and one might suppose that a large portion of that was to 

improve the navigation of the Mississippi above those falls, which 

might be a yery reasonable thing. · Now it turns ont only ,. 25,000 

is to be appropriated for that purpose and $175,000 for the protection 

of the mill-owners at the falls. That is the whole of it. :Mr. WINDOM. I stated in t-he discussion on the other amendment 

that the $200,000 was for the improvement of the falls, bntit is ueces· sMy in order to perfect the navigation through the eighty miles I 

spoke of to have a few loose rocks removed, and we are willing to ,give a portion of the estimates for the falls in order to do that work. This 

does not increase the appropriation already ma.de. I will not occupy 

any further time upon it. 

The amendment was agreed to. 

Mr. WINDOM. I now offer an amenclment to come in at the end 

of line 318. It is for the surveys which the Senate directed by a r so- lution passed the other day : 

For surveys and estimates for the improvements recommendc(l by the Senate Select Committee on Transportation Routes to the Sea-board, upon the four routes indicated in the report of said commit-t{)e, and also upon a ronte from the mouth of 

the Yonghiogheny River, to continue the slack-water navigation up said river to its 

head-waters at the foot of the .A.ll e~hany Molmtains, thenco by Canal to Cumber- land, intersecting there the Chesapeake and Ohio C:mal, ~0,000, to bo expended under the "direction of the Secretary of War in such manner as in his jud~ent 

will secure the greatest amount of exact information for each of saiu routes. 

Mr. EDMUNDS. I should like the ·senator to state where these 

fom' route-s are precisely, o that, 'Ye can see what sections of the coun- try they traverse. Mr. Wli\fD0:;\1. They are the four routes recommended by the Com- mittee on Transportation. Oue i the Mississippi route from tho Lead 

to the month. The other is known as the northern lake route ; tho 

other the central route on the Ohio River, connecting with the At.lantic ncar Richmond; and the other is a ronte including tho improvem nt 

of the 'l'enne see and its connections with tho Atlantic Oceau. I !Ja ve 
5296 CONGRESSIONAL RECORD. JUNE 20, 

a map before me which will explain them to the Senator better than 

I can. They were fully explained in the report of the committee, a.ncl in the discussion the other day. The Committee on Appropriations report this amendment under the in truction of the Senate. 

Mr. BOREMAN. I ask the Senator from Minne otn. if these are not 

the routes described in the resoluuion we passed the other day Y 

l\fr. WINDOM. They are the same. 1\Ir. BORE!.IAN. We instructed the committee to do this thing T 

Mr. WINDOM. Yes, sir. 

Mr. DAVIS. I want to say a word on this amendment. As I understand, this is the amou_nt recommended in the resolution which was di cussed for several days in the Senate and pas ed by a vote on the 

yeas and nays of 43 in favor of it :tnd but 6 against it. 

Mr. ROBERTSON. This is not the amount. 

Mr. DAVIS. It is exa.ctly the same amount :ts W.:tS then stated by 

the chairman of the Committee on Transportation Routes to ue necessa-ry. 

Mr. HAMILTON, of Maryland. The resolution did not state the 

a-mount, as I understand; but I believe this amount was stated in the 

debate on that resolution. 

Mr. DAVIS. It was stated several times. 

l\Ir. ROBERTSON. I have no objection to the surveys being m:tde, 

but I do object to the la.rge amount appropria.ted in this amendment. 

I move to strike out " 200,000" and insert "$50,000." 

The amendment to the amendment was rejected. 

The PRESIDENT pro tempore. The question recurs on the amendment offered by the Senator from Minnesota. 

Mr. ROBER'rSON. I call for the yeas and nays on tha.t question. 

The yeas and nays were ordered. 

Mr. ALCORN. I will ask whether t.he amendment contains a provi ion that only so much sh:tll be used a.s may be necessary for the 

purpose I suppose it does. 

Mr. WINDOM. I believe it does not contain that. I have no objection to making it so, however. 

l\fr. SHER!.IAN. Th:tt follows in all appropri:ttions. 

Mr. ALCORN. If that amendment should be made I think it 

would be better. 

Mr. WINDOM. I will modify it in that way with the consent of 

the Sena.te. 

Mr. SHERMAN. That would be an unusual form. That .follows 

necessarily. When. an amount is appropriated, that is the maximum. Mr. WINDOM. I have uo objection to that modification. 

Mr. ALCORN. I do not insist upon it. 

Mr. H.A.MILTON, of Maryland. I do not think that makes any 

(lifference. They will expend the whole of it. 

The question being taken by yeas and nays, resulted-yeas 39, nays 

12; as follows : 

YEA.S-Messrs. Alcorn, Allison, Bogy, Boreman, Boutwell, Buckingham, Carpenter, Clayton, Conover, Davis, Edmunus, Fenton, F erry of Michi~an, Flnnagan, l!'relinghuysen, Goldthwaite, Gordon, Hn.g-er, Hru:nlin, itarvey, Jonnston, Kelly, Mitchell, Morrill of Vermont, Norwood, Oglosby, Patterson, P ease, Pratt, Ramsey, Sargent, Schurz, Scott, Sherma.n, Spencer, Stevenson, Stowart, West, nnd Windom-39. 

NAYS-Messrs. Bayard, Cooper, Dennis, Hamilton of Maryland, Hamilton of 

Texa , McCreery, Merrimon, Robertson, Saulsbury, Sprague. Wadleigh, and Washlmrn-12. 

ABSENT-Messrs. Anthony, Brownlow, Cameron, Chandler, Conkling, Cra!tin, 

Dorsey, Ferry of Connecticut, Gilbert, Hitohcock, Howe, lnga.lls, .Tones, Lewis,'t.O-. gan, Morrill of Maine, Morton, Ransom, Stockton, Thurman, Tipton, nnd Wrigh~22. 

So the amendment wM agreed to. Mr. ALCORN. I am instructed by the Select Committee on the 

Levees of the Mississippi River to offer the amendment I serid to tho 

desk, which has been referred to the Committee on Commerce. 

The Secretary read the amendment, as follows : 

For tlte protection of the delta of the Mississippi from· inundation by flood, to be 

expencled under the direction of the Sccretarl of War, in rebuildirig, r epairing, and constructing levees on or near the bank o' the Mississippi River, $2,000,000; oue-half of which sum shall be ap~oyria.ted withiu the State. of Louisiana., the 

~!!d~;'l~~tlt:PJ~'l.~~~~~~~~lf within the State of ~sissippi, the reMr. ALCORN. llr. President, the clemand for the time of the Senate will not allow me, if there was no rule requiring me to confine 

my remarks to five minutes, to present as fully a.s the case requires 

the importance of this subject. The levees of the Mississippi River were destroyed by the armies during the period of the revolution. Up to 

that time the country had gone forward in the construction of levees on the Missi sippi River, and had spent about $20,000,000 or perhaps more. When the war closed full $10,000,000 of that work bad been 

do ·troyed. Since that time the people of the States on the river have 

gone forward in the vain effort to attempt to rebuild the levees with- out any aid from the GovernmeJ.tt of the United States. Their at- t empt bas been in vain. The recent :floods have shown clearly to 

th m and to the whole country that they are not able to accomplish 

tho work; that it is a work impossible of accomplishment upon their 

part. 

If the Cougre of the United States can appropriate 200,000 for 

the purpose of protecting or improving the Falls of Saint Anthony, it occurs t o me that it can give 2,000,000 for the purpose of recovering seven hundred miles of waste land upon tho .Missi ippi River that 

h two hcen recently inundated upon both ~:~i(los of that stream by the 

fioou · upon the !.lis i sippi. 

This is a question that attache to the whole country. It is one in 

which every man in this nation is interested. Every man who wea.rs a cotton slrirt in the United States is interested in this question. 

Besides the cotton that is produced behind these ievees, it is ncces- aryto the intere t of the Government of t.he United States in its commerce. The Secretary of the Treasury in 1869 reported to Con· 

gress, when speaking upon the subject of cotton: 

The great staples of the South have for many years constituted a.L1.rge portion of our exports. But for the cotton held in that section at the close of tl1e rebellion 

~~~:~~~1~1 ~~~v~fgnw;~l~::e~::n ~~:~t ~~s!~::oVd~~T~ si~ ~ ~~t~ deplorable condition of those States, last year more than two-thirds of our exports consisted of their productions; and it is the crop of the present year, sma.ll though it ma.y be, that i to save us from ruinous indebtedness to Europe. 

By reason of the destruction of the levees the falling off of the 

cotton crop will be this year, I apprehend, fully two hundred thou and 

bales. We have made an appropriation in the sundry civil bill of 

r,oo,ooo to feed the people who have been rendered homeless, who e homes have been overflown by the recent floods of the Mississippi 

River. Should this amendment that I have offered to the river and 

h:1rbor bill be a.dopted, I trust that that amendment which wa.s introduced into the sundry civil appropriation bill will be stricken out, 

and that the two millions appropriated by this amendment will be 

applied in such a way as to supply the people who are now starving, as it is reported here, with work, so as to employ them in the protection of their own homes, and thus furnish sufficient for their mainte· nance during the year. Five hundred thousand dollars have been appropriated to feed them 

during this season. What is the condition m which the coming flood 

will find these people f Unable to reconstruct their levees, the :floods 

of 1875 will have them at their mercy. They can raise no crop this 

ye:tr ; they can certainly raise none the coming year unless the levees are reconstructed. They present to you here the fact that they are unable to accomplish this task themselves. A memorial which was presented by me from the levee board in Mississippi presents the fact 

to the country that they are now-- The PRESIDENT p1·o tempo·re. The Senator has spoken five min· 

utes. 

Mr. ALCORN. I ask to close this sentence and I will say no more. They present the fn.-ct tb:tt the property .there pays an annua.l tax of 

10 per cent. on its assessed value, and they state that it is valued at 

one-third more than its worth. The people have done this to provide 

levees and protect the land. We ask the Government now to como and assist us in this greq,t work. 

l\fr. CHANDLER. Mr. President, the Government bas from time .to time granted. 21,000,000 acres of land, which are said to be the 

very best lands of the delta, for this purpose. The law relative to 

the condition as to reclamation on which the grant is made reads as follows: 

Provided, how~ver, That the proceeds of said lands, whether from salo or by direct 

appropriation of :my kind, shall be applied exclusively, as far a.'3 necessary, to tlto 

purpose of reclaiming said lands by means of the levees and drnins aforesaiu. 

To the State of Arkansas the grant was 6,805,000 acres; to Missis· 

sippi, 2,681,000; to Louisiana, 8,421,000; to Alabama, 392,000; to Missouri, 3,177,000 acres. These lands, I am told, when the levees are in 

perfectorder,will beworth 100 :tn a-cre, which would be $21,000,000. 

Now, I should like to know what disposition bas been made of tlle e lands, and whether it is proposed, after the Government bas built tbe 

levees, to return the lands to the United States; for it would be an immense speculation if we could get back the lanus which wo have actually given to build these levees. I SUJ?pose the intention is to 

return these lands to the United States. Is 1t soY 

Mr. ALCORN. I will reply, with thepermissionof the Senate, that a bill which I had the honor to introduce in the Senate some time 

since proposed that the lands which belon~ed to the States of Arkansas, Mississippi, and Louisiana, and whicn were received from the 

Government of the United States, should bereturnecL Some of thoso 

lands have been passed into the hands of inilividuals, a.nd as a. matter 

of course they c:1nnot be returned if helcl by individuals now. But I 

will state to the Senate a fact. The memorial to which I referred a moment ago sets forth that in the levee district in Mississippi there are thirteen hundred thousand acres of land. The fact is stated and cor- rectly, I undertake to say, that only four htmdred thou and acre of 

that land to-day pays taxes, that the balance has reverted to the State, and that no taxes have been paid upon it since the war. I ventuTe t o say to-day that of the lands which were donate<J_ by the Government 

of the United States to the State of :Mississippi-and I speak of what 

I know; I am not so well acquainted with Arkansas and Louisiananot 10 per cent. to-clay is held and claimed uy inilivicluals. Tho bulk 

of it has reverted to the State. 

Mr. Pre ident, may I be permitted here to present tho fact as to tho 

district of country on tho Mis issippi-and I speak now of the Sta.to 

of Mis is ippi alone; others are better able to speak of Arkansas and 

Loui iana-tbat in 1840, before the levees were built, before the grant was made, the country along the Mississippi, the delta on the JI,Iissi - sippi side, prouuced 30,000 bales of cotton ; in 1850, ten years after, am.l 

before the grant, there were 42,000 bales of cotton raised, ·an increase 

of only 3,000 bales in ten years. The grant wa made in 1850. In 

1!:360 the cotton prouuced in that district amounted to 156,000 bales. 

Now, with tho levee swept away, wiU1 t he levees tlestroyoll, the comttry return ' to its original conuition; it becomes a swamp again. 
1874. CONGRESSIONAL RECORD. 5297 

1\fore than that, instead of producing, as that country did produce in 

1861 after this report had been made, 210,000 bales of cotton, I venture 

to predict that this year it will not produce 50,000 halos of cotton. 

If this appropriation be made, the recovery of those plant ations 

which produced two hundred thousand bales will be a fixed fact, and 

instead of fifty thousand bales as that country will produce this year- I speak of the Mississippi side alone-it will be able next year to pro- uuce at least two hundred thousand bales of cotton. Here is a differ- ence, then, in the cash account to the Government of the United States 

in her exports that exceeds far in value the appropriation that is asked 

here to-day. I present this question not merely in behalf of the people 

there; I would put it upon no such ground as that; I would ask it a a measure of national importance, holding as I do that the cotton of 

this country id necessary to preserve the .credit account of the Govern- ment of the United States. 

The PRESIDENT pro tempore. The Senator's time has expired. 

Mr. EDMUNDS. }.!r. President, it appears to me from a somewhat 

careful consideration of this subject, that the United States has no constitutional power to enter into any scheme for improving the lands or preserving the territory of a Staie from overflow or any other 

calamity. We may give money for charity, as we often have done, 

although that used to be questioned, but I do not open that question now. But when the United States undertakes to provide for protecting the lands within the sovereignty and jurisdiction of a given 

State from being overflowed, or from malaria, or from any other 

thing which relates to the a-dvantageous cultivation of those lands, or to the health of the inhabitants, or to whatever it may relate, it 

is plain to me that we transcend the limits of our constitutional 

power and invade the 'Province of the State. I feel quite sure that if 

t.his were a proposition for the advantage of the public alone and 

which a particular State had objection to and chose to take care of 

itself, everybody almost would agree that we could not undertake to 

provide for clearing up the swamps of the various States without their consent. The Constitution, supposing these States would 

consent, does not confer on us the power to tax the people, in my 

opinion, for the purpose of improving the swamps or drying them up, or doing any other thing which relates to the advantage of the territory of the State in which these lands lie. I think we have no such 

power; I think it would be dangerous to undertake to exercise it; 

and upon that point of view alone, without going into any other con- sideration now, I shall feel obliged to vote against this amendment. 

:Mr. WEST. l!Ir. President, I feel reluctant to detain the Senate at 

this hour of the night; and I also feel quite confident that tl:Ns subject cannot be discussed appropriately in the brief -time that is left 

under the rules of the Senate;- but I shall ask the Senate to recur to the circumstance that in the special session of the Senate com- mencing with the Forty-third Congress a resolution was pa sed 

instructing the Committee on Levees to sit during the recess and to 

investigate this subject, and to devise a plan to be submitted at the 

present session, embracing perhaps the constitutional powers of the 

Government as well as the scientific principles that it might be neces- sary to apply to redeem those lands. Unfortunately the Southwest was scourged during the past season with a terrible epidemic, and 

most of the members of the committee did not think it prudent to 

assemble to carry out the wo1·k that was assigned to them. Some of us were there, but not in sufficient nuru ber to act al'l a committee, 

and our labors did not amount to anything. In the mean time this 

terrific .calamity, this overflow beyond and without a precedent in 

the history of this country, has devastated an immense area in that 

region, and the impoverished people of that section have appealed to 

Congress for relief. Their appeal has been ·met in a roo t generous spirit. Congress has to-ni~ht completed an appropriation of $500,000, 

making 690,000 in all gi.Ven to save those peoplo from ab olute 

famine. 

Now, sir, we have truly no specific plan to submit to Congress. 

We are asked, have we a system that will justify the Government in 

embarking upon this work! We say no, because in our effort to obtain that system or to study it and present it intelligibly to Congress, we were frustrated by the incident I have mentioned; but having 

been overtaken by this calamity, with all the barriers again t flood 

broken down, we appeal to Congress now to come to our relief, giv- ing them the assurance that unless they do, the same distress will occur in that region the coming season and probably we shall be com- pelled unfortunately, and very regretfully you can be assured, once more to appeal to you for relief. 

The distribution of this money will not only do what the Senator 

from Mississippi has pointed out, but it will give labor, it will give 

bread, it will give occupation to numbers of people there that are desiring to be employed. It will repair the crevasses that have been caused by this flood; it will save the land from overflow again, which 

will most inevitably occur in the coming season of high water next 

spring; and although it may not be within the province of Congress, as the Senator from Vermont says, to protect any mau's lands from 

overflow and destruction, yet I am convinced that were this appropriation made the States that are named in the amendment would 

gladly return any amount of land that now lies utterly useless as a consequence of this overflow. . 1\fr. EDMUNDS. That would not relieve the constitutional question. . Mr. WEST. It might, because it would be a compensation back 

332 

again for its outlay. The Government might spend the money and 

be reimbursed for it, and I do not think the constitutional objection 

will come in there. However, I will leave that to my friend; he un- derstands it bet ter than I do. 

The Senator from Michigan asks what we have done ~th the land 

that has been appropriated to us. l!Ir. President, long before that 

land was assigned to those States for the l>urpose named, all the available land on the banks of the river had been taken up, and levees were constructed there by private enterprise and by local authorities to protect those lands ; but in the mean time these various crevasses came, and the back water and the high water overflowed our swamp 

lands, and our swamp lands to-day in the State of Louisiana sell for only twenty-five cents an acre. It is impossible for us to realize anything out of that fund to create such a system of protection as will 

enable us to realize the actual value of these lands. We are obligetl 

to sell them just as they are. Now, could the United States come in and make this appropriation, undoubtedly the value of those lauds 

would be enhanced very much, and I know that the State of Louisi- ana would gladly turn over again all the benefit that she has derivetl 

from them and all the lands that she has remaining. 

The PRESIDENT pro tempore. The Senator's time has expired. 

The question is on the amendment of the Senator fromMissis ippi. 

The amendment was rejected. 

1\fr. DAVIS. On page 8, line 176, I move to strike out ''25" and 

insert "50 ;" so as to read : · 

For continuing the improvement of the Great Kanawha River, West Virginia, 

$50,000. - . 

I will say that the estimate of the De:partment was 150,000. 

Twenty-five thousand dollars is all the bill giVes. 

1\fr. CHANDLER. The revised estimates are $25,000. I will make 

the point of order that no such amendment was submitted to the Committee on Commerce. We have given precisely the amount of the 

revised e timates, 25,000. I make the point of order. 

The PRESIDENT pro tempore. Is the amendment in pursuance of 

the estimate of the department T . Mr. DAVIS. Certainly it is. 

Mr. CHANDLER. The last revised esti:mates are filled in the bill. 

1\fr. DAVIS. It is in p~suance of an estimate and recommended. 

The PRESIDENT p1·o tempo1'e. If it is in pursuance of an estimate 

of one of the heads of the Departments, it is within the mle. 

Mr. FERRY, of Michigan. I call the n.ttention of the Chair to the 

latter paragraph of the rule. I do it not so much in this instance as to cover other cases. If this is ruled in I shall be governed 

accordinglr. My understanding has been that the clause ''new items 

of appropriation" applies to an increase of approprL'lltion, and I think 

that has been the pra-ctice of the Senate. The rule reads: 

All amendments ·to neral appropriation bills reported from committees of the 

Senate, proposing new Items of appropriation, shall, one day before they are offered, 

be r eferred to the Committee on Appropriations. 

If my memory serves me aright, the practice of the Senate has been 

that any increase of appropriation that has been reported by any 

committee is considered under this technical language as a new item 

of a.ppropriation. If that be the cnse, this amendment is without 

the rule. 

l!fr. DAVIS. We have already increased two or three items. 

Ur. FERRY, of Michigan. I will state that I had it in contemplation to move to raise an appropriation, but on reading the rule and 

recollecting the fact that it had been ruled several times as I have 

stated, I desisted from offering the amendment. I think the case of 

my friend from We t Virginia comes within that scope. 

Mr. DAVIS. I wish my friend had raised the point on his own amendment and not on mine. 

:iVIr. EDl\fUNDS. This is a matter of considerable importance as 3. 

question of practice. I feel pretty safe in saying that on this bill any 

Senator who is fortified by an estimate from a head of a Department, 

which stands for this purpose exactly like providing to carry out the 

provisions of an existing law in another branch of the rule, is in order. These committees are entitled to report amendments which are not in 

pursuance of the estimates of heads of Departments, and tho e being 

reported from committees and thus having a responsible origin must 

be referred to the Committee on Appropriations to be considered. 

When you come to an offer which is to ·carry out an e timate of a head 

of Department, it stands on an appropriation bill exactly like the 

other head of carrying out a law; and any Senator has a right to move it and take the judgment of the Senate upon it, because there 

is no surprise to anybody. These rules are intended to prevent sur- prise. 

Mr. FERRY, of Michigan. I would add that while the former branch of the rule specifies the manner in whic}J. the amendment shall 

be recommended, yet the latter clause is a general expression, and covers all that comes under the former, for the language is geneualAll amendments to general a.ppropriation bills reported from committees of the 

Senate proposing new items of appropriation. 

The question turns upon the words "new items." I think I am cor- rect in stating that there are several cases where it has been ruled in 1 

the Senate that any increase of appropriations comes within thisi 

clause as a "new item." 

Mr. EDMUNDS. No doubt; but "reportedfrom committeesof. the ; 

Senate" is the description there. 
. 

5298 CONGRESSIONAL RECORD. JuNE 20, 

The PRESIDENT pro temp01·e. The Chair is of opinion that under 

the practice of the Senate this comes within the phrase "a new item;" 

that is, an amendment so far as it proposes an increa.se of a.ppropriation would fall within that clause as a new item. llut the former 

part of the rule is : 

No amendment proposing additional appropriations shall be received to any gen- eral appropriation bill unless it be ma.ue t{) cm-ry out the provisions of some existingla.wThat is one caseor some act or resolution previously passed by the Senate during that sessionThat is another caseor moved by direction of a standing or select committee of the SenateThat is another caseor in pursuance of an estimate from a head of some of the Departments. 

That is another substantive head of jurisdiction. 

Mr. FERRY, of Michigan. Now, following that-pardon me for 

calling the Chair's attentwn to it-is what t Remember the general 

term applying throughout the rule, "all amendment to general appropriation bills." And then after what the Chair has read is this 

as an additional requisite-_,... 

All amendments to general appropriation bills reporteu from the committees of 

the Sonate- . 

And this if! from a standing committeeproposing new items of appropriation. 

This is a new item of appropriation reported by a committee; but 

in the latter clause has been added recently "and in like ma"Q.ner 

notice of amendments to bills making appropriations for rivers and 

harbors," so as to include the very bill that has been reported by the 

Committee on Commerce within the purview of this latter paragraph 

to which the general clause" all amendments" applies there shall be one day's notice given. · The PRESIDENT pro tempore. The Chair understands that the 

Senator moving the amendment rests it on the ground that it is to 

fill an estimate from the head of a Department. If that be so, it cer- tainly could not hurt it that it had also been recommended by a com- mittee. It would stand on either head. 'The Chair understands tho 

amendment has been referred to the Committee on Commerce. 

Mr. FRELINGHuYSEN. In that connection, on this point of order, 

I would say that I offered an amendment some time ago, when the 

Senator from Vermont [Mr. EmroNDs] was in the chair, and he ruled 

it out of order very properly, I not stating that there had been an estimate from the head of the Department, which is the fact, as there 

is no doubt in reference to it. Therefore I should like to renew that 

amendment. 

The PRESIDENT p1·o tempo-re. The question is now on the amendment of the Senator from West Virginia. 

:Mr. FERRY, of Michigan. May we understand then, from this 

ruling, tha.t if an amendment comes with the recommendation of the 

heacl of a Department or is recommended by a standing committee, 

there is no nece ity of giving one day's notice of the amendment T 

The PRESIDENT pro tmnpore. That is another question. All 

amendments to appropriation bills, no matter which cla s they fall 

into, whether they are made to carry out the provisions of an existing 

law, or some resolution of the Senate passed at the present session, 

or moved by direction of a sta ding committee, must be referred to 

the Committee on Appropriations one day before they are offered in 

the Senate. 

1\Ir. FERRY, of Michigan. I understand that has not been done in 

this ca~e. No such notice has been given. 

:Mr. EDMUNDS. The rule does not require that. 

The PRESIDENT pro tempore. The Chair is :p1istaken; the Senator from Vermont is right; this clause does not read as the Chair 

supposed, "All amendments to general appropriation bills reported 

from committees of the Senate proposing new items of appropriations 

shall one day," &c. If the amendment be offered to fill an estimate 

made by the head of a Department, the Chair does not see that it is 

necessary to refer it to the committee. 

Mr. EDMUNDS. Not at all. The rule was intended, as respects 

the reports of committees, where a committee reports a new amendment which is not to carry out the provisions of existing law, or an estimate, or a re olution of the Senate, such an amendment although 

it does come from a committee shall then go to the committee having 

charge of the bill. 

The PRESIDENT p1·o tempore. The report of the committee stands 

in the same relation to the Senate under this rule as the estimate of a Department does. 

Mr. EPMUNDS. Precisely the same. The PRESIDE.NT pro tentp01·e. So the Chair thinks. 

Mr. SCOTT. There is another question; I do not wish to make itas bearin~ on this a.ppropriation but on the general question, and 

that is this: It is stated here that there were original estimates which 

named larger amounts than the revised estimates. -The original estimates have b en revised; and when as in this case the orirrinal estimate of $150,000 is cut down to 25,000, can it be said that ~n appropriation made here e:s:ceeding the revised estimate is in pursuance of 

tho estimate f 

Mr. EDMUNDS. Certainly not; nobody would contend for that. 

:Mr. SCOTT. I understand this case is one of that. character. 

Mr. EDl\fUl{DS. That we do not know yet. We have to see what 

the estimate is yet. 

Mr. DAVIS. The estimate originally was 150,000, and the revised 

estimate is 25,000. ' 

The PRESIDENT p1·o tempore. That is the amount in the bill. 

Mr. EDMUNDS. ·what is the motion 'I 

The PRESIDENT p1·o tempore. The motion is to increase it 50,000. 

1tfr. EDMUNDS. That is above the revised estimate. Then it is 

not in order, because it is not pursuant to the last estimate. 

Mr. CHANDLER. The head of the Department has recommended 

the revised estimates and no more; and any attempt to raise above 

the revised estimates is not recommended by the Department. 

The PRESIDENT pro telnpore. The Chair understands the Senator 

from West Virginia to concede the fact to be a-s stated by the Senator 

from Michigan. ~fr. DAVIS. Certainly. 

Mr. SARGENT. I ask the Senator from Michigan if the committee 

in making up the bill followed the revised estimates . Mr. CHANDLER. Pretty generally, but not always. 

Mr. SARGENT. That is, in the case of Michigan, where a place was left out entirely you put that in, as for instance, " Ontonagon 

25,000." That is left out of the revised estimates. ' 

Mr. CHANDLER. There is a special report, which I have here, 

urgently requesting it. If the Senator de ires, I will have it read. 

1\h·. SARGENT. No; I do not desire to have it read. I only say it 

is not in the revised estimate . 

The PRESIDENT p1·o tempore. The Chair is of opinion that an amendment moved in pursuance of _an estimate from the head of a Department must mean the estimate which stands in the Senate at 

the time the amendment is offered; and if the Department once making a larger estimate has revised it and made a smaller one, so that 

to-day the Department stands before the Senate recommending only 

25,000, a motion to increase it is not in order. 

Mr. CHANDLER. That is the way it stands. 

~· DAVIS. A.cceptin~ that as .being the ruling of the Chair, that 

oWlllg to the reVIsed estnnate bemg but 25,000 my amendment is 

ruled out of order--

Mr. WEST. Will the Senator from West Virginia yield. to me for a moment to ask the Chair in regard to the construction he has put 

upon. a recommendati?n by the head of a D"epartmentf It may be 

very 1mportant to us m the future. As I understood the Chair to 

say that the estimate which should be considered here as coming 

from the h~ad of a Department must be t-he amount which is sent in 

under the estimates, does that render it incompetent for the head of a Department sub equently at any time during the progress of busi- ness to make an estimate and make a recommendation Y 

The PRESIDENT p·o tempore. The Chair did not state precisely 

what the Senator from Louisiana supposes. The Chair stated that 

at the time any amendment is otlered under that branch of the rules 

its being in or out of order must depend upon what is the then e:s:isting and pendin~ estimate of the Department, no matter what they 

might have estimated on a former occasion. If this morning they 

sent an estimate here of only $25,000 for this pnrpo e and this even- ing an amendment waa offered to increase it to $50,000 the amenu- ment would not be in pursuance of thee timate. 

Mr. DAVIS. I think the Chair is right in his ruling, and I submit 

of course; but there is one other matter which I wish to brinO' beforo 

the Senate. On page 17 there is a provision to survey the° Che apeake and Ohio Canal from its now terminus at Cumberland to the 

Ohio River. It having been provided for under the g neral resolution for surveys coming from the Committee on Transportation it is 

not necessary to have both clauses in, and the retention of the words 

here might lead to confusion. Therefore I move to strike out the 

c.lause in section 2, as it is imperfect. ., 

The PRESIDENT pro tempore. The worlls proposed to be stricken 

out will be'read. .. 

'The CHIEF CLERK. The words proposed to be stricken out of the 

second section are: . 

And not to exceed S5,000 of the above ap:propriation may be expended in continuing the exploration of routes for the exteDSion of the Chesopeake and Ohio Canal to the Ohio River, by the north and south branches of the Potomac River. 

1\fr. CHANDLER. I think that clau e had better be stricken out. 

The amendment waa agreed to. · Mr. ROBERTSON. I move the following amendment, on page 14, 

after line 318, to insert : · 

For the improvement of the hn.rbor at Charleston, South Carolina, $18,000. 

1tfr. CHANDLER. That is the amount recommended in the revised 

estimates. I cannot object to that. 

The amendment was agreed to. 

Mr. JOHNSTON. On page 10, line 214, I move to strike out "30" 

and insert "75," so as to make.the appropriation "for continuing the 

improvement of the James River, $75,000." That is in pm-suance of 

the revised estimates. On page 36 of the revised e timates James 

River is set down at $75,000. I have the revised estimates in my hand. 

Mr. CHANDLER. If that is in the revised estimates it is in oruer, 

but I am afraid you are loading the bill pretty heavily. 

The amendment was agreed to. 

:Mr. JOHNSTON. I desire to insert" Norfolk Harbor" for a survey. 

On page 18, after line 90 of section 2, I move to insert; . 

Harbor of Norfolk, Virginia. 
CONGRESSIONAL RECORD. 5299 

1\fr. CHANDLER. I have no objection to that. 

The amendment was agreed to. 

Mr. BOREMAN. I ofter an amendment for a survey. I move on page 16, line 40 of section 2, to insert : 

The Little Kanawha River below Bulltown. 

The amendment was agreed to. . Mr. SARGENT. I offer the following amendment, after line 314 to 

rnsert: 

For the improv:ement of Oakl:md Harbor a{Jcording to the plans reported by the 

Government engmeers, ilOO,OOO. 

Mr. CHANDLER. I raise the point of order on that. It is not rec- ommended by the engineers. 

1\'Ir. SARGENT. It is recommended by the engineers, and I hold 

the report in my hand. I ask the Senator not to raise the point of 

order on this amendment. It is the only thing that is proposed on our coast, ·except 25,000 thrown at us without our request. I ask the 

Senator not to object. He has in this bill $540,000 for his own State, 

and I ask for this small sum where there are, as I said before, two 

and a. half million passengers annually traveling over .this waterfront and we have nothing but an insecure railroad wharf, where 

there is danger every day and every night of some fearful calamity 

happening, where there are sixty or seventy millions of treasure annually transported. I ask him not to raise a point of order that will 

rule this out. 

Mr. CHANDLER. I must make the point of order. No notice was 

served. 

1\Ir. SARGENT. That is a mistake; the notice was served. The 

amendment was referred to the Senator's committee, and it has been 

in his hands for ten days. ·Mr. CHANDLER. Then I was mistaken about that; but I still 

make the point of order. 

Mr. SARGENT. There is no ground for a point of order stated. 

Mr. CHANDLER. It is a new item and not germane to anything 

in the bill. 

Ur. SARGENT. Not germane I This is the river and harbor bill, 

and this amendment is for the improvement of a harbor. 

The PRESIDING Ol!~ICER, (Mr. WEST in the chair.) The Senator from Michigan will state his point of order. 

lli. CHANDLER. It is a new item in the bill. 

The PRESIDING OFFICER. The Chair will inquire of the Senator from California. whether the amendment is moved in pursuance 

of an estimate from the head of some Department Y 

Mr. SARGENT. Yes, sir; the estimate is made by the head of the 

Department. It is in pursuance of a survey ordered in tl;te bill last 

year, which was carried ont by the Government and a report regularly made and sent to Congress for its information. 

The PRESIDING OFFICER. The Chair overrules the point of 

order made by the Senator from :Michigan. 

Mr. CHANDLER. I read here a short time ago that it was not 

recommended, but it was said "if the thing be done." It is not 

recommended by the head of a Department. I will ask the Senator 

to read the report. I had it here a short time ago. . :Mr. SARGENT. It is recommended. in the same way that every 

other item in the bill is recommended; and I say that this ·is the 

simplest justice to this great commercial want to my coast. It does 

not sound well for the Senator, after he fails in his point of order, to 

still insist on excluding his appropriation. The Senator the other 

clay in reporting this bill boasted that the committee had not added 

much to it. Well, they did not add much to it. They only added 

110,000, and divided 80,000 of that amon~ the members of their own commFtce, and 1\fichigan came in for $25,0u0, nearly one-fourth of the 

whole amount; Alabama for $5,000; Maryland for $10,000; Massachusetts for $10,000; Connecticut for $5,000; and Georgia for $25,000; 

making np $80,000 of the $110,000 in States represented by members on this committee. Bnt when I ask simply for $100,000 for a great 

enterprise like this, where there is so.much property and so many lives 

at stake, I am told it must not be allowed, and a criticism is made 

whether the Department is more or less warm in its recommendation 

for it. Here is the report in which the estimate is contained, in which 

the whole plan of improvement is described and the matter recom- mended to Congress. I ask it as a matter of justice. 

Mr. CHANDLER. I ask that the report be read. _ :Mr. SARGENT. The report is four or five pages of t.he book which 

I hold in my hand. I could not rea-d it in my five minutes. If the 

Senator has anything he wants read I have no objection. 

Mr. CHANDLER. It is a. new item, and I raise the point of order. 

l\.fr. SARGENT. The point of order has been overruled. 

Mr. CHANDLER. This has not been recommended by the head of 

the Department. 

1\Ir. SARGENT. The point of order has been decided, and I ask for a vote. 

The PRESIDENT pro tmnpo1·e. The amendment stands on a question of fac+,, and the Chair cannot determine whether it is in pursuance of an estimate or not without seeing the estimate or hearing it re::o.d. 

:Mr. THURl\IAN. If I understand the statement of the Senator 

from California, an estimate was made for this work, but the Senator 

from Michigan says that although an estimate was made the Engineer 

Department or the W a.r Department did not recommend the appropriation. That I understand to be the case from the statement of the 

two Senators ; and that brings us to the consideration of this rule. 

Does this rule require that there should be a recommendation of the 

Department Y I submit that it requires no such thing. It is sufficient 

that an estimate is made, and then Congress may decide whether or not to make that improvement. The object is to have the estimate, so that we may see what will be the probable cost of the work if un- dertaken, or so that we may see what may profitably be expended in 

any one year. If that estimate be made, whether there is a recom- mendation or no recommendation on the subject, I submit that the case comes within the rule, and it is competent to offer the amendment; and therefore, if the st.atemeilt made by the Senator from California be true that this work has. been estimated for, I submit that 

that fills the requisitions of the rule and the amendment is in order. 

The rule says : 

Or in pursuance of an estimate from the head of some of the Departn:i.ents. 

It does not say" in pursuance of a recommendation" at all. It is 

only necessary that there should be an estimate, that Congress may 

see whether or not it will be advisable to enter upon that work. 

The PRESIDENT pro tempore. The construction put by the Senator from Ohio upon the rule is confined to its exact language; but 

the Chair thinks that the word "estimate" in this connection means "recommendation." The object of the rnle must be taken into account 

in construing its meaning. It was intended that the Senate should be 

led in this manner by the recommendation of one of the Departments or by the recommendation of one of its committees. The Departments 

usually state estimates and make recommendations for the estimates 

which they send; and although the word here is" estimate" and not 

"estimate and recommendation," the Chair thinks that the fair mean- ing of the phra-se in this connection is that the amendment must be 

in pursuance of a. recommendation of the head of a Department. 

Mr. SARGENT. On that point I appeal from the decision of the 

Chair. · • 

The PRESIDENT pt·o ternpo're. The question is, Shall the opinion 

of the Chair stand as the judgment of the Senate f 

Mr.'SARGENT. On that question I ask for the yeas and nays. 

Mr. SCOTT. How is the question raised Y · 

Mr. SARGENT. The previous occupant of the chair rnled the 

amendment in order and we were discussing it as in order; and then 

when the honored President retook the chair the question seeiDB to 

have been raised by some means again. 

The PRESIDENT pro tempm·e. I shall be very happy to retire un- til the question is settled; but while I am here I .must rnle as I think 

the law is. 

:Mr. SARGENT. Undoubtedly. But I was claiming stare decisis. 

1\fr. ED~IUNDS. I shall vote for this appropriation, if it is in order, 

and I do not know but that it is because we have not yet hearcl the 

estimate read; it may fall within the ruling of the Chair or it may 

not. But I do feel bound to say for the honor of the rnle that I 

think the judgment of the Chair is perfectly correct. We have always 

acted upon it, I am quite sure, hitherto that the word" estimate'' in 

this rule has meant these estimate that are submitted to us by the 

Departments for appropriations which they a k or recommend to 

carry on the business of the Government. Then in order that the 

Senate should not be confined to these estimates alone it is provided 

that its own committees, whether the Departments choose to recom- mend them or not, its own organs may make the proper inquiry and 

make the proper recommendationS. Therefore while as at present 

advised I sympathize with the amendment of the Senator from California and should like to vote for it, I do feel bound in the interest 

of the preservation of the rule for all cases to say that I do think the 

opinion of the Chair is perfectly correct. 

The PRESIDENT pro tempo-re. That reminds the Cha.ir that there was nothing to appeal from at the moment when the Senator from 

California took his appeal. The precise question here is one of fact 

which the present occupant of the chair has not rnled upon. A parliamentary question. was put to t.he Chair by the Senator from Ohio. 

The Chair responded to that without any reference to the particular 

amendment under consideration ; and from that opinion on a hypo- ~hetical case the Senator from. c.alifornia appealed, which is clearly 

rmproper. If the amendment ISm pursuance of the recommendation 

of thehead of a Department, or an estimate sent here for the purpose 

of being acted upon by the Senate, which is equivalent to a recom- mendation, then it is in order as the Chair understands. If not, it is 

out of order. That is a question of fact which the Chair cannot decide without being informed what the fact is. 

1\-Ir. CHANDLER. As the Senator from California has not read 

this, I will re-read it: 

If" such be the views of Congress, and if it be decided to improve the harbor of 

Oakland, we recommend the appropriationThat is if Congress decided thus and soof the amount nece sary to construct the two trainin.,. walls and dred.,.e out a chapnel between them one hundr.ed feet wide, &c. o ' o 

As I said a few moments ago, this is for the benefit of a railroad 

which started to rea.ch Goat Isia.nd, ran out a trestle-work brida-e and now they want the Government to spend several millions of ~~liars to build a harbor for that railroad. 

Mr. STEW ART. That is an utter mistake. 1\Iy friend from Michigan has been misinformed. It is an arm of the bay extending up 
5300 CONGRESSIONAL RECORD. JUNE 20, 

into Oakland where there are twenty thousand people, and the railroad has nothing to do with it. The Senator is entirely misinformed. 

The people of Oakland and the commerce of the country require it. 

Mr. SARGENT. I call attention to the fact that the very language 

the Senator reads says "if Congress shall be disposed to do so and so, we recommend this appropriation." 

.1\1r. STEW ART. It is sent in regularly, as all the others are. Mr. SARGENT. Theyreforin the letter of January24 to this matter, which I have not before me, but I know they recommend it in 

the same way that they do everyt.hing else for which they send in 

estimates. Other items sent in in exactly the same way are to be 

found in this bill, and the Senato"'r knows it ; and the Senator knows 

that if -it had been sent in in this shape in reference to Michigan it 

would have been reported immediately. · The PRESIDENT P'I'O tempore. The Chair thinks the remark of 

the Senator from California is a reflection on t.he Senator from Michigan. 

Mr. SARGENT. I do not wish to reflect upon the Senator from 

Michigan. I simply wish to say that this bill ex officio represents two • or three States, and only two or three States. Look at the members 

of the committee. The bill as reported from the committee only 

appropriated 4,000,000, and of that 1\fichigan ha.s $540,000, New York 

$531,000, Massachusetts $176,000. Gentlemen from these States are on the committee. Other States have no representation on the committee. 

Mr. DAVIS. :Michigan has $575,000. Mr. SARGENT. Alabama has $100,000, Georgia 50,000, Connecticut $80,000, Maryland $80,000. All the States on the committee are very well ta.ken care of; over a fourth of the whole amount is appropriated to them. I think I am justified in saying that if this were in one of the favored States-! will not say 1\fichigan exactly, Wisconsin it might be; "for Wisconsin is very well considered in this 

bill-then there would not be such a nice scrutiny of -it. I suppose 

it is new to the Presiding Officer, it mlllit be somewhat novel to the 

Chair to find how this bill provides for Wisconsin : 

For continuing the improvement of the Fox and Wisconsin Rivers, $300,000. 

I have heard of the Fox and Wisconsin Rivers in these bills ever since I have been in Congress. The Fox and Wisconsin River improvement has cost this Government millions and millions of money. 

Here is $300,000 in this bill, and in every bill if you look back for 

years past you will find from three to five hundred thousand dollars 

for the Fox and Wisconsin Rivers, and it will be so as long as water runs or grass grows while the control of the committees of this body 

is not changed. Now, let me go on : ' 

For continuing the improvements of the harbor at Green Bay, Wisconsin, 10,000. 

Will anybody sa.y that harbor is as important as the harbor of Oaklaud T 

Aga.in: 

For continuing the improvement of the harbor at' Menomonee, Michigan and 

Wisconsin, ~.ooo. 

For continuing the improvement of t.he harbor of refuge at the entrance of the 

Sturgeon Bay Canal, 10,000. 

Sturgeon Bay Canal musi be a very important place, and I suppose 

that canal is more sacred than it would be if it were a railroad. 

Again, "Ontona,gon," a deserted village, a.nd left out of the revised 

estimates by the Department to show that it desires tG dispense with an appropriation, is put in here at $23,000, in the same blessed State 

of Wisconsin, the Lord-love it I ThenFor continuing theimprovementof theharbora.tTwo Rivers, Wisconsin, 15,000. 

For continuing the improvement of the harbor at Manitowoc, Wisconsin, $10,000 

That is a place that is unknown to the geography; at any rate to my 

geography. Its history is to be found, however, in 1iver and harbor 

bills, or the most important incident of it. 

Ur. HAl\ILIN. I want to say a word--

1\Ir. SPENCER. The chairma.n of the committee of the House is a gentleman from New York. · Mr. SARGENT. Yes; and New York's share in this bill I have 

shown. Wisconsin helps on the committee also. But what I should 

like to know is whether when this survey was ordered by the Government, when it was made~ Government engineers, aud they report as in every other case with an estimate of the cost, I am to be ruled 

out of orderf 

Mr. EDMUNDS. What is the pending question 1 

Mr. B.A. YARD. What has become of the .five-minute rule Y 

Mr. SPRAGUE. I should like to know as to that. 

The PRESIDENT pm temp01·e. The rule is in full force, and the 

Chair now announces that the Senator from Cn.lifornia has spoken 

his five minutes. 

1\Ir. HAMLIN. Will the Chair be kind enough to state to me what 

is the precise question before the Senate t 

The PRESIDENT p1·o tempore. As near as the Chair understands 

it, it is whether this appropriation is recommended by the depart- ment. 

1\lr. HAMLIN. If that be the question, then I want to say just a word or two. It is said that there are qualifying words to the recom- mendation in the estimates: "If Congress shall see fit to make an appropriation, then it is recommended." In my judgment these qualifying words have just no importance at all, and the appropliation 

stands precisely as it would sta.nd if there were no qualifying words 

there. There is no distinction, there can be no distinction drawn between a naked, unqualified recommendation and one with qualifying 

words, because if there be an appropriation in words and terms recom- mended, the qualifying clause is there in our action alike in both cases. It will demand the action of the body in either ca.se alike. 

The engineers recommend an appropriation, and there are no qualifying words, and it will go into the law if Congress sovot,es. They put 

the qualifying words in one case and they leave them for us in the 

other. You can make no distinction between the two cases; the one stands before us just like the other. 

1\fr. FERRY, of Michigan. If the construction given by the Senator 

from Maine be correct, then there are two or three harbors on Ln,ke 

1\lichigan that ha.ve not been so regarded by the Senate. Mr. ED:\IUNDS. Are not all these harbors proviued for f 

Mr. FERRY, of Jllichigan. No. I will state to the Senator from 

Vermont there are several cases to which the attention of the Engi- neer Department has been called, and in their judgment they have 

decided that it ·was not best to attempt to construct harbors at tho e points, and yet in like manner they have st.atedtha.t if it was deemed 

best to construct them the estimate is so much. While stating the 

amount that would be nece sary to construct the harbor, they at the same time give the impression that the whole judgment of the Department is that it is not feasible, it is not for the best interest of the 

country to do so. I have no interest in this matter except than to be guided by the 

rule; we must treat one case as we do another. If this be a recom- mendation from the Department coming within the rule, then that 

qualifying word "if" hasnobearingwhateveruponit. Ifitisplacell 

there with any point whatever, with any effect, it must be so consid- ered. I lea.ve it to the judgment of the Senate whether this language, 

stated with the qualifying "if," can be a recommendation from the 

Department' If that be the case, then I should like to have this bill 

revised, for there are some other ha.rbors that I should like to have some appropriations provided for. 

For continuing the improvement of Sheboygan, Wisconsin, $10,000. 

Lovely. name! ·[Laughter.] 

For continuing the improvement of the harbor at Port Washington, Wisconsin, 

$10,000. 

:Mr. SARGENT. It is strange that any harbors have been left out 

if they are in ~fichigan. I should like to make one suggestion. It seems to me it is rather a refinement of cruelty to extend the rule by 

implication so as to require not only an "estimate" but a recommend- • ation, and then: when the recommendation is furnished to strain that 

and exclude it if it is not an unqualified recommendation. 

These were all recommended by the Department in just the same manner as Oakland Harbor was recommended. The anxiety of the 

Department for these obscure places is marvelous. ·All the nice discriminations raised against me were not seen by gentlemen when 

there was an opportunity to put these items into this bill. L'et u'S 

go on: 

For continuing the improT"ement of the harhor at Racine, Wisconsin, $10,000. 

:For continuing the improvement of the harbor at Kenosha, Wisconsin, ,.10,000. 

States so comfortably fixed may well fear to do justice to others lest 

this bill be overloaded. 

The PRESIDENT p1'o tmnpore. The Senator from California evidently misunderstood the remark of the Chair. He did not intend to 

advocate this bill nor stop the Senator from Californin, in objecting 

to it ; but the remark he made, both in manner and tone, iii the opinion 

of the Chair, was a reflection on the motives of the Senator from 

])fichigan. 

Mr. SARGENT. Very well. I do not think what I said of him 

reflects on him nearly as much as the bill does. [Laughter.] 

Mr. SPENCER. I presume that the Senator is aware that the bill 

originated in the House. 

Mr. SARGENT. I am, and I know who controls the committee in 

the House just as well as who controls the committee in the Senate. 

The PRESIDENT pro ternpore. This question seems to narrow itself down to a mere question of fact. The Chair is of the opinion that 

if the department ha.ve made an estimate in the sense in which thact 

word is used in this rule, then the amendment offered by the Senator 

from California is in order. That is a question of fact which a court 

would submit to a jury; and the Chair is inclined to pursue that course here and submit it to the Senate. Senators who will receive 

this amendment will say " ay," those opposed will say "no." 

The amendment was received, there being on a division- ayes 26, 

noes 13. 

Mr. CHANDLER. I will state that if this $100,000 is appropriated $497,000 should be appropriated. The engineers recommend 

497,000. 

Mr. SARGENT. I have no objection to that being done. 

lli. CHANDLER. Furthermore it mea.ns many millions of dollars; and if the Government puts its foot in it, it must complete the 

work for the benefit of that railroad. That railroad started for 

Goat Island. It got half way there and was stopped. Now they 

want a harbor. If the Government makes up its mind to build this 

harbor for the benefit of that railroad that it ha-s donated a good 

many millions of dollars to, then of course the appropriation will be 

voted; but I hope it will not. 

A good deal has beensaidabounfichigan. Now I am not disposed 

to allude to California; but I will tell the Senator fro~ California 
• 

1874. CONGRESSIONAL RECORD~ 5301 

that California has had hundreds where Michigan has had dollars _out of tJ:!e Treasury; and what is more, she is receiving more than 

two dollars to one to-day for the benefit of the commerce that ~Iichigan is receiving. Think of the subsidies to your steamships, taking 

money out of the Treasury daily. I do not much like this kind of 

slurs at the State of Michigan coming from the State of California. 

:Mr. SARGENT. Now, Jltlr. President, let me say that anything the 

Government does to maintain the commerce of the country upon the 

Asiatic seas is for the benefit of the whole country, and nobody ever thought of putting it in for the benefit of San Francisco. It is just as much for the benefit of the vVestern States in getting ~heaper teas ; 

it is just as much for the benefit of the Ea tern States, which send 

their articles of merchandise for sale in China and J apan, as it is for 

the people of California. It is not to count in that way. 

As to any donation that wa ever made to the Pacific Railroads, you 

yourselves hold them down to pay 5 per cent. on the net proceeds 

of all they receive, and also to pay full intere t on the amount of 

money which you loaned them, and you destroy one-half the value 

of the favor by throwing it continually in their teeth, when they are pa.ying you as per the contract all the amount of interest on the 

money you exacted and ru:e able to pay; and they will pa.y it to the 

very la t cent according to contract. It was neverthele s for the 

benefit of the whole country and the commerce of the whole country. 

I want to say to you, sir, I want to say to the Senate, that California ha-d a right to require that the United States should construct between it and the Eastern State , across those mountains which in all 

the empire of the world have been barrie1·s across which nations 

have fallen in pieces, have become severed, some highway by which 

they could ~et to the capital of the country without requiring them 

to get here oy going through foreign ports and inhospitable climes, as we were formerly bound to do; and it was a great national duty 

to do it even if California had never returned one single cent of the 

amount of the money which was invested for that purpose. 

Furthermore that great highway is the means by which your goods 

reach the Pacific, for which we are customers, for which we send you 

back our gold. It is the means by which the population that comes out from your States find homes with us. It is a national accommo- dation; it is not a provincial thing; it is not merely for the benefit 

of California, it is for the benefit of the whole country· and I do not 

believe the country will ever see the time when it will re~et what it 

has done in that direction for the benefit of all parts of It. But be- cause that was done, and done I hope from proper ;motives, I do not 

think we should be denied as many rights on this floor a any other 

State in the Union. 

Mr. STE'V ART. The Senator from :ll1ichigan talks about this appropriation of $100,000 not bein ~ of ,any use, and that it is intended 

for the special benefit of the railroad . If you will expend 100,000 on that Oakland bar it will enable boats to run up into the arm of 

the sea that is there, accommodate the people, furnish oppo ition fer- ries to the railroad, give them communication independent of the railroad, and it is universally desired by everybody there that this bar 

hould be removed. One hundred thousand clollars would make a fine 

beginning toward removing that bar, and I hope it will be granted. 

The PRESIDENT p1·o tempm·e. The question is on the amendment 

of t.he Senator from from California. 

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

The yeas and nays were ordered. 

Mr. HAGER. I desire to say t.hat I was instructed by the Legislature of the State of California. to vote for this proposition, and shall 

vote according to instruction . The qne tion being taken by yeas and nays, resulted-yeas 28, nays 

18; as follows : 

YEAS-Me srs. Alcorn, .A.lli on, Bogy, Boreman Carpenter, Cla.vton, Cooper, Da,Tis, Edmunds, Flanagan, Hag r, Harvey, Hitchcock. Johnston, .Ton , K elly, :Mitchell, Norwood Patterson, Pease, Ransom, Sargent, Scott, Stewart, Thurman, 

Tipton, West, and Windom-28. . NAYS-Messrs. Bayard, "Chandler, Dennis F enton, Ferry of Michigan, Freling- huy en Gordon, Hamilton of Maryland, Mcdreery, Merrimon, Morrill of Vermont, 

Pratt, aulsbw·y, Spencer, Sprague, Wadleigh, Washburn, and Wright-18. .A.BSENT-Messrs. Anthony, Boutwell, Brownlow, Buckingham, Cameron, Conktina-, Conover, Cragin, Dorsey, F erry of Connecticut, Gilbert, Goldthwaite, Hamil- ton of Texa , Harrliin., Howe, Ingalls Lewis, Logan, Morrill of Maine, Morton, 

Oglesby, Ramsey, Robertson, Schurz, Sherman, Stevenson, and Stockton-27. 

So the amendment was agreed to. 

Mr. THURU.A.N. I have a modest little amendment to offer to this 

bill. It is all I have to ask. I move to insert after line 95, on page 

5, these words : 

For preserving and continuing the work upon the pier at Rocky River, Ohio, 

10,000. 

I do not know that there will be any opjection to this amendment 

by the chairman. If there is I will explain it. 

The amendment was agreed to. 

lli. ED~fUND . I move to amend the bill, which I hope will have 

the approval of the chairman, on the sixth page, line 1~0, by striking out the word "15/' and inserting "25;" so that it will read : 

For continuing the improvement of the harbor at Burlington, Vermont, $25,000. 

The PRESIDENT pro tempore. The amendment will be considered as agreed to if there be no objection. . ~·EDMUNDS. If the Chair will pardon me, I ought to state in - JUStice to the Senate, although I was sure there would be no objection, that the district of Vermont carries on a commerce with Can-

<.. 

ada amounting to about $15,000,000 a year, and it collects and pays 

into the Treasury of customs almost $1,000,000 every year; and this 

is according to the revised estimates for the improvement of the har- ~~ . 

The PRESIDENT pro tempore. The amendme)lt will be agreed to 

if there is no objection. • . Jltlr. FRELINGHUYSEN. I renew the amendment which I offered some time since, and which under the ruling is now in order. There was an estimate made for the improvement. To show the importance 

of this improvement, wllich is to dredge out what is known as Arthur 

Kill, between Staten Island and New J ersey, I cannot do it in fewer 

words than by reading a notice that I see in the New York Times of 

this evenirig : 

The bars that now ob truct navigation have been form eel during the past eight or ten years, and the channel is so narrow that many vessels have grounded while1 enrlea.voring to get through. A number of rocks can be seen at low water. The 

channel is agreathighwa.y for vessels from New York, :Boston, Providl;ID.ce, Philadelphia, Wilinington, Baltimore, and Norfolk, and General Newton con iders the 

removal of the ob tructions as important to the commerce of ""ew York as the 

removal of those at Hell Gate. 

I trust tha4; this amendment will be adopted. 

Jltlr. SHERMA.!.'f. I de ire to give notice that as soon as this billis 

disposed of, and before adjournment to-night, I shall ask the Senate 

to pass the bill repealing the Sanborn contract. I give t.he notice now so that I may not take any one by surprise. Mr. FRELINGHUYSEN. I must object to such notices. I have 

charge of a bill I desire to have action upon. 

The PRESIDENT p1·o tempore. The question is on the amendment 

of the Senator from New Jersey [1\Il·. FRELIXGHUYSES] to insert after 

line 278 the following : 

That the sum of 50,000 is appropriated for the opening and improving of the 

channel between Staten Island and New Jersey. . 

The amendment was agreed to. 

: rns~""E CO:NVICTS. 

The PRESIDENT p1'o ternpore. Before proceeding further with the 

pending bill, the Chair, with the permission of the Senate, will lay 

before the enate ~ertain mes ages from the House of Representatives 

asking for committees of conference. 

Tile Senate proceeded to consider the action of the House of Rep- resentatives on its amendment to the bill (H. R. No. 3415) to provide 

for the care and custody of persons convicted in the courts of the 

United States who have or may become insane while imprisoned. 

On motion of Jltlr. FRELINGHUYSEN, it was 

Resolved, Th'1t the Senn.te insist upon its amendments to the said bill disagreed to by the House of Representatives, and agree to the conferenooa.sked by the Hou e on the disagreeing votes of the two Houses thereon. 

By unanimous consent, it was 

Ordered, That the conferees on the p:1rt of the Senate be appointed by the President pro tempore. 

. PORT OF DELIVERY AT .MO~TGOMERY. 

The Senate proceeded to consider the action of the House of Representatives on its amendment to the bill (H. R. No. 899) to constitute 

Montgomery, in the State of Alabama, a port of delivery. 

Mr. SPENCER. After consultation with the Committee on Com- merce I move that the Senate recede from its amendment. 

The motion was agreed to. 

Eo,"'"ROLL.."\lENT OF A BILL. 

1\Il·. SCOTT. There is a concurrent resolution on the table to cor- rect v.n omission in a bill which has pas ed the Senate. I will ask 

consent to have it acted upon now. 

The PRESIDENT pro ternpoTe laid before the Senate the follo-wing 

concurrent resolution of-the House of Repre entatives j which wa considered by unanimous consent, and agreed to: 

Resolved by the House of Representatives, (the Senate r.oncurring ) That the Clerk 

of t-he House be authorized in enrolling the seventh Senate am ~d.ment to the bill 

(H. R. No. 2797) making appropri..'l.tions for the payment of claims reported allowed 

by the commission~rs of claims under the aut of Coll{Uess of March 3 1871 to insert the worlls " even thousand five hundred and forty-five dollar "beina 'the sum awarded to the party named in said amendment, said sum having been onrlttod 

fi-om the Senate amendment as engrossed and sent to the House of Repre entativea. 

EXTRA COMPEXSATIO~ TO PAGES. 

Mr. CLAYTO:N. I have a little resolution for the benefit of the 

pages, which I should like to a-sk the Senate to consider. 

'l'he PRESIDENT pro ternpm·e. It will be reported if there be no objection. 

The resolution was rea-d, as follows : 

Resolved, That the usual per diem compensation be paid tO the pages of the Sen- ate to the 15th of July, 1874. 

· Mr. EDMUNDS. That is not right. It shonld be the 1st of July. Mr. CLAYTON. Well, put it the 1st of July. 

The PRESIDENT pro tempore. The resolution will be amended to 

read th.e 1st of July, and considered as agreed to, if there be no objection. 

WITHDRAWAL OF PAPERS • 

On motion of Mr. BOREM.A.N, it was 

Ordered, That Charles H. Day have leave to withdraw from the files of the Sen. ate hi petition and papers. 
• 

CONGRESSIONAL RECORD. ,TUNE 20, 

RIVER AND HARBOR BILL. 

The Senate as in Committee of the Whole, resumed the consideration of the bill (H. R. No. ~168) makin$ approJ?riations for t~e repair, 

preserva.tion, and completion of certam public works on nvers and 

harbors, and for other purposes. Mr. MITCHELL. I offer the following mendment: After line 5 

of sectiou 2 on paCI'e 14, to insert "for the purpose of ascertaining 

the practic~bility ~d co t of constructing canals and locks. at suc.h 

points." I will state that it asks no mol!-ey whatever. It sunply l.S 

intended to desi~nate in regard to a particular survey. · Mr. EDMUND/:5. How will that read in connection f 

1\Ir. MITCHELL. Read the section as amended. 

The Chief Clerk read as follows: 

. SEc. 2. That the Secretary of War is h.creby !1-irected to cause examinations or surveys or both to be made a.t the followmg pomts, namely: Cascades and 'Dalles of the Columbia River, Oregon, and Washington Territory, for the pUJ1>o e of ascertaining the practicability and cost of constructing canalS 

and locks at snch points. 

Mr. MITCHELL. This simply designates what the survey is for. 

The amendment was agreed to. 

Mr. MITCHELL . . I have another amendment. On page 14, after 

line 6 of section 2, I move to insert: 

Yam Hill River, Oregon, for removing rocks and sa.nd.bars. 

1\fr. SPRAGUE. I inquire if that has been estimated for f 

1\Ir.l\fiTCHELL. It is simply providing forasurvey. It does not 

appropriate anything. 

The amendment was agreed to. . Mr. FERRY, of Michigan. I have an amendment to offer. On page 

14, line 318, I move ~o incr~ase the aJ?propriation for con~uing t.he 

improvement of Sagmaw River from $15,000 to $50,000. I did not illtend to offer this amendment, because I supposed the ruling of the 

Chair was to be against it ; but under the revised ruling I am induced to offer it. I will state in connection with it that the committee have cut down the appropriation for Saginaw River to 15,000 

when the report of the Engineer Department is $56,000. I ask that it 

be made 50,000; and I will state this fact, without taking up time, 

the commerce on the river is $22,000,000 annuall.y. That was the 

amount last year 

Mr. DAVIS. Where is that T 

Mr. FERRY, of Michigan. In Michigan. 

The PRESIDENT pro ternpore put the question on the amendment, 

and declared that the noes appeare{l to prevail. 

Mr. FERRY, of Michigan. I ask for a division. This is the only 

amendment I have asked in the bill, and I want to see if there is to 

be fish of one and fowl of another. 

The question being put, on a division the ayes were 19 and the 

noes 19. 

1\Ir. SPRAGUE. I ask for the yeas and nays on the amendment. 

The yea~ and nays were ordered; and being taken, resulted-yeas 

20, nays 20; as follows : 

YE.AS--Messrs. Boreman, Carpenter, Chandler, Clayton, Davis, F erry of Michl· 

gan, Flanagan, Fr lin~huysen, Harvey, Ingalls, :Mitchell, Morrill of "Vermont, Pat. ter on, Pease, Pratt, Ramsey, Spencer, Tipton, West~ and Windom-20. 

N.A.YS-Mes rs. Ba.yard, Bogy, Cooper, Edmnnds, GQldthwaite, Gordon, Hamilton 

of Maryland, Kelly, McCreery, Merrimon, Robertson, Sargent, Sanlsbnry, Scott, 

Sherman, Sprague, Stewart, Thnrma.n, Wadleigh, and Wasli.bnrn- 20. 

ABSENT -Messrs. Alcorn, .Allison, .Anthony, Boutwell, Brownlow, Buckingham, 

Cameron, Conkling, Conov~r, Cragin, Dennis, Do!'8ey, !en ton, Ferry of .Connecticut, Gilbert, Hager, Hamilton of Texas, Hamlin, Hitchcock, Howe, Johnston, 

.Tones, Lewis, Logan, Morrill of Maine, Morton, Norwood, Oglesby, Ransom, Schnrlll, 

Stevenson, Stockton, and Wrigh~. 

So the amendment wa~ rejected. - lli. PRATT. I propose to amend the pending bill on page 7, line 

159, by striking out "$'25,000" and inserting " 50,000 ;" so that the 

clause will read as follows: 

For continuing the improvement of the Wabash River, $50,000. 

The original estimate of the depa,rtment ·for the improvement of 

that stream, which is the largest tributary of the Ohio River corning 

from the north, was 300,000, if I remember ari~ht. It was not far 

from that figure. Last year $50,000 wa appropna.ted. I strove very 

hard to increase it at that time to 100,000. This year the original 

estin:iate of the department was 150,000 for continuing this improvement. The revised estimate is $50,000. The committee have 

cut it down to 25,000. The amendment that I propose is that the 

revised estimate shall be substituted for the recommendation of the 

committee., I will only ada that when this improvement, costing less than the 

third of a million of dolla.rs, is completed, a river three hundred and 

fifty miles in length from La Fayette to the Ohio River is made navigable for one-hali the year. I hope the Senate will concur with me 

in this amendment and vote for it. 

1\Ir. CHANDLER. I hope the amendment will not be adopted. 

The question being put on the amendment, it was declared that 

the noes appeared to prevail. 

Mr. PRATT. I will ask for the yeas· and nays. ["0, no!"] · This 

is the only thing that I have asked. It is the only appropriation 

made for the rivers of Indiana, and it is a small boon tha.t I ask when 

it is considered that last yearthere'wa $50,000 given, and the revised 

estimates this yeat· are for $50,000. ~ a'b.e original estimate this year was for $150,000.~. . . · · 

Mr. MITCHELL. What have the committee oiven you T 

Mr. PRATT. Twenty-five thousand dollars. f am in earnest about 

this. I do not often make requests of this sort, and I am in earnest 

when I make them. 

Several SENATORS. Take a division. 

Mr. PRATT. Very well; I will a k for a division first. 

The question being put, on a division the ayes were 21 and the 

noes 12; no quorum voting. 

Mr. SPENCER. Let us h.we another division. There is a quorum 

present. Mr. FLANAGAN, (atone o'clock and thirty-four minutes a.m. Sunday, June 21.) I move the Senate adjourn, if there is no quorum. 

["No!" "No!"] 

Mr. DENNIS. Mr. President--

The PRESIDING OFFICER, (Mr. EDMtTh'"DS in the chair.) Debat.e is not in order. The question is on the motion of the Senator from 

Texas that the Senate do now adjourn. 

The motion was not agreed to. 

Mr. WEST. I desire to offer an amendment. 

The PRESIDING OFFICER. No amendment is in order until 

there is a quorum present. 

Mr. HAMILTON, of Maryland. Let us ha~e another vote. 

Mr. WEST. I move a call of the Senate. . Mr. HAMILTON, of Maryland. That is not necessary. There is 

manifestly a quorum here. 

lli. STEW ART. Call the yeas and nays on the amendment of the 

Senator from Indiana. That will show a quorum present. 

The PRESIDING OFFICER. Senators will• be kind enough to 

observe order. The Senator from Louisiana moves a call of the Senate. The question is, Will the Senate agree to the motion of the 

Senator from Louisiana t • The motion was not agreed to. 

Mr. STEWART. I call for the yeaa and nays. ~Ir. BAYARD. A division will do. 

The PRESIDING OFFICER. What is the motion of the Senator 

from Nevada T 

Mr. STEW ART. I call for the yeas and nays on the pending 

amendment offered by the Senator from Indiana, [Mr. PRATr,] so as 

to get a quorum. 

The yeas and nays were ordered ; and being taken, resulted-yeas 

21, nays 24; · as follows: 

YEAS-Messrs. Bogy, Clayton, Cooper, Fenton, Ferry of Michigan, Flana,..,"'l1ll, 

Hager, Harvey, IngallS, Mitchell, Oglesby, Patterson, Pease, Pratt, Ramsey, :Ran. som, Schnrlll, Scott, Tipton, West, :md Windom-21. 

NAYS-Messrs. Bayard, Boreman, Carpenter, Chandler, Edmnnds, Freling. hnysen, GQldthwa.ite, Gordon, Hamilton of Maryland, .Tones, Kelly, McCreery, JI.Ierrimon, Morrill of Vermont, Robertson, Sa.rgent, Sa.nlsbnry, Sherm.1Jl., Spencer, St.e- venson, Stewart, Thurman, Wadleigh, and Washbnrn-24. 

ABSENT-Messrs . .Alcorn, .A.llison, .A.nthony1 Boutwell, Brownlow, Bucking- ham, Cameron, Conkling, Conover, Cragin, DaVJ.s, Dennis, Dorsey, Ferry of Con. 

necticnt, Gilbert, Hamilton of Te:xa.-s, Hamlin, Hitchcock, Howe, Johnston, Lewis, 

Logan, Morrill of Maine, Morton, Norwood, Sprague, Stockton, and Wright-28. 

So the amendment wa~ rejected. 

Mr. HAGER. I desire to offer an amendment, to insert on page 14, 

after line 314, the following: 

For the protection of the harbor of San Diego, California., by tnrning the San 

Diego River into False Bay, $80,000, or so mnch thereof as may be necessary for 

that pnrpose. 

Mr. President, this is in accordance with the notiee I have given 

and in accordance with the recommendation I believe of every officer of the Government who has charge of any Department that brin~ harbors vorithin their view. It has been recommended by a re olutwn of 

the Legislature of the State of California which I have here and which 

has. been referred to the committee, by General Humphreys, by General Alexander, by Colonel Mendell, by the Coast Survey, and it is petitioned for by all the citizens living in the town of San Diego. It is 

the only harbor between San ·Francisco andMexico, andforthreehundred miles below the dividing line between California and Mexico, 

making a stretch of coast of about one thousand miles. It is the only 

natural harbor upon that whole coast. 

The San Diego River having burst over its natural boundaries is 

now discharging ·into the harbor of San Diego. Formerly it discharged in the so. called False Bay; but by breaking over its boundaries it is now discharging directly into this harbor of San Diego, and 

that is being gradually filled up with Mb-ris, which comes down with 

the winter rains and from the mountains and from the sands above. 

It is estimated that a bout three hundred thousand cubic yards of 

sand and d-lln"i8 are being deposited there yearly. These officers all 

say that this fine harbor will be ruined unless it has protection by a 

barrier to divert the stream so as to throw it into the cour e in which 

it naturally and ordinarily flowed hitherto. 

I have all these papers here before me and they can be read if there 

is any opposition to this appropriation. I was in hopes the chairman 

of the Committee on Commerce would assent to it, inasmuch as the 

recommendation came in subsequent to the committee's making their 

report. I will ask that the Clerk read the letters that have recently come in, if there is any desire to hear them. ["No!" "No!"] If there 

is no opposition, I will not require them to be read. 

1\t:r. STEW ART. I think there is no opposition. . The PRESIDING OFFICER. The Senator from California asks 

that a communication be rea~. 
1874 . CONGRESSIONAL RECORD. 5303 

.Mr. HAGER. Not unless the Senate desires it. If, under these circumstances, as I have stated them, with the 

Mr. SARGENT. I hope the amendment of my colleague will be recommendations I have from the War Department, from the engiadopted. neers, and from the Coa-st Survey, recommending this very approMr. CHANDLER. I have no doubt myself that this is a worthy priation and thls very important improvement-if after all that has 

appropriation. In 1602, that is two hundred and seventy-two years been done here this night this proposition is defeated, of course I shall 

ago, False Bay was said to be a harbor, and the river is in the same have to submit to t.he decision of the Senate. 

situation now that it has been in since the acquisition of California. The question Leing taken by yeas and nays, resulted-yeas 24, nays 

This river has emptied just where it does now for fifty years. I have 18; as follows: 

no doubt it would be desirable to turn the river again into False Bay. YEAS-Messrs.Bogy,C1aY,ton~.Cooper,Fenton,Fl:mn.gan,Frelinghuysen,IIa.ger, 

In 1853 a dam was built to turn t.he river, but the :first flood carried Ingalls, Johnston, Jones, Mitcheu, Morrill of Vermont, Oglesby, -pratt, Ramsey, 

it away, and since 1853 it has remained in precisely the same situa- ~;;~~.Schurz, Scott, Stevenson, Stewart, Thurman, Tipton, West, and Wintion. The rains in the spring wash down sand, and unquestionably NAYS-Messrs. Allison, Anthony, Bayard, Boreman, Boutwell, Carpenter, 

in the proce s of ages-I cannot tell how many-it will affect the har- Chandler, Davis, Ferry of Michigan, Hamilton of MarylanU, Hitchcock, McCreery, bor; but it is in tb.e same situation now that it has been since the Merrimon, Pease, Saulsbury, Sherm:co.n, Spencer, Wadleigh, and Wright-18. acquisition of California. ABSENT-Messrs. Alcorn, Brownlow, Buckingham, Cameron, Conkling, ConMr. HAGER. 0, no,· the Senator is mistaken. I have the map over, Cra,aint Dennis, Dorsey, Edmunds, Ferry of Uonnecticut, Gilbert, Gold- thwaite, Goraon, Hamilton of Texas, Hamlin, Harvey, Howe, Kelly, Lewis, Logan, here. Morrill of Maine, Morton, N orwoou, Patterson, Ransom, Robertson, Sprague, Stock1\fr. CHANDLER. There is orne filling up. - I mean the river has ton, and Washburn-31. 

emptied where it is now since that time. There has been some sand So the amendment was a~eed to. 

filled in. Mr. BOREMAN, (at two o clock a.m.) I move the Senate adjourn. 

Mr. HAGER. He.i'e is the report of the Secretary of War in the The motion was not agreed to. 

Forty-second Congres in which the engineers recommend it, and say: Mr. RAMSEY. I move to amend the bill by inserting after line 9 

20. Harbor of San D iego, Oalifo-rnia.-Thls is the only secure harbor on our Pa- of section 1 : · cific coast, south of San Fra.nci co, for the larger se.1.-~oin~ ve sels. It is close To continue the construction of the breakwater at DuLuth, $10,000. 

upon our Mexican boundary. It is to be the t erminus of ~;he I:)()Uthern Pacific Rail- 11 way, and is important from Jllilitary considerations. nfr. President, there is an estimate for that, and there is a great ne- In the printed a.nnual report from this office, of October, 1870, page 511, and in cessity for it. Some time since the Government to protect the com- that of October, 1872, pa~e 998, will be found a description, in detail, of the pres- merce of Du Luth constructed a breakwater, but owing to the storms ent condition of _this ha.roor, and su"gestions for its improvement. hi h ail d · th hi h 1 titud d th t 1 ted te th The engineer officer in charge of the present examination, Major Mendell, repeats w c prev e m ese g a es an on a e eva wa r e the recommendations made by others in the above-mentioned reports, that the best greater part of it was swept away. It was erected mainly for the pro- means of remedying the existintJ: evils is the diversion of the river to it.<J oltl chan- tection of the depot and tho entrance to the 1·ailroad station, and the 

nol into False Bay, by o. dam or levee, the cost of whlcli he estimates at $SO, COO. elevator which cost about $150,000. There is really about 300,000 

I have a letter from the Coast Survey that shows the importance of worth of property protected by this breakwater. Carried away as it 

the matter, and I have also their map showing bow the bed is mak- was by the storms, I think it is the duty of the Goyernment to reconing out directly into the harbor, of which Captain Patterson, of the struct it, and this is the small allowance we ask for to do that. 

Coa-st Survey, being familiar with this coast, being a navigator for- If we supposed Congress would be more liberal we should ask for 

merly in one of the mail steamships as commander, and in the habit more, as there is a necessity for more; but we shall be content with 

of entering that port, has told me that in the course of a few years this much to carry us through the summer, when this work can be 

perhaps it may be entirely ruined by dec:reasing the ebb and flow of done and great protection offered to commerce. the tide, and keep out the necessary scouring of the water at the If any gentleman supposes there is no occasion for this be is very 

entrance to the harbor. . much mistaken. If he supposes there is no trade at Du Luth he is 

I do not desire to take up the time of the Senate, but if there is much mistaken. They shipped from that port over three million 

any doubt about the matter I hould like to have those papers read. bushels last year, say one hundred thousand barrels of flour. AlThe latest one is dated April, 1874, last April, from General Alexan- though the town has been joked upon, it is a city of five thousand 

- der, recommending this particularly, giving the details of it; and if inhabitants, built in three or fom years. 

any Senator de ires the information I have it here before me. 1\.Ir. CLAYTON. I wish to ask where this improvement is to be made T 

The PRESIDING OFFICER. The Senator's time has exp:U:ed. The ])Ir. RAMSEY. At the city of DuLuth, on Lake Superior; and I will 

Senator asks that the papers referred to by him be read. say that this is the only appropriation, in addition to barely 10,000 

Mr. HAGER. I do not ask for them to be read unless there is oppo- for the inner harbor, for the whole of that lake in Minnesota, and 

sition. about one hundred and fifty or one hundred and sixty miles of its 

Mr. DAVIS. I understand this is an appropriation of 80,000. coast are within our State. Thi is the only harbor on that lake in 

The PRE !DING OFFICER. It is. Minnesota for which any appropriation is made. I hope there will be 

Mr. HAGER. What is the objection T no reluctance on the part of the Senate in giving me this. 

Mr. SHERMAN. I ask the Senator from West Virginia whether he Mr. SPENCER. Before voting on this question I should like to 

thinks it is worth while for us to waste time on these amendments t I have read for the information of the Senate the speech of J. Proctor 

can assure him all these amendments will be dropped, as a matter of Knott, of Kentucky. [Laughter.] course. At this period of the session, in all human probability, efforts Mr. RAMSEY. What would the Senator prove by that f 

to get amendments on this bill will not amount to much, even if they Mr. SPENCER. It is a long time since I rea-d it, and I wish the 

succeed. !"appeal to the good sense of my friend from West Virginia Senate to hear it. 

not to make a debate on an amendment of this kind. The PRESIDENT pro tempm·e. The question is on the amendment 

The PRESIDING OFFICER. The question is on agreeing to the of the Senator from Minnesota. 

amendment proposed by the Senator from California. The amendment wa-s rejected-ayes 17, noes not counted. 

The question being put, a division was called for; and the ayes were li'Ir. WEST. I desire to offer an amendment on page 16, which I 

16, and the noes 19; no quorum voting. understand from the chairman of the Committee on Commerce Will ~Ir. CHANDLER. I ask for the yeas and nays. not be objected to. It is merely requiring a survey. The amendThe yeas and nays were ordered. ment I offer is on page 16, to insert at the bottom of that page, after 

Mr. HAGER. Now I desire to say just a few words. line 57 of section 2, the words: 

The PRESIDING OFFICER. The Senator's time has expired. The Red River at Alexandria, Louisiana.. 

Mr. HAGER. But l have a second time, have! not! It will probably cost $100 to make the survey. 

The PRESIDING OFFICER. The Senator is not entitled to be The amendment was agreed to. 

heard without leave of the Senate. Mr. RAMSEY. I give notice that as soon as th:i£! bill is disposed of 

Mr. HAGER. I ask the Senate to allow me just three minutes. . I want the Senate to consider the post-route bill. 

'rhe PRESIDING OFFICER. The Senator from California asks Mr. FENTON. I desire to offer an amendment to come in at the 

unanimous consent to speak three minutes longer on his amendment. end of the one hundredth line, in the appropriation for the harbor at 

The Chair hears no objection. . Buffalo, New York : 

Mr. HAGER. This, as I have already stated, is a natural harbor, not And the Secretary of War is authorized to remove and prevent a.ccnmulations of an artificial harbor. We ask no appropriation for building a breakwater sand at the entrance of said harbor: P 1·ovided, The so.me can be done without expense 

or any artificial harbor. You are in the habit of spendino- millions or liability against the United States. 

of dollars for the pwpose of making artificial harbors, and0 yet here Mr. CHANDLER. I have no objection to that. 

is one prepared by nature which is being allowed to be destroyed for The amendment was agreed to, 

the want of an appropriation of a few thousand dollars. This oppo- Mr. BOUTWELL. I propose an amendment to come in after line 

sition seems to me the most astonishing thing in the world. Every 301. It is an amendment which the committee would have agreed 

Department of the Government, as I have stated and I have the doc- to if the rule in the committee ha-d not been so fum, but it has been umen~s b?fore me to prove it,. is in favor of this appropriation, recom- departed from by the Senate. It is a proper appropriation for which 

mending 1t for the pre ervation of a natural harbor, the only one in estimates have been made by the department. It -is very small but a d~stanceof one thousand miles ; and yet yon allow it to be destroyed very important. I should not ha,ve offered it except under the practice 

entirely for the w;ant of a small appropriation. Millions are being of the Senate. It is to insert after line 301 : 

elq)ended, 3B I have said, f~r arti:fic~ h2.rbo.rs, for breakwaters along For removing bowlders from the Merrimac River, near the city of Newburyport, the coast, and yet you decline on this occasion to make an appropri- Massachusetts, ,000. 

ation to llr~servf) a harbo~: w4i.ch natqre hn,s provideq for ~ou, . . The amel!-<1ro~llt was reject~q ~yes 14, noes not counted. 
5304 CONGRESSIONAL RECORD. JUNE 20, . 

Mr. MITCHEL:Y,. I offer the following amendment after line 310, on page 14, insert : 

For constructing a. canal to connect the waters of the Coqnille River, Oregon, with the waters of the Coos Bay, Pooi:fio Ocea.n, $100,000. 

I desire to state that at the last session of Congress a survey was 

ordered and the report has been favorable, and I ask for an appropriation. 

The amendment was rejected. 

Mr. DENNIS. I offer the following amendment merely for the sur- ·vey of a h&rbor; it is offered with the approbation of the Committee on Commerce. After line 90 of section 2 I move to insert: 

Survey of the harbor of Crisfield, Somerset County, Maryland, with a view to ' remove obstructions. 

Mr. BAYARD. Is that amendment open to amendment T 

The PRESIDENT pro ternpm·e. It is. 

Mr. BAYARD. I will not oiler any, for it is not required. 

The amendment was agreed to. 

The bill was reported to the Senate a-s amended, and the amendments 

made as in Committee of the Whole were concurred in. 

The amendments were ordered to be engrossed, and the bill to be 

read a third time. 

The bill was read the third time, and passed. .M:r. CHANDLER. I move that this order be entered with the bill: 

Ordered, That the river and harbor appropriation bill be printed, with the Senate 

amendments numbered consecutively. 

The motion was agreed to. 

JOHN D. YOllliG. 

Mr. STEVENSON. I ask the Senate totakeupHousebillNo. 3772. 

It gives to one of my colleagues in the other House the balance of 

pay which the Honse voted t o him, and the resolution for which I 

have on my ta.ble, and which the Clerk cannot pay him for want of 

funds. It is a bill (H. R. No. 3772) for the r elief of John D. Young, 

of Kentucky. 

:Mr. EDMUNDS. I think it extremely cle irable that we should 

have an executive session for a few minutes. 

Mr. STEVENSON. Let this bill pass. 

Mr. EDMUNDS. This will be the unfinished business when we 

open the doors. I move that the Senate proceed to the consideration 

of executive business. 

The motion was not agreed to ; there being on a division-ayes 18, noes 30. 

The bill (H. R. No. 3772) for the relief of John D. Young, of Kentucky, was read. It appropriates 1,009 to pay to John D. Young the 

difference between the sum of $2,509 ordered to be paid him by a reso- lution of the House of Representatives pas ed February 15, 1B69, and 

the sum of $1,500 which was paid him by order of the Committee on Accounts on the 5th day of April, 1869. 

Mr. EDMUNDS. Has the bill been taken up . The PRESIDENT pro tempore. The Chair considers it so. Mr. EDMUNDS. I shall be glad to have the question tn.ken upon 

that point. 

The PRESIDENT p1·o t-e?l1p01'e. The Chair will snbm.it the que tion 

to the Senate. 

Mr. EDMUNDS. I wish to inquire of the Chair, if I am not out of 

order, whether this bill is reported from a committee, and what com- mittee, and when f . 

The PRESIDENT p1·o temp01·e. It came from the House of Representatives to-night nnd has not been r eferred. Mr. EDMUNDS. Then it requires unanimous consent, I believe. 

I should like to hear the Senator from Kentucky read the order of the 

House, or whatever it is, to see whether I object or not. 

Mr. STEVENSON. Here it is: 

Mr. NmLAOK. I offer the following resolution, which is approveu by the Commit- tee on Elections, and demand the previous question: 

Resolved, That the Clerk of the Honse be, and be is hereby, directed to pay t<> .John D. Yonng, out of the contingent fund of the Honse, the sum of 2,500 for his expenses in prosecuting his claim t<> a seat in the llouse of P..epresentatives for tho 

ninth congressional district of Kentno1..-y. 

That resolution pa sed by :1yes 101, noes 60. :Mr. Young applied to 

the Clerk and got 1,500, the r eceipt for which and the certificate of 

the Clerk as to which :1re before me. He cannot get the balance be- cause the Clerk has no money to pay it, and this bill is to give him 

the balance of that which was due him under this resolution of the 

Honse. 

Mr. EDMUNDS. Let the Senator read the certificate of the Clerk. 

Mr. STEVENSON. Yes, sir. 

The books of the office show that there was pai4l Apd 15, 1869, to .John D. Yonng the snm of $1,500 for expenses in contesting a seat in the Fortieth Congress. 

The PRESIDENT pro tempore. The que tion is on the motion of 

the Senator from Kentucky to proceed to the consideration of this 

bill. 

The question being put, there was one n gative vote. 

Mr. EDMUND . That is an obj ection. The PRESIDENT pro temp01·e. The bill must be laid a ide. 

Mr. EDMUNDS. I did not vote no; I make no objection. 

:Ur. STEVENSON. Idesi.re to know what Senator voted against itf 

Mr. W .AD LEIGH. I voted against it.. There are many bills on this Calendar which should pass, and I do not conceive that this bill 

has any preference over those. -

Mr. STEVENSON. It will not take a minute. I appeal to the 

Senator from New Hampshire to withdraw his objection as a matter 

of courtesy to me. 

'l'he PRESIDENT p1·o tempore. Does the Senator from New Hampshjre withdraw his objection. 

Mr. WAD LEIGH. I withdraw it. 

The bill was read three times, and pa-ssed. 

PRE-EMPTION Al\TD HOMESTEAD ID\"TRIES. 

Mr. HARVEY. I am directed by the Committee on Public Lands, 

to whom was referred the bill (H. R. No. 3250) to confirm pre-emption and homestead entries of public lands within the limit of railroad grants in ca.ses where such entries have been made under the 

regulations of the Land Department, to report it back without amendment, and I ask for its present consideration. 

Mr. THURMAN. I a k unanimous consent to move that when the 

Senate adjourns it adjourn to meet on Monday at ten o'clock. 

Mr. EDMUNDS. No; there is no necessity for that. The regular 

hour will do. I have consulted about it. 

The PRESIDENT p1·o tempm·e. The Senator from Kansas [Mr. 

HARVEY] asks for the consideration of the bill just reported by him. 

Is there objection! 

Mr. EDMUNDS. We passed a bill of that kind to-day. We ought 

to have a chance to look at it. 

Mr. STEW ART. I think it ought to be examined. 

Mr. WRIGHT. I trust the Senator from Nevada will not object. 

Let the bill be read. 

1\.fr. EDMUNDS. I object to the consideration of the bill until we hear what it is. 

The PRESIDENT p1'o tempore. The bill will be placed on the 

Calendar. 

REPEAL OF S.Al\~OR..~ CONTRACT LAW. 

Mr. SHERMAN. I desire to call up House bill No. 3256. It will 

take but a moment. There is an amendment to it which require it 

to go back to the House. It is the bill to repeal the Sanborn contract 

law. 

1\fr. BAYARD. I hope there will be no objection to that. · 

The bill (H. R. No. 3'256) to repeal so much of the act approved May 

8, 1872, entitled "An act aking appropriations for the legislative, 

executive, and judicial expenses of the Government for the year endingJune30, 1873, and for other purposes," as provide for the employment of persons to assist the proper officers of the Government in discovering and collecting moneys withheld, and for other purpo es, was considered as in Committee of the Whole. 

The amendment of the Committee on Finance was to stlike out 

section 3. 

Mr. SI:lERM.AN. That section is a long penal section, prohibiting 

certain acts by members of Congress-the substance of the pre ent 

law. We did not think it necessary to repeat the present law in this 

act. 

The amendment was agreed to. 

The bill was reported to the Senate, and the amendment was con- curred in. 

Mr. FRELINGHUYSEN. I do not rise to debate this bill, and I 

suppose I sha.ll vote for it; but I wish to take this occa ion, by way 

of debate, to say to the Senate that the Attorney-General ha ent a communication to me saying tba.t it is of the first importance that we hould pass at this ses ion of Congress a bill for the enforcement of 

law in Utah. The Judiciary Committee have also committed that 

subject to my charge. It is a matter of no personal int erest to me whether the Senate pass the bill or not. AP, soon as that subject is 

mentioned, however, I know that with a great many it is looked upon as if there wa.s a case of persecution or an unpleasant ubjeot to take 

up. The fact is the bill a it pas ed the Honse is, you may say, only for 

tho enforcement of law. The Attorney-General in his communication 

ays the courts are all stopped in that Territory. I would ay further 

that since the bill came into the hands of the Judiciarr Commi:tee 

of the Senate ~hey have modified it so that there is nothing of it but 

imply a bill to open the courts of that Territory. I think, if the 

enate will give me an opportunity that they may hear the bill, it wm lead to no debate and will commend itself to the approval of the en- ate. I make this statement now while the Senate can hear it, so that 

when I do move thn.t biU they may decide whether they wish to legislate upon that subject or not. 

- The amendment was ordered to be •mgrossed and the bill to be read a third time. 

The bill was read the third time, and passed. 

COURTS rn ALABA:\f.A.. 

Mr. SPENCER. I desire to make a brief statement to the Senate, 

and I hope I shall have its attentjon. . 

We are in an unfortunate condition in the State of Alabama in 

regard to our courts. In the northern and middle districts of Alabama there is no circuit court j uriscliction. The Judiciary Committee 

of the House of Representatives have to-day agreed to report artlcles 

of impeachment of the United States district judge. We have had 

po courts in .Alabama for over a year, and in the northern district, in 

which I live! for nearly two years. We shall be without any courts 

dluing the present summer and fall unless we can procure the passa.ge 

of the bill which the Judiciary Committ.ee have r eported. I move 
1874. CONGRESSIONAL RECORD. 5305 

that the Senate proceed to the consideration of the bill (H. R. No. 2246) 

relating to circuit courts of the United States for the districts of Alabama. 

The motion waa agreed to; and the bill was considered as in Committee of the Whole. 

The Committee on the Judiciary proposed to amend the bill by 

striking out all after the enacting clause and inserting: 

That hereafter there shall be but one circuit court of the United States in and 

for the district of .Alabama, to be known aa the circuit court of the district of Alabama, which shall be held at the city of Mont~omery, in said State, and commence on the first Monda. yin June annually. The sain circuit court shall have and exercise 

in and for the said district of .Alabama the same original powers and jurisdiction as are or may be conferred by law upon the circuit courts of the United States; 

and shall have and exercise appellate and revisory jurisdiction over t.he decrees, 

jud,gments, and proceedinas of the district courts of the United States for the 

southern and northern districts as well aa the middle district, of Alabama, under 

the laws of the United States regulating the jurisdiction, powers, and practice of 

the circuit courts, and the judges thereof, in cases removed into said court by ap- peal or writ of error; and the said court, and the judges thereof, shall have the 

general supervision and jurisdiction in all cases a,nd questions arising in said districts, respectively, under the second seotion of the act approved Ma.rch 2, 1867, 

entitled ".An act to establish a uniform system of bankruptcy throughout the United 

States." 

SEC. 2. That all civil causes, actions, snits, executions, pleas, process, and other 

proceedings now pending in said district courts of the Umted States for t.he south· ern and northern districts of .Alabama, which might have been brought, and would· 

have been originally cognizable in a circuit court, are hereby declared to be trans- ferred to the circuit court of the district of .Alabama; and t.he clerks of said district courts shall transmit all the original ~apers in such causes, and a complete transcript of all the dockets, minutes, orders, .Judgments, and decrees in such causes as the same appear of record in said district courts to said circuit court of the United 

States at Montgomery Alabama; and the said circuit court shall have as full, com- plete, and ampfejurisdlction to proceed, hear, try, and determine said causes thus 

transferred, and to do any and all acts, and make any and all orders in relation to such records and papers, as if said causes had been commenced originally in said court. SEc. 3. That all act.s and parts of acts contravening the provisions of this act be, 

and the same are hereby, repealed. 

Mr. GOLDTHW .A.ITE. I wish to offer a substitute for the bill re- ported by the committee. lt is the bill passed by the House. 

Mr. SPENCER. My colleague I think is mistaken in offering a substitute. He desires to have the Senate disagree to the amendment of 

the committee, so that we shall pass the House bill as it came to the 

Senate. 

The PRESIDENT P'I'O ternpore. The Senator will n.ccomplish his 

purpose by voting against the amendment of the Committee on the 

Judiciary. The question is on the amendment. 

Mr. WRIGHT. There were several bills referred to the Judiciary 

Committee on this subject and upon the examination of the entire 

question the committee concluded to recommend the amendment which 

ha just been read. I think it is well, before the Senate vote upon this 

question finally, that we have the House bill read, and then we can understand the question that is involved here. 

The PRESIDENT pro tlnnpore. The House bill will be read. 

The Chief Clerk read the bill, as follows: 

Be it enacted, cl:c., That there shall be, and is hereby, established a circuit court of the United States for the middle district of Alabama, as said district is now constituted by lawJ to be held in the city of Montgomery, and a like court for the 

northern district 01: .Alabama, as said district is now constituted by la.w, to be held 

in the city of Huntaville. 

SEc. 2. That said circuit com-ta shill lmve and exercise, within their respective districts, the same ori~al powers and juri diction as are or may be conferred 

by law upon the circwt court of the United States for the southern distriot of 

Alabama at Mobile, and shall have and exerci e appella,te and revisory jurisdiction over the decrees and judgments of the district courts of the United States for the 

Raid middle and northern districts, respectively, under the laws of the United 

States regulating the jurisdiction, powers, and practice of the circuit courts, and 

the judges thereof, in cases removed into said courts by appeal or writ of error; and said courts, and the judges thereof, shall have the general superintendence and 

jurisdiction over all cases and questions arising in said district courts, resP._ectively, under the act approved March 2, 1867, entitled ".An aot to establish a uniform sys- tem of bankruptcy throughout the United States," aa is provided for in the sooond 

section of said act. SEc. 3. That there shall be appointed for each of said circuit courts for said middle and northern districts by the circuit judge of the circuit a clerk, who shall take 

the oath and give the bond required by law of clerks of circuit courts, and who 

shall discharge all the duties and be entitled to all the fees and emoluments pre- scribed by la.w for clerks of circuit courts; and the United Stat~s marshals for said 

middle and northern districts shall respectively aot as marshals· for said circuit 

courts, and the United States district attorney for said districts shall discharge the 

duties of district attorney in said circuit courts for said middle and northern districts. 

SEC. 4. That the clerks of said district courts for said middle and northern districts shall transfer to the clerks of the said circuit courts respectively all the ori~a.l dockets, records, and files of papers in all common law and equity causes which might have been brought and would have been originally cogniz2.ble in a circuit court, and which were either disposed of or pending in said district courts while the same were vested with cirouitrcourt powers. SEc. 5. That the circuit court of the United States held at Mobile, Alabama, 

shall be designated and known as the circuit court of the United States for the 

southern district of Alabama; and its appell:~ te and revisory power, upon appeal or writ of error, or by bill or petition, or otherwise, under the second section of said 

a{)t entitled "An act to establish a uniform system of bankruptcy throughout the 

United Stat-es," is hereby restricted to judgments and decree rendered or causes :tnd questions arising in the district court of the United States for said southern distr~ct; and that the fourth section of the act approved March 3, 1873, entitled 

"An act relating to the circuit and district courts of the United States for the 

middle and northern districts of .Alabama," be, and the same is hereby, repealed. 

SEc. 6. That terms of the circuit and district courts for the several districts of 

.Alabama shall be held as follows: For the southern district. the terms of the circuit and district courts shall commence on the fourth Monday of December and 

the fir t Monday of June in each year·; for the middle district, on the first Monday of May and the first Mond:~-y of November in each year; for the northern district, on the first Monday of April and the second Monday of October in ea{)h year. SEC. 7. That; the fifth saction of the act approved F ebruary 2"2, 1838, entitled "An act to abolish the circuit court at Huntsville, in the State of Alabama, and 

for other purposes," and the act" approved .August 4,1842, entitled "An acttore ulate appeals and writs of error from the district court of the United States for ihe 

northern district of Alabama," be, 'and the same are hereby, repealed. 

SEc. 8. That all laws and parts of laws inconsistent with the provisions of this act be, aud the same are hereby, repealed. 

Mr. WRIGHT. When this bill was first before the Judiciary Committee the question was whether we should give to the State of 

.Alabama more than one place for holding the circuit court. It was determined at that time that there should be but one place, and that 

should be Mobile, and we reported the bill back accordingly, the 

opinion of the committee being that it was not advisable that there 

should be three places of holding court in the State of Alabama. ' In 

other words, that it wa~ not necessar.y that there should be a circuit 

court in each one of the districts of Alabama. We regarded that the 

expense attending upon these three courts wa~ such that we could 

not at this time well afford to recommend it, and we reported the bill 

accordingly. Upon the suggestion of the Senators from Alabama we changed that recommendation, the bill being recommitted, and rec- ommended that a court be held for the State at Montgomery, the _capital of the State. The amendment of the committee is that there 

be one circuit court for the State of .Alabama, to be held at Montgomery, having jurisdiction throughout the entire State, instead of 

at Mobile, aa at first recommended, there being three district courts 

still held in that State. 

The bill as pa-ssed the House, as I understand it, provides that there 

shall be three places of holding the circuit court in Alabama. It is 

for the Senate to determine whether there shall ·be one place of holding court at Montgomery or whether there shall be three places. I 

suggest to the Senat.ors from Alabama that if that is not sufficient, 

then it will be better for them to propose an amendment, so that there 

shall be two places of holding court, at Mobile and at Montgomery, if 

it is desirable that there shall be a court held at Mobile; but the com- mittee were of the impression and still entertain the opinion that it 

is not advisable under the circumstances that there shall be three 

places of holding court in the State of Alabama. That is the question 

which is presented. We have recommended that there be one place, 

and that the capital, for holding the circuit court, and three districts 

each having a district court. We .think this is about the same that 

is found in other States ; but we know that as the House bill stands 

it provides that there shall be additional clerks provided in each one of these districts. 

:Mr. SPENCER. I beg pardon. 

Mr. WRIGHT. As I remember the House bill, it propo es that 

there shall be a clerk appointed in the northern and central district~, 

and that there shall be a marshal also who shall discharge the duties 

in the e districts, and courts shall be held there, and that necessarily increa~es the expenSe of holding the courts. The committee have 

made this recommendation, and it is- for the Senate to determine 

whether there shall be a court held in each one of these places under 

the circumstances. 

Mr. SPENCER. The bill as passed by the House of Representatives was drawn by Judge Wood, the present circuit jud~ of that 

circuit. There are already three districts in Alabama. There are two marshals, one for the northern and middle districts, and one for 

the southern district ; there are two district attorneys, and there are three clerks of the courts. 

This bill will, in my opinion, add not one dollar to the expenses of 

the United States. The bill is agreed upon by the entire delegation 

from Alabama in the House and in the Senate. The entire delegation are unanimous. I have in my hand a telegram from the bax of 

Mobile. I have in my desk letters from the bar all over the State 

asking the pa sage of the bill as it passed the House. 

Every one knows that if the bill fails now we shall lose it entirely. 

'Any amendment will be fatal to it. I hope the amendment of the 

Senate committee will be voted down and the bill passed aa it came from the House of Representative . Mr. EDMUNDS. I am not much surprised at the speech of the 

Senator from Alabama. We had considered this bill in the Judiciary 

Committee as many other bills of a similar character, faithfully, and we thought, knowing what the business of these courts in .Alaba.ma is from the official returns, tha.t there was no just excuse for increasing the court fa-cilities there a.t all . 

Mr. STEVENSON. If the Sena.tor will allow me to interrupt him, I 

will state that we have not any courts in .Alabama. 

Mr. EDMUNDS. I think I understand -the whole subject quite as well as the Senator does, if he will pardon me. I do not know whether 

they have had courts in fact in .Alabama or not. .That is a subject 

which Congress cannot provide for. We cannot make judges do their 

duty and we cannot get rid of judges by any action of our own independently whom people have got appointed there. But I was saying 

that carefully considering this bill and other -similar bills, the com- mittee were of opinion that the amount of public business as shown 

by the official returns in that State would not justify any increase of 

expenses whatever or increa e of the places of holding courts. Then 

the question was whether we should provide that this circuit court 

(which by implication of law now I think extends o·ver the whole 

State, but to save the pos ible question we are willing to provide for 

that at any rate) should be held at Mobile or Montgomery. It was :finally determined, I believe with the concurrence of one of the Senators from Alabama at any rate, that if only one place was to be :fixed, 

Montgomery was the proper one as being the center of the State. Of 
5306 CONGRESSIONAL. RECORD. JUNE 20, 

course the people of Mobile do not like 'that. They want a circuit 

court where they have it now. The people of Montgomery want to 

have a court there; the people of Huntsville want a court there; 

and so on; but the United States, as we thought, is not justified in 

putting the circuit court on wheels and running it around over a State where there i nothin~ to do. In the middle and northern districts of Alabn,ma the circmt court business is practically nothing at 

aJJ., as the returns show. Now, if the committee has done its duty to the Senate and to the 

cotmtry in recommending what is right and resisting what is wrong 

for the public interests in the regulation of the courts of the United 

States iu that State, certainly the Senate ought to stand by this re- port. If on the other hand the Senate think that provision ought to ue made for having a United States court wherever the people of a locality demand one-and they will demand one in every county as fast as they find they can have one-then the committee ought to be 

overruled anu you ought to give t-hee gentlemen all the courts they 

a k for. That is the simple question. We have no interest against 

Alabama, quite the reverse; but having all the official information 

before us as to what the necessities of the ca e were and what would 

justify the expense of holding adilitional terms and so on, we folt 

obliged unanimously to report--

Mr. STEVENSON. Not tmanimously. 

Mr. EDMUNDS. I beg pardon of the Senator; I believe it wa not a unanimous report; I think one member of the committee was in favor 

of something more. I withdraw the observatio:s. I had forgotten the 

circumstance. We made this report then. 

Now I wish to a.sk t he Senate, in the interest ofthe admiriistration 

of justice and of securing the Treasury and of keeping the circuit 

courts of the United~ States within some bounds, to agree to this 

amendment recommended bythe committee, and t.hen Ishallhaveno 

objection to the passage of the bill although, as I say, we strained. a point in doing anything about it except as to the question of jurisdiction. 

.Mr. STEVENSON. I have been constrained to differ with the com- mittee, a thing I rarely do, anQ. I desire briefly to state the reasons for that difference. I was the only member of the committee who 

differed from the majority. 

The first ground I take is that the Senators and Representatives of a State know what their wants are, and if there is no increased ex- pense it is the duty of the Senate to yield their assent. When a united 

representation in the other House and a united representation here 

say to us "The necessities of the State demand that we shall have 

three pla-ces for holding our courts, and we acSk it acS a local matter 

without increasing the expense," I think it ought to be granted. 

Mr. ED~IUNDS. But you do increase the expense every time. 

Mr. STEVENSON. In the ·next pla-ce it appears that the circuit 

judge himself drew this bill. He knew very well what the necessities of the State were. I have great sympathy for the people of 

Alabama, a State in which I never was, but I know some little about 

its situation. It is very much like Kentucky. I believe that we have three places of holding our courts and the distances between 

them are not near as great a..s the distances in Alabama are. In addition to that, from Hunstville to .Montgomery is two hundred and fifty 

miles and you have to cross a chain of mountains to go from one to 

the other. In the impoverished condition of that people, I think 

that it is a hardship rarely pre ented to the Senate to deny them the 

privilege of having a court where they have held it heretofore, where 

there will be no additional clerk, no additional marshal, and where 

the people can enjoy the benefit of justice without being put to the 

expense of two hundred and fifty miles' travel over the mountains 

from Hunts:ville to Montgomery. Then again lt is impossible to know what t he business will be until 

you have the court, and they have not enjoyed the benefit of courts for some time. Mr. SPENCER. For two years. 

Mr. STEVENSON. For over two years the Senator from Alabama 

tells me. 1\Ir. SPENCER. At Huntsville. 

1.\fr. STEVENSON. Now, sir, in view of all these circumstances 

and in view of the action of Congress at this session in dividing 

the State of Louisiana into two judicial districts, is it not a hardship for the Senate to overrule the wishes of the Senators and the 

wishes of a united representation in the other House from Alabama 

when what they ask involves no increased cost and has the indorsement of the judge himselU It does seem to me that it makes the 

strongest ~ppeal I have heard, and therefore I was constrained to differ from the committee and I hope the Senate will grant what is 

requested. 

:Mr. GOLDTHWAITE. When I under tood that the House bill 

was before the committee, I immediately went to the chairman, for 

it is a matter in which the people of Alabama, suffering as they have 

done for many years under the infliction of an unjust and incompetent 

judge, feel a deep interest. I went to the chairman of the Committee .:>n the Judiciary, and I found to my surprise that a bill was to be re- ported providing for but one place of holding a circuit court in Ala.-

barna, and that at Mobile or Montgomery. It is true as I informed 

him that I reside at Montgomery, and it is true also that I did say to 

him that if the court was located at Montgomery I would receive 

111ore bcne:tl~ fr mit than I would if it was located at any otherpoi-qt, 

I told him at the same time that it was in every respect unjust that 

Alabama, extending from the Gulf of Mexico to the Tenne ee line, 

upward of five hundred miles, that had from the time of its organization as a State been r ecoo-nized as in three clivi ion , South Alabama, Middle Ala1l8.ma, and North Alabama, should be allowed only 

onecircnit court. I told him that itwa..s amatterupou which the entire 

bar of the State were agreed, so far as they were concerned, that the 

House bill wa..s drawn at the request of the circuit judge, of whom 

not one single citizen of Alab::rm.a has a right to complaini that it was his wish and the universal wish of the bar and the wish of the 

people. For a million of people, which is the population of Alaba-ma., 

to be called upon to go to but one court in the center of the State, 

would necessarily operate to increase the expenditures to which the 

people would be subjected by causing _the court to continue longer 

than it would under different circumsta.nces. It is not in accordance 

with the existing recognition of the people of Alabama dividing their 

State into three distinct and separate district , which has been the case from 1819 when it was admitted into the Union. 

We have had one district court at Mobile, one at Montgomery, and one also in Huntsville; but, sir, we have now no wish for our district 

courts. This is owing to the incompetency of the jud~e who ba 

presided over them, so long an infliction on Alabama which but few 

St8.tes have endured. 

So far as the bill is concerned, I understand that thore is but ono objection to it on the part of the committee, and that is that it in- creases the expenses. Now, we have a circuit judge who is to hold 

each of these circuit courts. We have two mar hals who, under the 

hill a.s proposed by the House, will attend to the three districts. So 

there is no judge to provide for, there are no marshals to provide for. 

The only officers of the court that are left are the clerks, and the 

clerks are paid according to thefee bill by fees alone. So that really, 

with the marshals and the judge, and the clerks paid from their own fee bills as framecl by law, I do not see how there can be one single 

dollar of expense to the United States. And when the measure proposed is ill accordance with the wish of the entire people of Alabama, 

when not a single member of the bar is arrayed against it. and it involves no expense whatever to the Government, it would seem to me strange that it should be denied to that people under such circumstances. 

Mr. FRELINGHUYSEN. It is very clear, I think, that this bill will 

not pa s to-night. A suggestion was made by the Senator from Iowa 

that an amendment might be prepared providing for two courts, as they have two marshals. This bill for three I do not believe will 

pass without a great deal of discussion. But at all event I feel it my 

duty now to move to postpone this bill and proceed to the consiueration of the bill for the enforcement of l&.w in Utah. 

The PRESIDENT pro tempore. The SenatorfromNew Jersey move 

to postpone the pending bill and proceed to consider the Utah bill, so called. 

Mr SARGENT, (attwoo'clockandfifty-twominute a.m.) I move that the Sen'ate adjourn. 

The motion was not agreed to, there being on a di vi ion-aye 15, noes 24. 

1.1r. SPENCER. I hope we shall now have a vote. 

The PRESIDE~TT pro tempore. The question 1·ecurs on the motion 

of the Senator from New Jersey. 

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

The yeas and nays were ordered. 

Mr. SPENCER. I appeal to the Senator from New Jersey to withdraw his motion until we get a vote on this bill. It will relieve the 

people of Alabama very much. 

Mr. STEWART. I hope the Senator will accept the Judiciary 

Committee's amendment and take the chance of having it acted on in the other House. 

l\fr. SPENCER. That is asking something very unfair. I am willing to ta,ke a vote of the Senate and abide by the decision of the Senate without any further debate. 

Mr. STEWART. I fear you will get nothing unless you take the 

Judiciary Committee's amendment. The House will act on it at on co. Mr. SPENCER. I do not think at this hour anybody wants to 

debate the question. 

Mr. EDMUNDS. It will certainly h ave to be debated until it is 

fairly understood. I do not intend to commit this country, with the 

number of similar demands there are from sundry States to put the 

circuit court of the United States on wheels to run into every county, 

without the Senate fully underst.anding the subject, so that at the 

next session (if you are to leave it to the citizens of each State to say 

h.ow many courts they shall have) we shall be relieved of the trouble 

of settling the question. If you want to turn everything into tho 

Federal jurisdiction, to overthrow all the State courts and invito 

everybody to sue in the Federal courts everywhere, and double the 

expenses of the Treasury, then of course you can begin where the 

Senator from Alabama wants you to begin, by putting the courts in 

that State on wheels and carrying them into every section of the State, when from the state of bn ine in that State, a everybody knows, it 

is not once in a long while that anything except a criminal ca e (which can be tried in the district court) would arise in the north- ern part of that State. You do enough when you give to that Stat , who e business, as I ay, in the circuit court is so limited, a circuit 

<;owt either at Mobile or No:qt~omery, just UE! the Se:qators say, f9r 
1874. CONGRESSIONAL RECORD. 5307 

we left it to them to choose their place, and they said if they could 

have had but one, and not three as they preferred, they thought the 

public interests required them to agree on Montgomery. 

I repeat if the Senator wishes to say that instead of acting upon 

sound principles about this business and independent of local wishes 

you ru-e to turn this subject over to the various States through their 

repre entatives to-determine for themselves according to local pres- sure how many circuit courts they will have, then the committee wi h 

to know it fairly on discussion and we will report the rest of the bills 

according to the wishes of the various Senators and let the Treasury 

take care of itself. If on the other hand you are to act·upon this bill on the principle that upon a careful investigation of what the public 

good imperatively demands, and as far as· the public good will allow 

you to go, then I wish the Senate to stand by the careful consideration of the committee and give to the e people all the court that ends 

of justice and such conveniences as other State , like New York and 

Ohio and so on have, require. 

But, Mr. President, I do not want at this present stage, when an- other motion is pending, to take the time of the Senate to discuss this; 

but we have got to meet thisresponsibility, andmeetitfairlyuponits 

me1its, without regard to the special wishes of my friend from Alabama. We have to act upon different ground. If this maatter is to 

be debated I will send down to the committee-room and get the documents and reports and show the Senate how much circuit-court 

bu iness there is in Alabama., so that we shall vote understandingly. :Mr. SPENCER. I cannot help saying and believing that the Senator from Vermont is very harsh and very unjust. We have no district court in Ala,bama. If there was a district court in Alabama we should be perfectly willing to accept the committee's report. 

Mr. EDMUNDS. Let me state to my friend that that is a. tempo- rary inconvenience, because you have a. judge who you think is not a good one. Perhaps he is not; I have no right to pronounce any 

opinion. 

Mr. SPENCER. He does not hold court, and the Judiciary Committee of the Hou e have agreed on a resolution of impeachment. 

Mr. EDMUNDS. I have no right to say anything about that. I 

only point out to the Senate from the Senator's own statement that 

what they demand here is a regularly organized tribunal in three or four 

places in the State because for the moment you happen to have a judge that yon do not like or who does not do his duty. The circuit 

judge has a right to order into any one of these districts any other 

district judge if this man does not do his duty, and the business can be disposed of. The Senator has forgotten that. 

Mr. SPENCER. l have not forgotten that. Being foi:ced to do it, 

I will a.ccept the committee's amendment rather than endanger losing 

the bill entirely. I will accept the committee's amendment. I do it, 

however, und r protest. 

Mr. GOLDTHWAITE. What did I understand my colleague to 

say! 

l\Ir. SPENCER. That we woulu accept the amendment of the 

committee rather than lose the bill. 

Mr. GOLDTHWAITE. I hould rather lo e the bill. It would be 

rank injustice so far as the people of Alabama are concerned, to bring 

them from the Tennessee line to the center of the State, and from the 

Gulf to the center of the State. It is contrary to the wishes of the people. It is contrary to the recognized course of the people. So far as Alabama is concerned she has unive1·sally fTom the time of her admission down to the present hour, recognized three principal divisions of 

the State, and conformed her judicial proceedings with relation to 

tho e divisions. Now, there is not five dollars or certainly not fifty 

dollars a year to be lost to the Government by this; and every mem- ber of the bar, and ~he entire delegation so far as Alabama is con- cerned, and the people of Alabama, are for the House bill. It appears 

to me most singular that Alabama should be denied what her people, 

her ba.r, and her circuit judge desire to have. 

Mr. SPENCER . . If my colleague will allow me a moment, I will 

state to him, as that he is aware-and I wish the Senate t,o understand it-that at the present time in two-thirds of the State, in the 

northern and middle districts, there is no circuit .court jurisdiction, - and there is no Federal jurisdiction unless this bill passes in some shape. Hence I am willing to take the amendment of the committee 

rather than to be for the next six months in Alabama without any 

court. 

The PRESIDENT pro ternpore. The Chair will put the question on the amendment of the Committee on the Judiciary. · Mr. EDMUNDS called for the yeas and nay-s, and they were ordered. 

Mr. EDMUNDS. I am sorry to hear the warm remarks of the Senator from Alabama, [Mr. GOLDTHWAITE,] appealingtotheenthusia m of the Senate to do a particular act for him because his people demand it. Let me tell the Senator, so that there shall be no misunderstanding about this, that the districts of Middle and Northern Alabama never ha-d a circuit court in their lives. The district courts 

have had circuit-court jurisdiction until within a. year or so when, on 

account of the misconduct of the judge and at the request of SenatorsfromAlabamathemselves, we cousented to withdrawthe circuitcourt jurisdiction from those two northern districts of the United 

States, because they did not wish to have it reposed in the judge. 

They stated that there was scarcely any circuit-court business there, 

and he having circuit-court powers was enabled· to practice tyranny on the p~ople, it was claimed. We yielded to that demand and withdrew the circuit-court jurisdiction and conferred it, as the act of Congress intended to do1 upon the circuit-court judge, embracing tho 

whole State. My op1nion is now that that is the effect of the act; 

but there is a doubt about it; and now they come to·us and say "We 

wantthatdoubtremoved." "Very well," we say, ''wewillremovethe doubt." "Then" they say "we want two independent circuit courts set up that have never been set up in the States before in all it 

history," and which as I say referring to the reports of busine sexisting for a long series of years have no occasion, so far as the interests 

of business are concerned, to exist at all. 

What are the jurisdictions of the circuit court f The di trictcourt 

has criminal jurisdiction concurrent with the circuit court in all ca that arise up there. Then, when yon come to civil jurisdiction, it is 

between citizens of different States, and you find that there is no commerce in that part of the country sufficient to require a largo 

resort to Federal courts; and when yon come even to the southern 

part of the State, the st.ate of its business at this time, and has been 

for a long time, is such that the amount of proper Federal jurisdic- tion for the circuit court is not enough to keep one judge for two 

months in the whole year. That is the fact about it. There areca c1:1 

in bankruptcy, it is true; there are cases of internal-revenue vioh'itions, over both of which the district courts have proper juri diction~ 

I repeat that the circuit judge can now without any law, if this 

judge does not do his duty in these districts, a sign any other judge 

to go there from town to town .and hold the district courts now provided by law. In the face of this, when in the State of New York, 

having three million inhabitants, their courts are still farther apart 

by a long distance than those proposed in the State of Alabama, it is 

said that you shall set up two distinct circuit courts to accommodate 

the wishes of that people. 

As I said before, I have demanded the yeas and nays in order that · the committee may be guided in their action upon other bills by the 

action of the Senate upon this. If the rule is to be adopted that the 

wishes of Senators and members on the subject are to be the guide of 

action, then the Judiciary Committee will of course cheerfullY. return 

to the Senate, according to the wishes of the various Senators, the 

dozen or two bills involving a million or two of expense which are before us creating fre h circuits and fresh places of holding courts, 

and all that sort of thing; and we will take it as the rule that the 

wishes of the Senators, pushed up by the people who want more terms and more offices, areto bethe guide. If, on the other hand, the 

condition of business, the state of the Treasury, and the history of 

the transactions that we have had before in reference to these matters are to be the guide, then I do submit to tlie Senate that, how- ever much we may wish to oblige our friends from Alabama, as I 

certainly should· be gla-d to do as they know, we ought to stand by 

the committee and do what we have recommended to be done. That 

is all I have to say. 

Mr. THUl{.MAN. Mr. President, I cannot help thinking that my 

friend, the chairman of the Judiciary Committee, exaggerates the 

importance of this bill. It creates no new district. Three districts 

exist in Alabama already, and have ever since 1819, I believe. I do 

not think there is any great increase; and now if there is any State 

in the Union in which a circuit court is not held in every district in the 

State, with perhaps the exception of the eastern district of New York,. I am not acquainted with it. . Mr. EDMUNDS. The Senator ought to remember that there is 

really only one district in the whole of Alabama. It wa-s divided at 

the request of Senators into three places of holding courts, but there 

is only one district and one judge. It i.S subdivided. ·Mr. THURMAN. It amounts to the same thing. There are practically three districts; and I say again I do not know a single State 

in the Union which is divided into districts in which a circuit court 

is not held in ea.ch district except-and I am not sure of that-in the case of the eastern district of New York, which is just across the East 

River, consisting of Long Island, if that be an exception. 

J\.Ir. WRIGHT. The State of Iowa is precisely like the State of 

Alabama; it has but one district judge and four places of holding 

the district court ; and we have but one pla.ce of holding the circuit 

court in the State of Iowa. 

Mr. THURMAN. How many district judgesf 

Mr. WRIGHT. One district judge as they have in Alabama, and 

four places of holding court. 

Mr. THURMAN. I see no good rea-son why in this particular case (if Iowa is an exception it is the only one I know of. besides Alabama) 

Alabama should be treated differently from the mode in which other States are treated. I do not think there is any precedent to be 

dreaded .or any danger of running up the expenses of the jndical administration of the United States by pa ing this bill as the Senator 

and· Representatives from Alabama wish, and as the House has ac- corded to them. 

Mr. STEVENSON. I have only a single remark to make. So far 

as I am concerned I shall always consult the wishes of Senators and 

the wishes of Representatives in the other House and the wishes of 

the judges, if it does not increase the expense; but if it does increase 

the expense, then I shall wait, and I think the committee will wait. 

Now I undertake to say that the expense is not increased so far as clerks and marshals go. That is the information I get. 

Mr. EDMUNDS. Does the Senator mean to say that there are three 

marshals in the State of Alabama T 
5308 CONGRESSIONAL RECORD. JUNE 20, 

Mr. STEVENSON. No, sir. I do not say that. I say that there are two, and there will be but two under this bill. There will not 

be one increase. 

Mr. GOLDTHWAITE. One marshal for the northern and middle 

district. 

Mr. EDMUNDS. How many grand juries will be sUIIlll'loned and 

petit juries f 

Mr. STEVENSON. No more grand jurors or petit jurors so far as expense goe , because they will be at Montgomery if you have but one court, and. how will the Senator satisfy himself when he talks 

about Federal jurisdiction, when he himself has divided the State of 

Louisiana into two judicial districts with two judges, with extra 

officers and extra clerks t That is what I consider increasing Federal 

jurisdiction when yon increase Federal judges and increase Federal 

circuits. Then you increase expenses. That can be done in Louisiana. 

The circuitjudgewhois to hold this court wrote this bill. That is 

the highest evidence to me in addition to the united voice both of 

the Senators and Representatives of the State1 that the interests of 

the people demand it and require it; and if he 1s willing to do it why 

should any portion of the Judiciary Committee say "you shall not 

do it." They cannot say it upon the score of expense. There will 

not be another marshal and not another clerk. These men have had 

it from almost time immemorial. 

Mr. EDMUNDS. Have had what f 

Mr. STEVENSON. Have had courts at three distinct points, and 

that is all they ask now. Will the Judiciary Committee say that the 

circuit judge who proposes to hold three courts is not to be con- sulted 'f Is his opinion as to the necessity of this measure not to be 

looked toY Do we not know that whenever there is nothing that 

requires such a mea ure in the public intere ts, the judges affected 

always write to the Judiciary Committee and make suggestions f 

Judge Wood not only desires it, but framed this bill, and so far as I am concerned I want eve1·y State when the public expense is not increased to be accommodated in judicial matters as far as the desires 

of their people can be properly accorded. 

Mr. WRIGHT. It ha been said by the chairman of the committee, 

the Senator from Vermont, that it is desired by the committee that 

the Senate should determine this question fairly as to whether they 

propose to enter upon this scheme of increa ing the courts. I need 

not tell the Senate that the committee have no kind of feeling on earth on this subject except simply to do what is just and right under 

the law. 

It is suggested that the bar of Alabama have petitioned for these 

courts. There is not a State in this Union but what the ba.r at the 

different places would petition the Congress of the United States for an increase of court , having no kind of regard to and no thought so far as the que tion of expense was concerned. It is said here that 

there is no necessary increase of expense. Does not every Senator 

know that you cannot have an increase of courts without an increase 

of expense f You have an increase of grand jurors and petit jurors. As you have a.n increase of the number of courts you have an increase 

in the days that the courts are h eld, you have an increase in the ex- pense every' day that you hold court in these different places a every 

person knows. You have a court at Huntsville, Alabama, a court at 

Montgomery, and a court at Mobile, and you necessarily have an increased expen e. I suppose Judge ·wood, in suggesting that thee courts be h eld at 

different places, acted on the admitted fact that Judge Busteecl was not holding these court . This is a meretemporaryinconvenience, as every person understands. That temporary inconvenience can be 

remedied and would be r emedied if another judge was appointed there; 

and it is suggested that impeachment articles ha've been preferred 

against the present incumbent. If a proper judge were appoint-ed to 

hold the district courts, tho e courts could be held, and then the circuit court held in one place for the State of Alabama would be quite 

sufficient. The judicial business in the State of Alabama does not at 

all compare with that in other States that have but one· circuit court. 

It does not compare with the business inmy·own State, where we have 

but one circuit court. It does not compare with other States where they 

have but one circuit court. They have their district courts or they 

may have them in three places. This bill provides, as I remember, 

that there shall be an increase of the clerks of the court. There 

necessarily follows an increase of days of holding court and aJl the 

expenses attending a court. 

We have no kind of feeling on this subject except that a rule shall 

be established that shall be recognized as fair and just in reference 

to other States. The Sena.tor from Kentucky refers to the case of 

Louisiana. Whether that be right or wrong under the circumstances 

does not at all affect this question. The circumstances attending that 

case were entirely different from what they are here. Louisiana had 

had two district courts before the rebellion, a.s we understand ; a la.rge State as compared with Alabama, and it was shown here and 

it was shown to the committee that so far as northern Louisiana was concerned jurors and witnesses had but one place to go to for holding 

t he district court and but one place for the circuit court, and that was New Orleans, and they had to travel from four to five hundred miles and sometimes seven hundred miles to get to court at New Odeans, and the circumstances were so pressing aud the recommendation such 

from the Department of Justice, that the committee felt justified in 

ma~g that recommendation. In the State of Alabama they are in 

no different condition so far as the courts are concerned than are dozens of other States in the Union almost. 

If the Senate under the circumstances determines that there shall 

be three places of holding the circuit court, while they have three 

district courts, and when the returns of the Department of Justice 

show that they have comparatively but little business in these different places, small as compared with other States of the Union, then you have started upon a scheme of putting these courts on wheel to 

travel into evm'Y county in the St ate, and the expense that will b e entailed upon the Government and the consequence no one can tell. · The truth is, Mr. President, that these things are increasing every 

day, and it behooves the Sena.te to stop, else no person can tell wher e the expense will end. I want the State of Alabama to have all con- venient pla-ces for holding court. I suggest to the Senators that t h e best way for them to determine this question is that they 1et the 

amendment reported by the committee prevail, let it go to the House ; 

if they refuse to concur there can be a conference, and I b e1ieve t hat 

then, if it were accepted, they might agree upon a proposition to have a court at Montgomery and one at Mobile, and I am not sure but that 

might be a fair compromise; but as it stands now they insist on h av- ing three pla-ces of holding the circuit court, and therefore having a different condition of things than is found in any other State in this 

Union- but one district, and three places of holding court in that di - trict. No other State can be found where there is a parallel to this so far as I now remember. The PRESIDENT pm ternpm·e. The question is on the motion of the 

Senator from New Jersey to postpone the pending order and proceed 

to the consideration of the Utah bill. Mr. FRELINGHUYSEN. I will waive that motion for the present 

to have a vote on t.his matter. 

The PRESIDENT pro te'rnpore. The question then is on the amendment of the Committee on the Judicia.ry, upon which the yeas and 

nays have been ordered. The question being taken by yeas and nays, resulted-yeas 12, nays 

31; as follows : 

YEAS-Messrs. Anthony, Boutwell, Carpenter, Chandler, Edmunds, Freling- huysen, Harvey, Oglesby, Ramsey, Scott, Wadleigh, and Wrightr-12. NAYS-Messrs. Allison, :Bayard, Bogy, :Boreman, Clayton, Conover, Cooper, Davis, Dennis, Ferry of :Michigan, Flanagan, Goldthwaite, Gordon, Hager, H amil- ton of Maryland, !U.tchcock, Kelly McCreery, Merrimon, Mitchell, Torwcod, 

Pease, Ran om, Sargent, Saulsbury, Spencer, Sprague, Stevenson, Stewart, Thur- man, and Tipton-31. · ABSENT-Messrs. Alcorn, Brownlow, Bnckinuham, Cameron, Conkling, Cragin, Dorsey,·Fenton, Ferry of Connecticut, Gilbert, Iramilton of Texas, Hamlin, Howe, IngallS, Johnston, Jones, Lewis, Lo=, Morrill of Maine, Morrill of Vermont, Mor- tonJ Patterson, Pratt, Robertson, §churz, Sherman, Stockt{)n, Washliurn, West, ana. Windom-30. 

So the amendment wa-s rejected. 

Mr. EDMUNDS. Now let the bill be read, that we may see what 

is in it. 

The Chief Clerk proceeded to read the bill. 

Mr. ANTHONY. I think at this time of the night we might take a practical view of the question. It is clearly manife t that this bill 

will not pass until a very late hour of the morning, if at all, after the 

disposition that has been manifested. 

Mr. THURMAN. It will pass in five minute . Mr. ANTHONY. It caimot pass in five minutes, because the chair- man of the Committee on the Judiciary haa declared his intention to 

debate it. I certainly do not wish to prevent the pa sage of the bill 

if it is the de ire of the Senate to pass it; but I t hink we are wasting our strength here which we require for the rest of these sion. I move that the Senate do now adjourn. 

Mr. HAMILTON, of Maryland. Is it in order to stop the Clerk in 

reading a bill, "to make a motion to · adjourn? Let the bill be r ead 

through. Let us hear it. Mr. ANTHONY. I do not think the Clerk ha-s or claims any such 

privilege as that. It is done always. 

The PRESIDING OFFICER, (Mr. CLAYTO~ in the chair.) A mo- tion to adjourn is iri. order at all times. It is moved that the Senato 

do now adjourn. 

The motion was. not agreed to. The Chief Clerk resumed and concluded the r eading of the bill. 

The bill was reported to the Senate without amendment. Mr. EDMUNDS. I do not intend to occupy the time of the Senate any more. I understand precisely the ground upon which this bill is 

to pass; but I wish to correct an error into which Senators who have 

been somewhat warm in their debate about this bill not creating 

any new offices, have fallen. Those Senators who listened to the reading of the bill, if there were any such, will see that it does set up 

the entire machinery of circuit courts in the northern and middle districts, there being all the machinery already in the southern district. 

It provides for the appointment of fre h clerks whose fees I suppose now by law may run up to $5,000 a year, and they have salaries also, 

which are not large to be sure. It then provides for the appointment 

I think of one more marshal, so that there is a marshal for each one of the three districts. Mr. SPENCER. The Senator is mistaken in that. 

Mr. EDMUNDS. It may be; perhaps I wa mistaken b efore when I understood all the Senators to sn,y it did not creat e any new officers at alL The Senator from Kentucky harped on t he subj ect that t her e was no additional expense; that it did not provide for any; if it did 

then it would be anot her thin~. Now, !ou find when !01?- come to 
1874. CONGRESSIONAL RECORD. 5309 

read the bill that it goes the full figure; nothing is left undone to set 

it up. I merely wish to say now as to this bill that I leave it for one in charge of the Senators who wish to pass it with all the provisions 

it contains without taking any personnJ. responsibility about it my- self. 

The bill was ordered to a third reading, read the third time, and 

passed. 

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

The motion was agreed to; and (at three o'clock and thirty minutes a.m. on Sunday, June 21,) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

S.A.'l'URD.A.Y, June 20, 1874. 

The House met at eleven o'clock a.m. Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. 

The Journal of yeaterday was read in part, when the reading was suspended to receive a 

:MESSAGE FRO:\f THE SENATE. 

.A. message from the Senate, by Mr. SYMPSO:N, one of its clerks, informed the House that the Senate ha-d passed a resolution for the 

suspension of the sixteenth and seventeenth joint rules of the two 

Ho"Q.ses for the residue of the present session; in which the concur- rence of the House was requested. 

SUSP~'{SION OF JOINT RULES 16 il"'D 17. 

Mr. GARFIELD. I move that the House concur in the resolution 

just received from the Senate for the suspension of the sixteenth and 

seventeenth joint rules of the two Houses for the remainder of the 

present session. I may say that I do not know that there is any 

other reason for the existence of those rules than that they may be 

suspended. 

The SPEAKER. That is all the use tho Chair has ever known for 

them. 

Mr. :JI,IAYNARD. I would suggest to the gentleman that there 

might be a time when the rules might become important. They were put there like a sword in a sheath to be used in an emergency. 

Mr. GARFIELD. They were designed to be a brake on the business; but there is no need of a brake now. The SPEAKER. The sixteenth and seventeenth joint rules of the 

two Houses will be read. 

The Clerk read as follows : 

16. No bill that shall have passed one House shall be sent for concurrenC& to the 

other on either of the three last days of the session. 

17. No !Jill or resolution that shall have passed the House of Representatives and 

the Senate shall be _presented to the President of the United States, for his appro- bation, on the last day of the session. 

The SPEAKER. The Chair believes that there never has been a session since the rules were adopted that they have not been declared 

inoperative. 

Mr. NIBLACK. I have no objection to concurring in the resolution of the Senate; but I would ask, why should those rules be maintained if they are always to be suspemled f 

:Mr. GARFIELD. There is a case in which these rules might be 

made operative. Suppose we were in this situation, that the Senate 

wanted to force the House to a final adjournment without passing 

certain bills, or that the House wanted to force an adjournment with- out the passage of certain bills. This is a complete check which one House has upon the business of the other if it chooses to exercise it. 

In some instances it might be of great value. Mr. G. F. HOAR. If I may be permitted to say a word, I believe 

these rules were intended to save the country from the pa sage of 

those ill-considered and ill-understood bills which get through during 

the hurry and confusion of the last three days of a session of Congress. They are most wise and salutary rules, although undoubtedly 

there may be a necessity to uspend them for certain bills essential 

to the public business. But if instead of consenting to suspenu them 

generally every year as we do, the suspension was limited to appropriation bills and bills of like character, I think it would be one of 

the greatest safeguards the country would have against ill-considered 

le"is1ation. 

Mr. KELLOGG. I would suggest to the gentleman from Massachusetts that if the rules were enforced as he suggests it would cut 

off every pension bill that passes in the latter portion of the session. 

Mr. WILLARD, of Vermont. Well, then, the pension bills ought 

to be passed earlier in the session. 

Mr. MAYNARD. These are rules which everybody who has studied 

the matter for a moment will s~e look to the greater independence 

of the two. Houses of Congress. I may say that owing to the universal corruty between the two Houses they have never yet been 

en!orced. They have been suspended, I think, every year by general 

consent. The rules, however, are right enough, and their suspension 

is also right enough. 

Mr. NT...BLACK. I think these rules are right and that they should 

be enforced ; but I do not propose to put myself in the position of objecting to this motion. 

Mr. SENER. If this discussion is proceeding by unanimous con- sent, I object t.o it. 

The SPEAKER. It is not proceeding by unanimous consent ; the 

motion is debatable. 

Mr. RANDALL. The fact is that these rules ought to be retained, 

but an exception should be made in favor of appropriation bills. 

They should be the only bills allowed to pass between the two 

Houses on the la>St three days of the session. The enforcement of 

this rule would prevent action by the two Houses on bills which are crowded through in the closing hours of the session and which should 

not pa s at all. 

The SPEAKER. As this question is before the House, the Chair 

will make the remark that it is the appropriation bills above all 

other bills to which the rule should apply. 

Mr. ~TD.A.LL. They are always delayed until the last days of the 

session. 

The SPEAKER. That is the very evil that these rules were originally designed to correct. 

Mr. RANDALL. But they have failed in their purpose. 

The SPEAKER. Entirely so ; and the Chair believes that every 

year since 182-2 these rules have been suspended at the end of the 

session, and the proposition to suspend them has uniformly come from the Senate as it does now. It takes a maJority vote only to 

suspend these rules . Mr. GARFIELD. I now call for a vote on my motion to concur with the Senate in suspending these rules. 

The question was taken; and the resolution of the Senate was concurred in. 

READIXG OF THE JOURSAL. 

Mr. WILLARD, 9f Vermont. I now call for the continuation of 

the reading of the Journal; I believe it waa not completed. 

The SPEAKER. It was not. 

The Clerk resumed the reading of the Journal. 

Mr. DA. WES. I move that the rules be suspended so as to dispense 

with the further reading of the Journal. 

The question was taken; and (two-thirds voting in favor thereof) 

the rules were suspended and the further rea-ding of the Journal was dispensed with. 

MANAGERS OF NATIONAL H0:\1E FOR DISABLED SOLDIERS. 

Mr. ALBRIGHT, by unanimous consent, introduced a joint re olution (H. R. No. 114) to fill a vacancy in the board of managers of the 

National Home for Disabled Soldiers; which was read a first and 

second time. 

The joint resolution appoints JAMEs S. NEGLEY, of Pennsylvania, a manager of the National Home for Disabled Soldiers in the place 

of J ay Cooke, of Pennsylvania, resigned. 

The joint resolution was ordered to be engros ed and read a third 

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

and passed. OWNERS OF SCHOO:NER ADA A. ANDREWS. 

On motion of :Mr. EAMES, by unanimous consent, the Committee 

of the Whole on the Private Calendar was discharged from the further consideration of the bill (S. No. 688) referring the claim of the owners of the schooner Ada A. Andrews to the Court of Claims, and 

the s:une was brought before the House for consideration. 

The biU provides that the claim of the legal owner or owners of 

the schooner Ada .A.. Andrews, her cargo, freight, and personal effects, 

alleged to have been sunk by collision with the United States ve el 

of war Ticonderoga on or about the 1st day of May, 1871, be referred 

to the Court of Chtims to hear and determine the same to judgment, 

with right of appeal aa in other oases. No suit is to be brought under 

the provisions of the act after six months from the date of the passage thereof. 

Mr. HOLMAN. Is this a report from a committee f 

Mr. EAMES. The pa sage of the bill is recommended by the Com- mittee on Claims of the House. 

The bill was ordered to a third reading; and it was accordingly 

read the third time, and passed. · 

CHANGE OF NAMES OF VESSELS. 

Mr. CONGER, by unanimous consent, from the Committee on Commerce, reported back, with the recommendation that it do pass, the 

bill (H. R. No. 1767) to change the name of the steamboat Kitty _Strong. • • The bill authorizes the owners of the steamboat Kitty Strong to 

change the name of sa,id boat to Fanny Ellis, and provides that from 

and after the passage of the act it shall be entitled to a. register by 

that name. The bill wru; ordered to be engrossed and read a third time ; and 

being engros ed, it was accordingly read the third time, and pa ed. · Mr. CONGER also, by unanimous consent, from the same committee, 

reported back, with the recommendation that it do pass, the bill (H. 

R. No 3211) to change the name of the schooner Delmar. 

The bill authorizes the owners of the schooner Delmar to change 

its name to Addie Henry, and provides that a register be granted rn the new name. The bill was ordered to be engrossed and read a third time ; and 

being engrossed, it was accordingly read the third time, and passed.