• 

1874 CONGRESSIONAL RECORD~ 1809 

Now ~ir, simple though it may be, yet I can find sufficient authority 

in the Constitution of the United States to authorize me to arrive at 

the conclusion that I do. In that I may be entirely wrong; but if I am wrong, the framers of the Constitution of the "Vnited States were likewise wrong. They were not then prepared literally to declare 

for and against everything; but we must look to their intent. I 

find in section 8, of th~ fir t article, that the Congress of the United 

States shall have power to do-what' 

To lay and collect taxes, duties, imposts, and excises. 

There is no question upon that subject. Everybody is agreed upon 

that, whether wise or ignorant. 

To pay the debtsThere would be no issue upon thatand provide for the common defense and general welfare of the United States. 

That language is latitudinous. It contemplates rattlesnakes, if you 

like, Dahlgren eannon, verything and anything that is pernicious to 

the human family-yellow fever, cholera, or anything else. They have 

the power to protect theGovernmentin all thes respects; and further: 

To make all laws which shall be necessary and proper for•arryinginto execution 

the foregoin~ powers, and all other powers vested by this Constitution in tJ.le Gov· ernment of tne United States, Ol' in any department or officer thereof. 

It may be said that it would require money to do all this. That 

is very true, and this bill proposes to aJIJ_)roprin.te 10,000. I think 

it ought to be 15,000. I think these commissioners ought to have 

3,000 each. I think, as my friend from Delaware has very well said, 

it is a matter of great moment ; and I have no hesitancy in saying 

that I should not look to the patriotism of the country to thn,t degree a to require learned men and good ones, as they certainly should be, 

to make a sacrifice on this great subject. My friend proves that it is 

great, for he talks of the millions of revenue paid by the manufacturers of alcoholic liquors. That is very true; but is that a single reason in the mind of this nation why it should have recognition for one instant f No, sir; this fell and great destroyer of the human 

family should not have standing or place in this broad land, no matter what the estimate of the revenue from it might be in dollars and 

cents, if it is concluded that it is injurious to the nation at large. 

Therefore I ignore that proposition, and would go further directly 

upon that line. 

There is a great question pending here now, as to the resumption of 

specie.payments. I would go any day, yea, I would leave my bed at 

midnight, in the deepest snow that we have now on God's earth, and 

go to the Capitol and vote to make the Government pay the debt of 

the nation as it contracted to pay it. I would resume specie payment-s by taxation upon alcohol and its various ramifications. I 

would want no better subject for taxation. Let those who are determined t.o enjoy it, suicidally or otherwise, enjoy it; but let them bleed 

freely in taxes for doing so. Those taxes would bless the nation. If 

· you wish to do it, not in part but to go the whole length, tax it sufficiently high to _enable you to wipe oat the debt of this nation, and 

perhaps that ID.Ight check some of the defenders of it to some extent. 

Why sir, in the great city of New Yorkr which this mighty nation 

is proud of, which the world is proud of, there are nearly eight thousand liquor saloons. Look what a deluge there is there! There is 

a volume for this mighty nation to contemplate in one city alone 

of our proud nation. What might I say as to the number known to 

yom proud city of Washington, the capital of the greatest nation on God Almighty's earth, in my humPJe opinion' I. will not undertake 

to give the numbers here. There are too many known to all good men. 

My distinguished friend from Connecticut, [:Mr. BUCKINGHAM,] 

whom I alw!Lys love to J:ear, because he comes ri~ht down to morality 

and everything of that lrind of the very best order rill speakingupon this 

subject the other day said something about;. the women's movement. 

Sir, I am glad to know that they are moving. I have never been an advocate for the suffrage of women;· but I pledge you my word to-day, 

sir, that I am very nearly a convert, looking a.t the noble achievements of women at th.i& day, and seeing what they are doing, particularly if they shall succeed, as F hope in Gocj.'s name they may, 

in the great movement in which they are now eu(Taged. If they 

should do so, I· think it would be well for them to t~e the place of 

American legislators, because they will 1 have proven to the world 

clearly and conclusively that they are their superiors. They know 

the miseries of the human family; they know the woes that they are surrounded with growing out of this destructive element that is so ably defended and advocated1 by my distinguished friend from Dela- ware. If I knew that there was· a woman within the United States 

who couJ.d bring influences to .bear that would secure a prohibitory 

law that would save the men, women, and children of this nation from 

this scourge, and I had-the power to vaeate my seat here and place her in it, I would do it. 

Why, sir, I am ready to· go this far : I believe we never should have 

had the great-war that· existed between the brethren of this mighty 

nation, the people of the North and South, if it had not been for alcoholic liquors. I charge it' to alcohol; not to bad men. Unfortunately 

there are good men who participated1 in it, around the social board 

<Lild in the various avenues and ramifications pertaining to it; blood 

got _up ; fighting ensued; and yeti alcohol is triumphant. 

Srr, I am one • of tho e·who•will vote·against it in any way that it 

114 

is pqssible t.o suppress it. I believe the power exists under the Constitution of the United States -to meet this great ques~ion. If it does 

nOt, then I would be most anxiotls to vote for an additional provision 

that would reach it. This investigation opens up and invites the 

mind of the nation in that direction, and at the same time it strength- ens the mighty effort now being made on the part of the women of 

the land. Let them all come in together, and it may be that before 

the time of the great centennial exhibition is reached the gordian 

knot will be cut, and n,ll may meet together on that momentous oc- casion as a happy nation in the first one hundred years that alcohol 

has been tried and condemned; and in that case we shall be the most 

happy nation upon earth. 

:M:r. BUCKINGHAM. I now move that the Senate proceed to the 

consideration of executive business. 

Mr. WRIGHT. I appeal to the Senator from Connecticut to allow us to take a vote upon this bill unles there be a disposition to debate 

it further. So far as I am concerneu, having the bill in char~e, I 

have no disposition whatever to debate it; and I think we nnght 

have a vote now and dispose of it. 

The PRESIDENT JYI"O tempore. Does the Senator from Connecticut 

withdraw his motion' 

fr. BUCKINGHAM. I will withdraw the motion if we can take a vote on the bill. 

The PRESIDENT pro tempore. The Senator from Connecticut withdraws his motion. - ltfr. THURMAN. I do not think this bill will pass without some further debate. I renew the motion to go into executive ses ion. 

:Mr. SHERMAN. This will come up as the unfinished business 

to-morrow and displace the centennial bill. 

ltfr. HAMLIN. Let the centennial bill be taken up first. 

Mr. SHER~UN. I appeal to my colleague to let this matter get 

out of the way of other business. 

The PRESIDENT pro tempm·e. The understanding of the Chair is 

that the centennial bill was laid aside informally, and was to remain 

the unfinished business to-day . . :Mr. SffifNER. That is the understanding. The centennial bill is 

in order for to-morrow. Mr. SHERMAN. I appeal to my colleague to allow a. vote to be 

taken first, on account of the general interest felt in this subject by a large number of people. As it is, it will stand in the way of the Calendar and all other business until it is disposed of. It is certainly a matter of not so great importance that we cannot decide how to vote 

upon it. I should be very glad to hear the views of my colleague 

about it, but still, I think, we ought to act upon it because it stands 

in the way of all private bills on the Calendar. By a vote of the Senate it has been placed at the head of the Calendar, and the Calendar 

cannot be reached in the ordinary course until this bill is disposed of. 

The PRESIDENT JYI"O ternpore. Does the Senator from Ohio withdraw his motion f 

Mr. THURMAN. No, sir. 

The PRESIDENT pro tempore. The· question is on the motion o:ti 

the Senator from Ohio. 

The motion was agreed to ; and the Senate proceeded to the con- sideration of executive business. .After one hour and ~-four 

minutes spent in executive session the doors were reopened,. and the 

Senate (at five o'clock and ten minutes p.m.) adjourned. 

HOUSE OF REPRESENTATIVES~ 

THURSDAY, Februa-ry 26, 1874. 

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

J. G. BUTLER, D. D. 

The Journal o.f yesterday was read and approv~d. 

BRANCH MINT IN SAN FRANCISCO. 

ltfr. GARFIELD. I ask unanimous con ent to report back from 

the Committee on Appropriations, for present consideration, the joint 

resolution (H. R. No. 58) to render availa.ble a certain unexpended 

balance of appropriation. The object of- the joint• resolution is to save an unexpended balance from being covered into the Treasury. 

The joint resolution wa-s read. It proposes to reappropriate and 

make available, from and a.fter the pa age· of the joint· resolution, 

the unexpended balance of the appropriation for tlle construction of 

the United States branch-mint building at San Francisco, California, now remaining on the books of the Treasury Depart.D;lent to the 

credit of the appropriation for that work, and unava.dlable underthe 

provisions of the :fifth, sixth, and seventh sections of ·the act of July 12, 1870. . 

ltfr. WOOD. I ask the gentleman from Ohio, whlJ>t is- the amount 

of the unexpended balance of appropriation proposed to be rendered 

available under this joint resolution 7 

Mr. GARFIELD. I hav:e a letter from the 'Sectetary of the Treas~ 

ury which fully explains it, and which I ask the Clerk to read. 

The Clerk read as follows: TRtllABURY: D RPARTME IT, 

Washingl.on, D .• 0., Jant.UJ,ry 5, 1874: 

Sm: I inclose horewith copy of aletteu from the Supervising..Arch.itoot;in_rega.rd • to an unexpended balance, amounting to ~4,:P6.6i, st::tndino- to the credit of-the 
• 

1810 CONGRESSIONAL RECORD. FEBRUARY 26, 

appropriation for the erection of the United States branch mint in San Francisco1 which has become unav:Wa.ble under the provisions of sections 5 and·6 of the actol 

J u1y 12, 1870, and wou1d respectfully req nest the passage of a resolution making the 

appropriation available. 

It is of the utmost importance that the new mint shou1d be completed :md J,>Ut in 

operation at the e..'lrliest possible moment; and unless the above appropriation is 

made availa.ble, or a similar amount appropriated, it will be necessary to suspend 

work. 

It will be seen from the letter of the Supervising .Architect that the appropria.-

tions for the completion of this building, including the above-named amount, have not exceeded the amount fixed by law, namely~ f 1,500,000. There appears to me, therefore, no reason why the above amount shorud not be rendered available. 

In this connection I desire to express -my concurrence in the views expressed by the Supervising.Architootinregard to the operations of the fifth and sixth sections 

of the a<ltaboTe referred to, so far a-s regards the appropriations for public works, 

and desire to call attention to 'the fact that the appropriations for light-houses have 

been exempted from the operations of this act by the act of June 10,1872, and would 

recommend t.hat the same provision be extended to public buildings. 

Very respectfully, 

Hon. J..ums A. GARFIELD, 

WM. A. RICHARDSON, 

Secretary. 

Ohairman Oommittee on Appropriations, House of Representatives. 

Mr. RANDALL. When this matter was formerly before the Hous6 

I raised the point of order on it, as the gentleman from Ohio will 

recollect. I have examined the subject since. I suppose the appropriation is a correct one, although I would like the gentleman who 

has charge of the resolution to tell me why this money wa-s not cov- ered into the Treasury under the two years' act, as I may term it. 

Mr. GARFIELD. I have no doubt that the Committee on Appropriations in 1870 intended to make a law by which all appropriations should be covered' into the Treasury within two years from the 

date of the law authorizing the appropriatiou. I have no doubt, I 

say, that such was the intention of those who framed the sections 

referred to. But they did not use words that resulted in carrying 

that intention ·out, and for this reason: Strictly speaking, in the eye 

of the law, Congress does not make an appropriation of money. Congress authorizes an appropriation to be made. The appropriation is 

made, in fact, by the Secretary of the Treasury when he draws an appropriation warrant. The courts regard the act of the Secretary 

in the drawing of the warrant, which is authorized bylaw, as the act 

of appropriation. Therefore we may make a law to-day authorizing 

the appropriation of 100,000, aml if two years, lacking a day, from 

to-day the Secretary draws his warrant against it, that warrant be- comes the act of appropriation; and they have therefore construed 

the sum as standing for two years after the day on which the war- rant is dr~twn which is called the appropriation. 

Now the Committee on Appropriations has endeavore~, in the legislative appropriation bill now pending, to rectify what we consider 

the mistake of that law, and have provided that whenever any sums shall have stood on the books of the Treasury, as liable to appropriation,_ for two years, they shall be covered back into the Treasury; but as the law now stands they are not liable to ue covere<l in until two 

years after the appropriation walTa.nt shall have been drawn setting 

them apart a-s appropriations. 

:Mr. NIBLACK. I wish to inquire of my friend from Ohio if he 

does not consider this construction given by the Treasury Department 

to this provision of the law of 1870 as being in effect an evasion of 

the plain intention of that law 

Mr. GARFIELD. I have no doubt that Congress intended to do 

the other thing. But I am equally clear as to this, that the older 

statutes did not contemplate an act of Congress as an appropriation; 

and I am inclined to think that technically the Treasury has been 

riO'ht in its construction. ltfr. NIBLACK. I think we ought to legislate so as to correct this 

evasion of the law. 

Mr. GARFIELD. I agree with my friend from Indiana that we ought; and I think we have in the legislative appropriation bill done 

exactly what he desires, · Mr. NIBLACK. I would suggest to the gentleman that, as this 

is in effect a. direct appropriation of money from the Treasury, it 

should be changed to a. bill instead of a joint resolution. 

Mr. q-ARFIELD. I will accept the suggestion, and move the change accordingly. 

Mr. BECK. I ask the gentleman to yield to me to make one remark 

about this law. 

Mr. GARFIELD. CE>rtainly. 

Mr. BECK. I was a member of the Committee on Appropriations 

when the law of July 12, 1:370, was pa secL We provided in section 

5 of that law, first, that all balances of appropriations contained in 

t.he annual appropriation bills, and made specifically for the service 

of any fiscal year :md remaining unexpended at the expiration of 

such fiscal year, shall be applied only to the payment of expenses 

properly incurred during that year or to the fulfillment of contracts 

properly mado within that yoar. .And then, in section 6, we provided 

"that all balances of appropriations, which shall have remained on the books of the Treasury without being drawn against in the settlemont of accounts for two years from the date of the last appropriation made by law," shall be covered into the Treasury. Yet, to-day, 

the amount of $72,000,000, $52,000,000 of which was applicable to and 

appropriated in the year lo71, is rotained upon the books of the Department and drawn against, because the Department construes this 

provision of law in this way: If there is an appropriation of 10,000,000 

for 1871, for the pay of the Army or for any other purpose, and then 

within two years the Department draws against it for say ten dollars, 

and then two years afterward for ten dollars more, the whole of that 10,000,000 is kept running forever, subject to the use of the Department. The last Book of Estimates shows that there are $72,0001

000 

afloat now upon that construction; which is nothing but a fraudUlent 

attempt on the part of the Department to control, as they are now doing, 72,000,000 of balances, against the plain letter and intent and 

meaning of the law passed by Congress. 

The provision of the legislative bill, which the gentleman from 

Ohio [Mr. GARFIELD] says will require, on the 1st. day of July of 

each year, all unexpended balances to be covered into the Treasury, simply allows the Department to draw from now until the 1st 

day of July without restraint, when the whole sum should now be 

put beyoncl departmental construction. I will ask the gentleman 

to admit an amendment to accomplish that object, so as to stop the 

expenditures now, and not wait until the 1st day of next July. Mr. GARFIELD. If the language employed by the committee does 

not perfectly accomplish the purpose, I will be glad to have the help 

of the gentleman from Kentucky. 

Mr. RANDALL. I do not, for one, desire to place the Hou e in the 

position of acquiescing in the interpretation of the Department in 

reference to the law of 1870. 

Mr. BECK. It is all wrong. 

Mr. RANDALL. I suggest to the gentleman from Ohio [Mr. GARFIELD 1 to make this a direct appropriation of money from the Treasury. If he will do that, the purpose for which this money is required, 

being a proper one, I think it will meet with no opposition. But 

the bill as it now stands puts Congress in the position of recognizing, 

by a solemn enactment, a technical construction of the Department 

whereby enormous sums of money are retained on the books of the 

Treasury, subject to draft at any time; which construction is neither 

the letter nor the spirit of the law. 

Mr. GARFIELD. The gentleman makes this mistake: it is a matter 

which ha been decided by the courts as well as by the accounting offi- cers of the Treasury. We do not either recognize or oppose that con- struction by this bill. We simply say that the amount of money appropriated for this mint at San Francisco, and which could not be used 

in consequence of the failure to obtain title to the land in time before 

the two years had passed, shall be used to finish the building, the money 

being needed for the daily work going on. It is tq avoid the delay of 

waiting for the regular deficiency bill. 

Mr. WOOD. The gentleman says the Department assumes the right 

to override, ignore, and abolish an act of Congre s regulating appropriations, and stating when they shall be covered into the Treasury 

if not used. I think he should go much further than the sugfO'estion 

made by the gentleman from Pennsylvania, [Mr. RANDALL.] think we should determine the question now so as to cover in the Treasury 

not only the unexpended balances 11.ow remaining, but all there may 

be hereafter, not only in the case of the California mint, but in all 

similar cases. That should be done, not by an appropriation bill, ad 

proposed by the chai.rma.n of the Committee on Appropriations, but 

by a general law providing that when any money appropriated shall not 

be expended for two years-not merely not drawn upon-it shall be 

covered into the Treasury. I think the time has arrived when it is 

necessary for the money-appropriating power of the Government to 

determine what limit shall be placed upon executive action in reference 

to disbursements. 

.Mr. GARFIELD. The ~entleman from New York [Mr. WooD] could 

not have heard what I satd in reference to the legislative appropriation bill. The last section of that bill is short, and I will read it. It 

is as follows : 

SEa. 4. That on the 1st d"\y of July of ea<lh year the Secretary of the Treasury 

shH.ll cause all unexpended b~ces of appropriations, which shall have remaine<i 

upon the books of the Trea ury for two fiscal years, to be carried to the surplus fund. 

This langnagewas drawn bytheCommitteeon.A.ppropriations after 

consultation with those in the Treasury who construed the law, and 

it is acknowledged by them that it will accomplish perfectly and 

completely what we believe to have been ihe intention of the two 

Houses of Congress. 

Mr. BECK. Do you not Ly that provision allow all balances now running to remain until the 1st day of next Julyf 

Mr. HALE, of Maine. How much earlier than the 1st day of July 

next doe the gentleman suppose the legislative appropriation bill 

will pass and become a lawf 

Mr. BECK. It may not become a law before the 1st of June, if you 

please. All we have to do would be to strike out the words " not being 

drawn against in the settlement of accounts," in the sixth section of 

the act of 1 70, and then by their own construction the money will be 

covered into the Treasury the day the bill passes, instead of waiting 

until the 1st day of July next. I want to put the money at once beyond the power even of departmental construction. Every dollar now taken is in palpable violation of law, and they are doing it every 

day. 

Mr. GARFIELD. I think there would be found a. great inconvenience in undertaking to make such a provision begin its operation before the end of the fiscal year. I think it would very much disturb the method of keeping the accounts in the Departments to start off before the enn of the :fiscal year with a. general change of that kind; and, as the 
1874. CONGRESSIONAL RECORD. 1811 

gentleman from Mo,ine [Mr. HALE] suggests, it is hardly to be hoped 

that the legislative appropriation bill can become a law before the 

end of the present fiscal year. 

Mr. BECK. I understood the pressure was to have Congress adjourn on the 15th of May, and that we were trying to work up to 

that. 

Mr. GARFIELD. I understood the House distinctly to negative 

that proposition. I voted against it myself, as did the gentleman 

from Kentucky. 

Mr. BECK. Those balances do· not belong to the Departments by 

law; they ought now to be in the Treasury. We ought to curtail, 

indeed, abrogate, the power of the Departments •over them by every 

practicable means; we ought at the earliest possible day to put those 

balances beyond the reach of the Departments by any construction 

which they may adopt. 

.Mr. GARFIELD. Whenever the Honse will allow us to get at the 

legislative appropriation bill we can fix that matter. 

Mr. BECK. I shall object to this bill, if I have the right to do so, 

believing that this money is in the. Treasury now a-ccording to law. Mr. GARFIELD. It is too la.t.e for the gentleman to object. 

1\fr. BECK. If a good bill were presented making a reappropriation 

of this money, and if it were shown 1;hat San Francisco should have 

this mint building, I would vote for it. 

1\fr. RANDALL. I wish to move an amendment. 

Mr. GARFIELD. I yield to the gentleman from Maine, [Mr. HALE.] 

1\Ir. HALE, of Maine. I agree fully with what has been said here as to this construction of the Departments being in fact an eva ion 

of what was intended by the Committee on Appropriations and Congress in the legislation of 1870. But in reply to the suggestion made 

by the gentleman from Kentucky, [Mr. BECK,] who think~ that some- thing should immediately be done to prevent these large sums lying 

in the Treasury to the credit of the Departments from being used, 

there is this to be said in behalf of the Departments : that the fact 

of the e large sums lying there to-day, aggregating 70,000,000, unex- pended, not drawn upon, although the Departments have so construed 

the law that they could expend them, makes in favor of the Departments. So far as it goes, it shows moderation on their part. They 

have had by their construction, which has been accepted, 70,000,000 

that they might have expended, but which th"'y have not expended. 

I put this consideration to the gentleman as showing, in all fairness, 

that he need have no fear that during the few weeks which may 

intervene between the time Congress adjourns (and the earlier the 

better, in my view) and the 1st day of July there will be any great 

expenditure out of these sums. I am afraid that none of the appro- priation bills, which, as gentlemen know, are usually the last passed, 

will get through and become law, as things look now, much earlier 

than the 1st of July. In my judgment we ought to be able to get 

through our work six weeks earlier; but in the present condition of 

business in this House, with all the vast subjects looming up before 

us, I do not see how we can get through much before the heats of 

midsummer. So that the objection raised by the gentleman from 

Kentucky, [Mr. BECK,] that this provision ought to take effect at 

once, and not be delayed until July, has, I believe, no practical application. Mr. BECK. I wish to make a. single suggestion to the gentleman 

fromMaine. I have not time to go over the Book of Estimate which 

I have here, but I ask him to take for example Statement B, which 

contains the balances of appropriations made for the service of the year 

ending June 30, 1871, and limited by law to the payment of indebtedness for that year. If the gentleman will look over this exhibit he will see that these Departments are to-day drawing against the bal- ances of appropriations for 1871, which were limited by law to that 

year, and ought now to be in the Treasury. They had drawn over 1,000,000 in September last. Tho e balances are being diminished by 

the Departments every day, as the Book of Estimates shows. That is 

my reason for asking prompt action on this subject. 

Mr. HALE, of Maine. Balances accumulate every year. 

Mr. RANDALL. I desire to move an amendment, to strike out the 

words "the unexpended balance of the appropriations," and insert 

the following: 

That the sum of $234,176.64 is hereby appropriated, out of :my money in the Treas- ury not otherwise appropriated, for the construction of the br:mch-mmt building in 

San Francisco, California. 

:.Mr. GARFIELD. I hope the gentleman will not press that amendment, and for this reason : if we now make what would be an inde- pendent appropriation it will be without any limitation. If we reappropriate this money, the provision will refer ba{)k to the original law, 

and will be subject to all the restrictions and limitations to which we wish it subjected. But it has. been again and again decided thatMr. RANDALL. The bill in the form proposed appears to me a violation of existing law, which I do not propose to auction. 

Mr. GARFIELD. Will the gentleman listen a momentY It has 

been decided again and again that a naked appropriation for a public 

building, accompanied by no restrictions upon the appropriation, is to 

be construed, so far as the amount of money is concerned, as repealing the generallimit5.tions applicable to the subject. This was stated 

by the cha.irm:m of the Committee on Ways and Means [Mr. DAWES] 

in his speeoh the other day, concerning the post-office building in 

Boston. 

Now, the advantage of aimple :reappropriation keeps it all within 

the olcllimitation, and it ls for that reason I desire it shall be simply 

made available. ~fr. RANDALL. The very act of 1870 changes that construction. 

Mr. GARFIELD. No; it does not. 

Mr. BECK. In the case of the Knoxville post-office, there was an old appropriation of $10,000 uncovered into the Treasury, and upon 

the foundation of that unexpended balance they built up an appropriation of 100,LOO. It is to stop just that very sort of appropria.-

tion the act of 1870 was pa sed. 

Mr. RANDALL. I propose to add to the amendment, that this sum shall cemplete the building. 

Mr. GARFIELD. I do not know whether it is sufficient or not, but 

this reappropriation has all the safeguards about it. I will yield to 

the gentleman from Pennsylvania to offer his amendment. 

1\fr. RANDALL. I move the following substitute. Let us do this 

right, if we are going to do it at all. 

1\Ir. GARPIELD. I think it gets it all wrong. 

Mr. RANDALL. No; it does not. I ask that my amendment be read. 

The Clerk read as follows : · 

Resol·ved, cf:c., That ihe sum of 234,176.64 be, and the same is hereby, appropri· 

ated out of any money in the Treasury not otherwise appropriated for the con- struction of the United States branch-mint building at San Francisco. 

1\fr. RANDALL. I propose to add still further to that amendment, 

"this being sufficient to complete the building." 

1\fr. GARFIELD. Is the gentleman sure it will be enough to com- plete the building Y 

lli. RANDALL. I know it is enough, for I have the word of the 

California members that it will be enough. Mr. GARFIELD. I call for the previous question. 

Mr. RANDALL. Does the gentleman object to my amendment t 

1\Ir. GARFIELD. I cannot accept the gentleman's amendment. 

1\fr. BECK. Does not this go to the Committee of the Whole on the state of the UnionY 

The SPEAKER. It is being considered in the HoUBe by unanimous 

consent. 

1\fr. PLATT, of Virginia. I should like to ask the chairman of the 

Committee on Appropriations a question. 

Mr. GARFIELD. Certainly. 

1\ir. PLATT, of Virginia. Why should this amount for the con- struction of this building not be covered into the Treasury on the 1st 

day of July next, and be eparated from the consideration of all other 

unexpended balances in like situation in reference to other buildings 

throughout the countryt Why should they not all be considered together Y I should say I ~<YTee with the object of the bill, but I think 

it is one which should be met by the House in a general bill. In my 

judgment one of the worst laws passed by Congress was the one cov- ering unexpended balances into the Treasury so far a public buildings are concerned. 

1\Ir. BECK. That law has saved millions of dollars to the country. 

1\Ir. PLATT, of Virginia. That law of 1870, covering unexpended 

balances into the Treasury, goes into effect at a time when a great 

ma.ny of these works which are being prosecuted by the Government 

should be carried forward with vigor. Just at that moment all the 

available funds appropriated for the pmpose are by the existing law covered into the Treasury. I should like to have the bill from the 

committee pa sed, as the object de ired to be accomplished is a meritorious one ; but it ought to be done as soon as possible in a general 

law. I am unable to see any rea on why this appropriation should 

be selected from numerous others in like situation, or why this com- mittee should ask that it shall be acted on separately. 

1\Ir. GARFIELD. The only answer I have is, this is the only building for which the Secretary of the Treasury made a special request. 

'Vhen he sends requests in other cases they will receive the attention of the committee. I demand the previous question. · The previous question was seconded and the main question ordered. 

The question recurred on Mr. RANDALL's amendment. 

The House divided; and there were-ayes 66, noes 47; no quorum voting. Mr. GARFIELD demanded tellers. 

Tellers were ordered; and Mr. GARFIELD and Mr. RANDALL were appointed. 

Mr. RANDALL. I hope the gentleman will not object to my amendment. 

1\fr. GARFIELD. I do object to it. I do not wish to swell appro- priations by doubling them. 

Mr. RANDALL. If it comes to that, there ought never a dollar to 

go out of the Treasury in the manner proposed by this resolution. 

The House again divided; and the tellers reported-ayes 60, noes 91. 

Mr. RANDALL demanded the yeas and nays. 

The yeas and nays were ordered. 

The question was taken; and it was decided in the negative-yeas 

77, nays 151, not voting 62; as follows: 

;YEAS-Messrs. Adams, Archer, Arthur, Ashe, Atkins, Barnum, Beck, Bell, Berry, Bland, Blount, Bowen, Bromberg, Brown, Buckner, Caldwell, John B. Clark, 

jr., Freeman Clarke, Clymer, Coburn, Cook, Crittenden, Crossland, Alexand r M. 

Davis,JohuJ.Davis, DeWitt, Durham, Field, Giddin,gs, Glo>er, Hamilton, ~y 

R. Harris, John T. Harris, Hatcher, Herndon, Holman, Hunton, J ewett, K endall, 

Knapp, Lamar, Lamison, Magee, Marshall, McLean, Merriam, Milliken, Mills, 

Mitchell, Neal, iblack, O'Brien, Hosea W . Parker, Perryi Phillips, R~dall, Rawls, 

Read, Robbins, William R. Roberts, Milton Sayler, Scofie d, Southard, E)peer, Stone, 

Taylor, Todd, Vance, Whitehead, Whitehouse, Whitthorne, Chw-les W. Willard, 

Willie, Ephraim K. Wilson, W ooU, John D. Yo~ g. and Pierce M. B, Young-77 
, 

812 ONGRESS~ON._A~ ~ECORD. FEBRUARY 26, 

NAYS-Messrs . .Albert, .Albright, Begole, Biery, Bra.dley, Buffinton, Bundy, 

Burchard, Burleigh, Burrows, ROderick R. Butler, Cannon, Cason, Cessna, .Amos 

Clark, jr. Clayton, Clements, Stophen A. Cobb, Conger Corwin, Cotton, Crooke, 

Crounse, 'Crutchfield, Darrn.U, Dobbins, Donnan, Duell, bunnell, Eames, Farwell, 

Fort, Foster Freeman, Frye, Garfield Gooch, Gnnckel, Hagans, Eugene Hale, 

RobertS. Hale, Hancock, Harrison, Hathorn, John B. Hawley, Joseph R. Hawley, 

Hays, Gerry W. Hazeltonil, Hersey, E. Rockwood Hoar, George F. Hoar, ~o~kins, 

Houghton, Howe, Hubbe Hunter, Hurlbut, Hyde, Hynes, Kas on, Killinger, 

Lamport Lansin_t?;, Lawrence, Lofland, Loughriuge, Lowe1,Lowndes, Luttrell, Lynch, 

Martin Maynaro., .Alexander S. McDill, James W. McDiu, MacDouuall, McJunkin, 

McKee' McNulta, Mellish', Monroe, Moore, Negley, Nile , Nunn, O''fieill, Orr, Orth, 

Packard, Packer, Pa.~e, Pendleton, Phelps, Pierce, Pike, Thomas C. Platt, Poland, 

Pratt, Rainey, Ransier, Rapier, Ray Rice, Richmond, Ellis H. Roberts, James W. 

Robinson Rusk, Sawyer, Henry B. ~a.yler, John G. Schumaker, H enryJ. Scudder, Isaac W. 'scudder, Sener, Sessiqns, Sheldon,_ Sherwood, Sloss,_ Small, Smart, A. Herr Smith George L.1 Smith, H. Boardman Snnth, John Q. Smith, Sprarne, Stanard, Stark~eather, Stowell, Strait, Strawbridge, Sw;mn, Thomas, Thornf>urgh, Townsend, Tyner, \V'a.ldron, Wallace, Jasper D. \V'ard, Marcus L. Ward, W ells, Wheeler, Whitel~{j ;~ilber, George Willard, Charles G. Williams, John M.S. Williams, William w· . s, ·william B. Williams, Wilshire, James Wilson, Wolfe, Woodford, 

and Woodworth-151. 

NOT VOTING-Messrs. Averill, Bannin$, Barber, Barrera, Barry, Bass, Bright,. Benjamin F. Butler, Cain, Clinton L. Cobb, \Jomingo, Cox, Creamer, Crocker, Curtis, 

Danford, Dawes, Eden, Eldredge, Elliott, Harmer, Benjamin W. Harris, Havens, 

John W. Hazelton, Hendee, Hereford, Hod_e;!ls, Hooper, Kelley, Kellogg, Law on, Lea{)h, Lewis, McCrary, Morey, Morrison, Myers Nesmith, I~aac C. Parker, Par- soll8, Pelliam, James H. Platt, jr.,Potter, Purman,. James C. RoblD8on, Ross, Shanks, 

Sheats, Lazarus··D. Shoemaker, J . .Ambler Smith, Willian! A. Smith, Snyder, Standeford, Stephens, St. John, Storm, Sypher, Tremain, Waddell, Walls, White, 

and J'eremiah ·M. Wilson~2. 

So the amendment was not agreed to. 

Mr. BECK. I move thn.t the bill be ln.id on the tn.ble. 

Th~ quel'tion being put, it _was declared by the Chair, on the vote 

by sound, that the noes had 1t. 

Mr. BECK. I call for the yeas a.nd nays. I wn.nt n. record on this. 

The yeas and nays were ordered. 

The que~tion was taken; n.nd there were-yen.s 59, nays 173, not 

votirig 5~; ~ follows : 

YEAS-Messrs. Adanls, Arthur, Ashe, Atkins, Barnum, Beck, Bell, Berry, Bland, 

Blount; Bowen, Bright, Brown, Buckner, Burchard, Caldwell, .Tohn B. Clark, jr., 

Clymer, Cook, Crittenden, Crossland, Alexander¥. Davis, DeWitt, Durham, Giddiilgs, Glover, H3.ID.ilton, Henry R. Harris, John T. Harris, Hereford, Herndon, 

Holi:nan, Hllllton, Jewett, Killinger, Knapp, Lamar, Ya.::f.e ~\ McLean, Milliken, Mills, Mitchell, Neal, O'Brien, Hosea W. Parker, Perry, Ranuau, Rawls, Read, William R. Roberts, Southard, Speer, Whitehead, Whitehouse, Whitthorne, Willie, 

Wood, John D. Young, and Pierce M. B. Yonng-59. •N' .A Y~Messrs . .Albert, .Albright, Averill Barber, Barrera, Begole, Biery, Bradley, Bromberg, .Buffinton, Bundy, .Burle~h, Burrows, Roderick R. Butler, Cannon, 

Cason, Cessna, .Amos Clark,jr., Freeman \Jlarke, Clayton, Clements,~. Clinton L. Cobb, 

Stephen A. Cobb, Coburn, Comingo, Con,:rer, Cor~ Cott9n, \Jrooke, Crounse, 

Crutchfield, Curtis, Dauforcl, Darrall, Dobbins, Donnan, Duell, Dunnell, Ean1es, Far- well, Field, Fort, Foster, Frye, Garfield, Gooch, Gnnckel, Hagans, Eugene Hale, RobertS. Hale, Hancock, Harrison, Hatcher, Hathorn, Havens, John B. Hawley, 

Joseph R. Hawley, Hendee, HerseY,~ Hoskins, Houghto~1 Howe, Hubbell, Hunter, Hurlbut, Hyde, Hynes, Kasson, :Keuey K elloug, Kendau, Lami on, Lansing, Law- rence, Lawson, Lofland, Loughridge, iowe, .Eowndes, Luttrell, Lvnch, Marshall, 

Martin, Maynard, McCrary, .Alexander S. McDill, James W. McDill, MacDougall, 

McKee, McNulta, Monroe, Moore Negley, Nil.Jlack, Nunn, Orr, Orth, P ackard, Packer, Page, Isaac C. Parker, Pendleton, Phillips, P;ike~ James H. Platt, jr., Thoma 

C. Platt, Pratt, Rainey, Ransier, Ray, Rice, Richmonu, Robbins, Ellis H. Roberts, James W .·Robinson, Rusk, Sawyer, Henry B. Sayler, Milton Sayler, John G. Schumaker, Scofield, Henry .r. Scudder, Isaac W. Scudder, Sener, SeHsions, Shanks, 

Sheats, Sheldon, Sherwood, Sloss, Smn.ll, Smart, A . Herr Smith, George L. Smith, H. 

Boardmrtn Smith, .r . .Ambler Smith, John Q. Smith, Sprague, Stanard, Starkweather, 

Stone, Stowell, Strmt, Strawbridge, Swann, Taylor, Thomas, Thornburgh, Todd, 

Townsend, Tyner1 Vance, Waldron, Wallace, Walls, Jasper D. Ward, Marcus L. 

Ward, Wells, White, Whiteley, Wilber, Charles W. 'Villard, George Willard, 

Charles G. Williams, John M. S. Williams, William Williams, William B. Williams, Wilshire, Ephraim K. Wilson, James Wilson, Wolfe, Woodford, and Woodworth- 173: NOT VO!rlNG-:Messrs. Aroher, Banning, Barry, Ba , Benjamin F. Butler, 

Cain, Cox, Creamer, Crocker, .Tobn J. Davis, Dawes, Eden, Eldredge, Elliott, Free- man, Harmer Benjamin W. Harris, Hays, Gerry W . Hazelton, .Tohn W. Hazelton, 

E. Rockwood Hoar, George F. Hoar, Hodges, Hooper, Lamport, Leach, Lewis Mc- Junkin, Mellish, Merriam1 Morey, Morrison, Myers, Nesnnth, Niles, O'Neill,' Par- sons, Pelhain, Phelps, Pierce, Poland, Potter, Purman, Rapier, James C. Robinson, · Ross, Lazarus D. Shoemaker, William A. Smith, Snyder Standefo:r_:d..l Stephens, St. John, Storm, Sypher, Trema.i.n, Waddell, Wheeler, and Jeremia.ll .JU.. \.Vilson.~8. 

So the House refused to lay the joint resolution on the table. 

Mr. GA.RFIELDJ I n.sk thn.t the joint resolution be changed into a bill. 

There waa no objection. 

The bill (H. R. No. 2201) was ordered to be engrossed and read n. third time ; n.nd being engrossed, it was accordingly read the third 

time, n.nd passed. 

Mr. GA.RFIEL'P moved to reconsider the vote by which the bill was pn.ssed; and also moved thn.t the motion to reconsider be laid on the tabl e. · 

The latter motion was agreed to. 

WESTERN DISTRICT OF ARKANSAS. 

. Mr. SENER. I n.m instr_ucted by the Con'unittee on Expenditures rn the Department of J ustiCe to offer n. preamble and resolution as 

their unanimous conclusion; n.nd. 1 ask unanimous consent for their 

present consideration. · ' 

The-Clerk read as :follows : 

Whe~as th~ House did, on the 16th day of February, direct the Committee on Expenditures m the Department of Justice to inquire mto the expenses, disburse- ments .. al!-d ~eneraJ mn.nagement of tho western district of Arkansas, since its orga.mza.ti~n m 1B71 ;, and wh~reas said committee, in pursuinu its inquiries under the aforesa_~d res?lnt~_on ?f the Rouse, doth require for aid investi"'ation and for a.~ other ~vestiga~on ~t may deem necessary, under the rules of the House proVIding for ~~ orgamzation, additional powers and facilities to tho e n.lready con- ferr~ upon tt: Therefore, ' 

Be 'l.t resol~, .That the said committ.ee have authority to send for p ersons aufl pa:~,>ers, to administer oPtths, a.nd to employ a clerk and stenographer for such p~:I"iotl as It may deem proper. ~ 

l\Ir. G4RFIELD. I would like to hear some statements from the 

gentleman from 'Virginia. [l\Ir. SE...~R] in regard to the necessits for 

this resolution; and until then I reserve the tight to object. I" n.nt 

to know if it means sending to Arkansas and making a large expenditure 1 That~ t.he only object I have in making the inquiry. · 

l\Ir. SENER. The committee of this House charged with this duty 

have made the fullest investigation that has been in their power at 

this point. They hn.ve been f:wilitated in this investigati.9n by the 

Attorney-General, and l>y the proper accounting officers of th~ Treasury. .In the course of our inve tign.tion we found a report made to 

theAttorney-Genemll>yn. detectivewhomhesent to .Arkansas, wliich 

shows, in the unanimous judgment of the Committee on Expop.ditUre 

in the Department of Justice, to sn.y the least of it n.t this point, gross 

irregularities, if not gross frn.ud.. · 

The committee, responding to the duty which was imposed upon it 

by the HouseJ feels that this ex parte investigation, ordered by the 

proper head of this Department, should be thoroughly investigated 

by a committee of this House, cr the end that if the western 44;trict 

of Arkansas rests under improper censure, the censure may be removed; 

and if, on the contraryt it has been guilty of fraud or mismanagement, 

that it shall be brought to the attention of the House an9. of the 

country. 

.:Mr. MAYNARD. The resolution employs the words, "any other 

investigation it may deem neces ary under the rules of the House." 

I suggest whether this is not rather broad. I think the resolution 

should go to the Committee on Accounts, and let them, pass on it, 

n.fter which we can act more satisfactorily. _ 

:Mr. SENER.· I do not see what the Committee on Accounts can know about an investigation which 'we are called upon to make under 

the rules of the House. 

:Mr. GARFIELD. I ask the gentleman to consent to have the reso- lution printed, and allow it to lie over. I object to its being adopted now. 

Mr. SENER. What will be its condition if it ~oes overT 

The SPEAKER. The gentleman can ask unanunous consent for its 

considern.tion on .any other day, just as he has done now. The preamble andre olution were ordered to be printed. 

WILLIAM B. THOl\IAS. 

Mr. E. H. ROBERTS, by unn.nimous consent, from the Committee on Ways and Means, reported n. bill (H. R. No. 2202) for the relief of 

Willin.m B. Thomas, late collector of customs n.t the port of Philadel- phia.; which was read a :fin;t and econd time, referred to the Committee of the Whole on the state of the Union, n.nd ordered to be printed. 

DISTRIBUTIO~ OF PUBLIC DOCVME~TS, ETC. 

The SPEAKER. The House resumes the conside.rn.tion of the bill 

(H. R. No. 825) to provide for the distribution of public documents 

printed by the authority of Congress,· and of seeds furnished by the 

Agricultural Department, for the free e4change of nt)wspn.pers. between publishers, an.d for the free transmission of weekly newspn.-

per by mail within the county where published. When the House 

took n. recess yesterday the previous que~;tion had been seconded and 

the main question ordered; and the gentleman from Pennsylvania. 

[:Mr. PACKER] had moved to reconsider the vote by which the main 

question was ordered, and that ~he motion to reconsider be laid on the table. 

1\!r. E. H. ROBERTS. I move that the bill and amendments be laid on the table. 

Mr. PACKER. I withdraw the motion to reconsider. I believe I am entitled to an hour to close the debate on this bill. The SPEAKER. The gentleman has that right, the motion of the 

gentlemen from New York [Mr. E . H. ROBERTS) notwithstanding. l\Ir. PACKER. I yield ten minutes of my time to the gentlemn.n 

from Ohio, [Mr. DANFORD,] my colleague on the committee. 

Mr. DANFORD. I rise, 1\!r. Spen.ker, for the purpose of supporting 

the bill reported by t4e Committee on the Post-O.ffice and Post-Roads. In doing so I desire to call the attention of the House to two proposi- ti~ . 

The first is, thn.t we are engaged yen.r n.fter year in making extensive surveys of our Western Stn.tes n.nd Territories; and we n.rc also 

engaged in making surveys of our con.sts. We ~e ~~nding from one hundred and twenty to one hundred and fifty thousand dollars 

annually in keeping up an Agricultural Departmennt or Bureau. We are expending large sums of money in gathering together information for the people in reference to our country, and in relation to 

the productions of other countries. We are do in~ all ~his at a laxge 

expenditure of money. 1\fy proposition is, thn.t if we continue our Agricultural Bureau, if we continue these surveys, if we continue 

gathering informn.tion for the people, w_e should provide some means 

for giving 'them the information thus gathered. 

I have listened to the debate upon this bill for a week, and I hav 

heard no member, rising in his place on this floor, advocate_ the proposition tbn.t members of Congress out oi their present salaiJT should pay for 

distxibuting these documents to the people which have been published by oruer of the House. Then why are we gathering this information 

together Why are we ordering these documents to be printed frQ.ID 

time to tjme Gentlemen tn.lk. about economy. Sir, it is no .measure 

of economy to deny the sending of these documents through the mails. 

But gentlemen tell us that if this bill is passed we will print this infonun.tion that we are gn.thering together. ·At the beginning of this 

session there was a resolution introduced into this House t o print, I 
1874. CONGRESSIONAL RECORD~ 1813 

believe two hundred and fifty thousn,nd copies of the Agricultural 

Report 1for 1872. Where were our economists then¥ The yeas and 

nays were not cn,lled, and the resolution pas ed this House with 

scn,rcely a dissenting voice. Now for what pur_Pose do we p~opose to 

print these two hundred n,nd fifty thousand copies of the Agncul turn. I 

Report 'I Certn,inly for distribution among the people. And how do we prop9se to distribute them 'I Gentlemen who talk upon t.his floor 

about economy direct their argument toward the Pri.'lting Dmcn.u, 

town,rd thn,t establishment that has grown into such immense propor- tions in the ln,st few years. Is it their purpose to destroy the Printing 

Burea.u 'I Sir, the footsteps of the farmers in t.he West are even now approaching the national capital, and we may soon hear them sounu- ing along the avenues a.nd streets of this city, and upon the steps 

of the national Capitol. But are they coming here to destroy your 

Printing Bureau and to scn,tter the types upon the face of the earth V 

Are they coming here to plow up the grounds about your Agricultural Department building, and to destroy Father W n,tts's beautiful 

:flower-garden 'I They are coming here with no such purpose and no 

such intent. 

It is not, then, the purpose of gentlemen to destroy the Agricultural 

Bureau, or to cen,se printing to some extent all these documents. My 

proposition is that, after having oruered the printing of these documents, members of Congress should have t he same right to circulate 

them among the people that the heads of Departments have. Year by 

year we give, by appropriations, thousands and hundreds of thousands 

of dolln,rs to the Departments of this Government that they may com- municate with the people. And yet it is proposed we shall deny 

to ourselves the riuht to distribute the very information which we have ordered to be0

printed. Are members of Congress to be regarded as culprits Y What have we done that we should be denied the same privile~e that we accord to others Y For what purpose shall we deny 

tills pnvilege to members of Congress Y If we gather together this 

information for the people, if we order it printed, then we should have 

the same right to distribute it that heads of Depn.rtments have. 

Another proposition contained in this bill is the free circulation of 

country newspapers within the counties in which ~hey are published. There is opposition to this portion of the bill principally by gentle- men representing metropolitan constituencies. Let me say here that 

it is but a small equivalent to the farmer, who rides t.hreeorfivemilcs to the post-office, at the corners, of n, Sn,turday afternoon to get his 

nin,il, to receive his country paper free of postage; that is but a small 

equivalent for the system of free delivery thn,t we have established 

in cities of twenty thousand inhabitants. We not only furnish to 

those cities marble post-offices, but we furnish them a free delivery. 

And I repeat that I cannot afford to vote against this bill with the 

proposition it contains to distribute country newspapers free of post- age within the counties in which they are printed, for I believe thn.t 

it is but a sma.ll compensation for the free-delivery system of the 

cities. 

Taking this bill together, I can see no great wrong that is likely to 

grow out of it. As I understand, gentlemen are not opposing this 

bill because of its merits or its demerits, but because, forsooth, it may 

be followed by legislation which will lead to the printing of extravagant numbers of documents. "Sufficient unto e day is the evil 

thereof." Will gentlemen stand upon this floor and order the printing of public documents, two hundred and fifty thousand1 by a single 

resolution, and then get uy here and deny the distribution of these 

documents to their constituents f And if they do, how can they go 

home and explain their votes Y The economy would have been to 

refuse to print the documents. 

It would be a saving, I presume, to destroy your Agriculturn.l 

Bureau; it would be a saving, possibly, to the Government to destroy 

your printing establishment. But we have not taken that direction 

yet in the hist ory of legislation. 

[Here the hammer fell.] 

Several MEMBERS. Go on. 1\fr. PACKER. I yield the gentleman five minutes more. Mr. DANFORD. The people of this country, :Mr. Speaker, are not an ungenerous people. The franking privilege was abused. It wn.s abused in many ways. I have been informed by a gentleman con- nected with the Post-Office Department of this city that .the sale of 

postage-stamps fo"r letter postage in this city of one hundred and 

twenty thousand inhn,bitn,nts was, prior to the abolition of the franking privilege, less than in many cities of this country of fifteen thou- sand inhabitants. The people did complain of the abuses of the 

franking privilege, a privilege that a gbnerous people hacl accorded to 

their servants. But, Mr. Speaker, this bill does not n.llow members of 

Congress to frank their own private correspondence; and it will not 

permit an army to quarter itself in either wing of the Capitol at the 

approaching presidential election and send out documents to the coun- try by the thousand and million. No privilege of this kind or chamc- ter is granted by this bill. It merely giw to a member of Congress 

the same right that we accord to the heads of Departments, to send 

to our constituents such information as is gathered for the benefit of 

the people, and printed by the resolutions or orders of Congress. Why 

I repeat, should we not have the same right to distribute this infor-· mation that we a-ccord to others Y 

[Here the hammer fell.] 

Mr. PACKER. I yield five minutes to the gentleman from West 

Virginia., [Mr. HEREFORD.] 

Mr. HEREFORD. 1'1Ir. Speaker, I am in favor of the free distribution of newspapers within the counties in which they are published . I am in favor of free exchanges between the various newspapers of t~e country. I am in fa.vor of the free distribution of all the pnblie 

documents oruered to be printed by Congress, ::md also the seeds a.hd 

plants which are procured or raised by the Agricultural Department 

for distribution. Hence I am for this bill; and in supporting it I 

only follow, as I believe, the sentiment of the people of my State. I 

send to the desk to be read 1·he proceedings of a meeting of the West 

Virginia Pmss Association, held at Cwk burgh, September 19, 1873. 

The Clerk read as follows: 

Ron. ~"K HEREFORD, .M. a. : 

At a meeting of the West Virginia Press Association, held at Chu:ksburgh, Sep- tember 19, 1873, tho following resolutions were adopted : "&solved, That, in the opinion of this association, the recent changes in the post<tl laws made by the la.t.e Congress of the United State~. by which the franking privi- lege wa-s abolished, the free exchange of newspapers discontinued, and J.>OStaue ~pose(~ upon the circulation of ewspapers in tho counties where published, is an mnovation upon the long-established usage of the Government, calculated to impede the dis ellliruttion of intelligence among '"he people; and, being detrimenW to their best interests, should be r epealed, and the franking privilege restored, under 

such restrictions as may be necessary to prevent its abuse. 

"Resolved, That the secretary of tills association be instructed to forward a copy of this resolution to each of our Representatives in Congress, and that they be r e- quested to use their influence to secure the legislation necessary to effect the object 

named." · C. M. SHINN, Secretary. 

Mr. HEREFORD. I do not believe, Mr. Speaker, that the people ever demanded an entire repeal of the frrulli:ing privilege. What the 

people and the press complained of was the abuses that almo t neces- sarily attended it. This bill provides, as far as any bill can provide, 

against such abuses. We were told by the Postmaster-General, when 

he asked for the repeal of the franking privilege, that it would in- crease the receipts of the Post-Office Department; but what do we find, sir, in his last report to Congress, dated November 14, 1873 Y I 

send that document to the Clerk's desk,_and ask that a portion be 

read. 

The Clerk read as follows : POST-OFFICE DEPARTMENT, 

Wa-shington, D. a., November 14, 1873. 

Sm: The ordinary r evenues of this Department for the fiscal year ended June 30, 1873, were $22,996,741.57, and the expenditures of all kindd $29 084,945.67. For the ye:?.r ended June 30, 1872, the ordinary revenue were $21,915,426.37, and the 

expend.Itures $26,658,192.31. . . The estimated expenditures for the year ending June 30, 1875, 3J.'e .. $33,929,912 00 

The ordinary revenues, estimated at 13 per cent. over 1873 ...... ..... .. .... . . .. ...... .. . .... - -·············$25,908,817 00 

Estimated revenue from money-order business.... . .... 100, 000 00 

Estimated revenue from postal cards . ........ _ .. _..... 1, 034,732 00 .Estimated r venue from pot~t.'l.ge-stamps supplied to De- partments ..... _ . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2, 250, 000 00 

Ma.king the total estimated revenues for 1875 ........... _ .. _ ... 29, 293, 549 00 

Leaving a deficiencyto be appropriatedoutof the general Treasuryof 4, 636,363 00 

Mr. HEREFORD. Thus we see, ~Ir. Speaker, that certainly the 

Postmaster-General was in error when he told this House n,nd the 

country that if the franking privilege should be abolished, the neces- sary expenditures of that Department would be diminished. We see now, according to his own roport, that in 1872 the expenses of his 

Department were, in round numbers, 2G,500,000; in 1873, 29,000,000; 

and in 1875 t.he expenditures, according to his estimate, will n,mount . to 34,000,000. If the ex-penses of that Department go on increasing 

in this ratio, what will they be a few years hence 

So far, then, from the abolition of the franking privilege being a benefit to the country, or effecting a reduction in the expenditures of 

the Post-Office Department, those expenditures have, according to the 

Postmaster-General's own showing, incren.sed to the extent of several 

million dollars. 

Following upon the abolition of the franking privilege, we, in the 

deficiency appropriation bill of March ~~ , 1873, appropriated nearly 

$2,000,000 to pay the postal expenses of the various Departments of 

the Government. I ask the Clerk to read an extract from the act of 

March 3, 1873. 

The Clerk read as follows : 

That the following amounts, or so much thereof a.s may be necessary, 3J.'e hereby 

appropriated for the following-named officers and Departments for purchase of post~e-stantps for use rlurinl! the fiscal year ending June 30, 1874 : For Executive office, $600; for Department of tate, SSJ,OOO, or Post-Office De- partment, $'300,000; for Treasury Department, e504,000; for Tavy Department, 

$38,000; for Interior Department, 220,000; for Agricultural Department, $52,000; 

for Department of Justice, 15,000; for War Department, 15~~000 ; for offices of 

the Clerk of the House of Representatives, the Secretary of tne Senate, and tha 

Sergeant-at-Arms of the House of Representatives, $100 each; makinu, in all, 1,8G5,!JOO. • 

Mr. HEREFORD. Now, Mr. Speaker, in the short time allowed me I cannot dwell upon this matter. I conclurle by saying that being in 

bvor of extending to the people all the rights and privileges that we can, I am in favor of authorizing, for the benefit o.f the people, the 

free distribution of newspapers within the county of their publicu,-

iioll, and the free exchange of newspapers. I am also in favor ·of the 

free distribution of the public documents and seeds provideJ. for clistribu ion by Congress. Hence I necessarily support this bill. In 

behalf of the interests of the people I think it ought to pass. [Her(' the hammer fell.] 

Mr. P A.CKER. I yield now for ten minutes to the gentleman from 

.llinuesr ,ta. 
1814 CONGRESSIONAL RECORD. FEBRUARY 26, 

Mr. DUNNELL. Mr. Speaker, the debate on this subject has been so protracted that it may fail by this time to elicit the interest which 

the bill ought to receive from the Honse. I desire to express, in the 

few minutes which are allowed me, the reasons for my belief that the 

bill ought to receive the indorsement of the House. If I had hesitated, at the opening of this debate how to vote on it, I could not now hesitate; for the issue has been presented by the more prominent 

gentlemen who have spoken on the other side. The gentleman from 

New Jersey, [Mr. PHELPs,] the gentleman from New York, [Mr. E. H. 

RoBERTS,] and, earlier in the debate, the gentleman from Ohio, [Mr. 

GARFIELD,] have made up the issue. It is no free distributio-n, be- cause they desire no printing of public documents. The gentleman 

from New Jersey [l\ir. PHELPS] says, "Let the blows fall thick and 

fast until the Printing Bureau is abolished," until printing is done 

away with. This is the issue. The gentleman from New York [l\ir. E. 

H. ROBERTS] fortifies with his voice the same issue. If we pass this 1 bill, public documents are to be printed, because they are to be distributed; and if we do not pass this bill, then public documents are not to be published. 

Now, Mr. Speaker,Imyself do notunderstand why Congressshould 

step in between the people who ask for these documents, and pursue a line of action which actually deprives them of their publication. 

The people desire the documents. Even the constituents of the 

gentleman from New Jersey [:Mr. PHELPS] desire them. They ask for more than he has'the power to send them. The people pay the bills; 

they pay for the printing of these documents, and they pay the ex- penses of the Post-Office Department and for the postal service. 

They ask for the e documents, a,nd I insist that we are bound to 

furnish them. 

The gentleman from Wisconsin [l\ir. IlAzKLTON] spoke with so much more force and point in his well-prepared argument on this 

subject than I shall be able to do that I regret even to make allusion 

to the points he made. The gentleman from Ohio [:Mr. DANFORD] 

ihis morning has also repeated them. 

We have an Agricultural Department which costs us a quarter of a million dollars each year. They who have spoken on the other side 

say, "Let us not print auy of the reports from this Department; let 

the report of the Commissioner be in manuscript, and lie unprinted 

upon the shelves of his office." They say, practically, "Let our Educational Bureau cease to do its beneficent work; Jet the Educational Report be. unprinted and unbound and unread by the Ameri- can people." · The gentleman from New Jersey [Mr. PHELPS] told u.s about the 

platform of the republican party. There are men upon this floor, Mr. 

Speaker, who knew all about the republican party before the gentle- man carried off his high honors at Yale or elsew-here-men who understand the genius of that party as well as he does, and who believe 

that labor has a place in the republican platform as well as capital. 

Labor! How little we appropriate for labor abatractly-really nothing. Let there be a life-saving station to be provided for anywhere 

on the New Jersey coast or elsewhere, and commerceraiseshervoice, 

and men are forward in defending mea-sures of that kind. Look at 

the small sum appropriated for the Agricultural Department. This 

Congress is largely composed of members of the republican party, 

which declared in the eleventh article of its platform that among the 

questions pre sing for attention is that which concerns "the relations 

of capital and labor." During the past year the Bureau of Education, 

by an elaborate correspondence, has been seeking to bring out before 

the country the relations of capital and labor. ~hall we say to the 

country, "Let that report lie unprinted and unread¥" Let the 

gentleman from Ohio [Mr. GARFIELD] bring in an amendment to 

the appropriation bill to 1·epeal, abolish, and overthrow the Agricultural Department, if, perchance, we are to have no reports from 

that Department. I already have one hundred letters on file asking 

for the Agricultural Report, asking for seeds. The men on the frontier have profited by the deductions and the researches of that Department; and these gentlemen who come to the rescue of capital are not the men to tell us what we shall do for protection of labor. 

We have been told that we print a large number of documents. 

Now, there is no State that does not relat.ivf'ly print twice a many 

documents as Congress. The State of Ohio prints relatively many more documents tha,n are printed by order of Congress. Other States 

in the Union print relatively twice the number we print here. 

We are also told that the Smithsonian Institution must be closed 

up, and we must know nothing of what these scientific men con- nected therewith are doing; that we cannot have for distribution 

the reports of Professor Hayden. Why, sir, the results of one of 

these exploring expeditions have been worth to the Treasury millions 

of dollars. 

The whole expenditure made necessary by the passage of this bill 

cannot be more than $50,000. When we are a8ked to vote a few dollars, 

comparatively, to the interest of labor, and to give some privilege 

to the weekly county newspapers of the country, there are men here 

repre enting the capital, the metropolitan press of the land, who at once object. They talk of economy, and talk long and loud. 

[Here the hammer fell.] 

Mr. DUNNELL. I would like just a moment more. Several MEMBERS. Go on. Mr. PACKER. I yield three minutes more to the gentleman. 

Mr. DUNNELL. It is said, Mr. Speaker, that this is a revival of 

the franking privilege. There is not one sinsle element in this bill 

that is akin to the old franking privilege. It 1s nothing like it in its 

character or its aims. The old franking privilege gave me the ability 

to frank whatsoever I pleased, and to any extent. My own frank 

under this bill cannot pass a single document. I would' not vote to 

revive the franking privilege; I voted for its abolition. This bill 

gives me no personal privilege; it only provides that I may be an agent, acting with an officer of this Honse, t() send to my constituents 

books and seeds printed and purcha-sed by the Government for the 

people for t.heir information and profit. 

Representing, as I do, a constituency almost wholly agriculturist , I insist that the parties thus calling for this information ought to have a voice here . .I raise my voice for them, whether they be called at 

home grangers or anything else. Whether they be this or that, what- ever may be their organization, they are tillers of the soil, they are laborers, they are producers of national wealth; and the agricultural 

interests of this country far surpass those of any other department 

of industry. And I contend, l\ir. Speaker, that this small gratuity 

ought not to be denied to this large interest of the country. 

[Here the hammer fell.] 

MESSAGE FROM THE SENATE. 

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

informed the House that the l::Senate had pa-ssed without amendment 

bills of the House of the following title~: 

A bill (H. R. No.1759) for the relief of HenryS. Welles; 

A bill (H. R. No. 2076) to authorize the Secretary of the Treasury 

to discontinue the use of the cutter Relief as a revenue-cutter, and to use said vessel for a boarding-station in Mobile Bay; 

A bill (H. R. No. 1920) to amend the fifteenth section of the act 

approved June 8, 1872, entitled "An act to revise, consolidate, and 

amend t.he statutes relating to the Post-Office Department ; " and 

A bill (H. R. No. 1365) to grant an American registry to the Canar 

dian schooner George Warren. 

TRANSMISSION OF PUBLIC DOCUMENTS, ETC. 

The Honse resumed the coru;ideration of the bill (H. R. No. 8'25) in 

relation to the distribution of public documents, &c. 

l\fr. PACKER. I yield ten minutes of my time to the gentleman 

from Michio-an, [Mr. Co~GER.] 

Mr. CONGER. For several years the rural press of the country 

have had the privilege of circulating within the countie where the 

different papers were published those papers free in the mails. It was not a part of the franking privilege. It was by act of Congress, 

authorizing weekly papers to be carried to subscribers in the mails 

free, independent of any franking privilege whatever; and these papers and other publications were permitted to receive their exchange 

free. 

In the common judgment of the country this was proper and right. 

Considering the short distance for which they were carried, and 

the necessity of communicating to the people in the rural districts the 

general intelligence which they might receive from their newspapers 

and from other papers, it was right that the law shou1d be passed. 

Gentlemen will remember that there ha never been, for the last five 

years, a se sion of Congress but some one has introduced a bill to 

repeal that privilege. · And on each successive occa ion I have had 

the honor, in common with many other members, of opposing the 

repeal of that law and securing to the rural newspapers their free 

transmission to the subscribers for their papers and the free reception 

of their exchanges. But in the hurry and the confusion and the ex- citement of the last Congress, in its last session, and in the last hours 

of it, that privilege, of which no one complained, the propriety of 

which all admi1ted, was swept away, uncared for and unthou~ht of by 

members of Congr~s-it is said out of spite. I speak not of It in that 

way ; I say in the hurry and confusion. 

Now, I desire to call the attJSntion of every member of this Honse 

to the fact which must be within his knowledge, that, almost without exception, every country newspaper in the United States has 

dem::mded the restoration of that privilege, while the daily papers in our larse cities were generally opposed to its restoration. The i suo to-day Is between the large papers, that circulate all over the United 

States, and are sent for the same postage as the weekly paper within 

their own counties-the contest is to-day between the great mam- moth dailies and the weekly papers of the rural districts. I believe, 

sir, that we ought to restore that law. There has been so universal 

a demand for it, not only on the part of the publishers of papers, but on the part of all the subscribers to those papers, that we cannot well 

resist it. The publishers' a sociations in several of the States-ancl 

I speak more particularly of the late meeting of the Publishers' Association in the State of :Michigan-have pas ed resolutions, after care- ful discus ion, requiring the restoration of that privilege. I ha.d the 

honor to introduce in the early days of this session, on the 15th day 

of December, a bill granting the restoration of that privilege. I send 

it-to the Clerk's desk, and ask that it may be read. 

The Clerk read as follow : 

A bill to provide for the free delivery of newspaper exchanges and newspapers within the county where published. 

Be it enacted, &:c., That all newspaper exchanges, and all newspapers sent to sub- scribers within the county where the same may be printed shall be sent by mail and delivered free of postage thereon to the persons entitled to the same, any law to the contrary notwithstanrunu. SEc. 2. That this act shall u&e effect and be in force from and after its passage. 
1874. CONGRESSIONAL RECORD. 1815 

Mr. CONGER. Now, Mr. Speaker, that bill embodies my view of the 

matter generally in regard to that branch of the subject. I wish the 

committee had reported a bill similar to that, or similar to the last portion of their bill·now before the House, indepemleut of any other con- sideration. I have no doubt tkat it would have pas ed this House by an overwhelming majority. They saw fit, however, to couple it with 

other provisions, which I regret, because I would desire that the voice 

of the House should be expressed upon this alone. But whether the 

bill before us be adopted or defeated, I have no doubt that such a bill a-s that, if presented to this House by itself, will pa s. Therefore 

I leave that portion of the subject. 

Now, in regard to the distribution of public documents provided 

for by this bill. It is a strange theory which men advocate on this 

floor; intelligent men, men who are loud in glorifying themselves for 

their devotion to the people and to the wants and the interests of 

the people; men who tremble like an aspen-leaf at the voice of the 

grangers as it comes ringing around their ears; it is strange that such men will rise in their places here and oppose the distribution to the 

people of the reports of the different Departments of the Government, of the acts of Congre , and the debates and proceedings of the 

two Houses. 

Why, sir, do gentlemen think the people of this country are fools 1 

Do they think that the grangers who speak to them with a voice 

of thunder cannot tell what is bombast and bumcombe, and what 

looks to their true interests T Mr. Speaker, the granrrers formed 

their association, and one of the principal things whi<ili they proclaimed to the world as the object of that association is the promotion of intelligence among themselves, making the farmers intelligent, in order that they may be more efficient and in concert be 

better able to maintain their rights. Do gentlemen believe that they 

will ingra.tiate themselves with the farmers of the country, as the 

gentleman from Iowa [Mr. KAssoN] attempts t o do, by refusing to 

give them this intelligence He classes himself among agriculturists 

because of the sympathy he extends to the old postal mare that 

travels the prairie of Iowa overloaded with mail matter. I tell gentlemen here that the intelligent people of the United States are not 

to be misled by any pretended sympathy with their interests; they are not to be misled by men who think that rolling in clover is protecting agricultural interests. They are not to be IIDSled by the show 

of hay-seed scattered on their flowing locks or dropped upon the bald 

heads of members h ere. The people of the United States are intelligent. The people desire the dissemination of the information which 

the Government procures and publishes; and which they demand 

shall be distributed among them. 

I know well that, as far as my own district is concerned, I have not half 

enough agriculturaJ reports to meet the demands of my constituents. 

I know that they are distributed among the people Qf my district; 

that they are received by them and r ead not only by tho e to whom 

they are sent, but by all of the community. And they are desired in 

greater numbers than I am able to furnish them. 

Gentlemen say that these documents are sent to one here and one there, and that a great many people are left without these documents. 

Sir, if gentlemen will distribute them judiciously, according to the 

number they have, there will be no such complaint. I send to the 

papers of my district, of whatever political character, one each of all 

the documents which this Government furnishes me to distribute. 

I send them alike to republicans and democrats. 

[Here the hammer fell.] 

Mr. CONGER. Mr. Speaker, I ask a few minutes more. :Mr. PACKER. I will yield for a few minutes longer. 

:Mr. CONGER. I want to say this in addition: I send to my con- stituents, irrespective of party, to ench post-office, in each town, its own proper quota of documents for distribution. I have on my list 

four thousand names of my constituents carefully selected ; so that 

when I send four or :five or six Agricultural Reports to a township, 

one goes to this part, another to that, and another to that, with the 

expectation that when read the report shall be pas ed to the next 

neighbor who wants to read it. I hear no complaint that they are not distributed a-s well as they can be. Therefore I shall vote for this 

bill as it is, although I should prefer that the proposition with regard 

to county newspapers might be submitted by itself. This is no res- toration of the frankinrr privilege. It is not for my personal benefit or advantage, but for the intere t and benefit of t.he whole people. It will be a disastrous day for this Republic when those in power 

conceal from the people the record of Government proceedings, and 

attempt to keep them in ignorance of the action or their Representatives. I shall vote against the amendment offered to this bill restoring 

the franking privilege, but shall support the bill in the interests of 

my constituents and of the whole people. 

:Mr. PACKER. I now yield to the gentleman from illinois [:Mr. 

BURCHARD] for five minutes. 

:Mr. BURCHARD. The principal, if not the strongest, argument 

which in my mind has been made against this bill is that it will cost 

something both to print and to distribute these documents. I do not 

suppose there is a gentleman on this floor who would refuse to have 

the documents distributed were it not that it will co t something to 

distribute them. 

So, too, in regard to the distribution of newspapers free of postage1 as provided by this bill. The argument is that it is a discrimination; that it is unfair. Certain gentlemen say they are ready, in 

view of the fact that the eye of the country newspaper is upon them, 

to permit the circulation of county newspapers free to all parts of 

the community, while those who are subscribers for the metropolitan 

papers, weekly or daily, will have to pay postage upon them. Gentlemen h ere a,y that having the eye of the country newspaper upon 

t.bem, and caring nothing for the country postmaster, who bas twice 

to 1lo the work of handling free newspaper matter, twice without 

compensation, they are willing to vote for the section of the bill 

making weekly newspapers free in the county of publication. Sir, 

if they are willing to make this discrimination in favor of the sub- scribers or editors of the country newspapers, then they abandon 

the whole argument. And as I believe there is a large ml!iority here 

ready to vote for "that proposition, and as it has been fu1ly argued 

before the House, I will not longer take up time by speaking upon it. 

But I wish to say a word in regard to the distribution of public 

documents. It has been suggested here (and I desire to enforce the 

point) that if you print these documents at all; inore than that, if 

you keep up these Departments and Bureaus at the enOTmous expense which it requires to maintain them, you ought to send out intelligence of their acts and proceedings-the statistics and other valuable information which they collect. When you expend, aa you did 

last year, $225,000 to sustain the Agricultural Department, to say 

nothing in regard to the cost of printing the report, why should you 

hesitate to distribute through the mails the report of that Department, because it will cost, say, $70,000 annually' It is true, as was · said by the gentleman from Indiana, t:Mr. COBURN,] the Government 

would not save this sum by retaining the present rate of postage on th em, for the reports would be sent fr quently as freight or by expre 

instead of through the mail. 

Some rrentlemen may say, "Let not such documents be printed." Why, 

sir, the Committee on Appropriations in the legislative appropriation 

bill h ave r ecommended appropriations amounting in the aggregate to 

$235,000 for the support of the Agricultural Department for the next 

:fiscal year; and yet gentlemen on this floor talk about not distributing the document which the Government issues as the report of that 

Department. I know that 65,000 of this proposed appropriation is 

for the distribution of seeds. Would gentlemen confine the operations 

of that Department so that it shall be merely a mammoth seed-store 

for the collection of foreign seeds and their distribution throughout 

the United StatesY 

Mr. GARFIELD. Then, there is an appropriation of 52,000 for 

postage of that Department. 

Mr. BURCHARD. Yes, sir; $52,000 is propo ed to be appropriated 

for postage. That brings me directly to the point which I wish to 

suggest to the House. Who is most competent to select the individuals 

to whom the e reports should be sent Does the Commissioner of 

Agriculture know better than the chairman of the Committee on Appropriations, for instance, who are the best farmers in a particular 

locality, and who will most appreciate the Report of the Department 

of Agriculture And if the postage is to be paid, why should it be 

paid by the Commissioner as one of the expenses of his Department, 

rather than have the document is ued by us stamped and directecl 

by the respective members' I do not care particularly whether the name of the member is to be put upon the document. I would vote aa quickly for the bill if that provision were left out; the point is 

immaterial. The principal question is, whether these documents shall 

be sent free through the mails' 

I wish to call attention to the expenditures we are making for other 

bureaus. For geologica] explorations we approprL'tte 120,000, and 

publish only twelve thousand volumes of the repOl't. At that mte 

the co t of each volume would be ten dollars, without estimating the 

cost of printing or the postage to be paid upon it. The expense of 

maintaining the Agricultural Bureau is, in round numbers, 240,000 ; 

and if you print only the usual copies of the Agricultural Report, 

which would furnish members of Congres and Bureau officers copies 

for their own use, without printing any for general circulation among 

the people, the number printed would be sixteen hundred and fifty, 

volumes; which would make the cost at the rate of more than 100 a volume, supplying ourselves and a few favored persons with those 

reports, and the people none. I say, l et us abolish the Agricultural 

Department if it is to be maintained to publish here at the public ex- pense, merely for members of Congress and a few others, books that 

cost $100 apiece, just t o collect the information, if sixteen hundred and 

fifty copies only are printed. I am for upplying the people also with 

the books and documents printed here. I am in favor of both provis- ion~:~ of this bill, and of the whole bill as it stands. 

:Mr. PACKER. I yield five minutes to the gentleman from Maryland, [Mr. O'BRIEN,] who wishes to have read an amendment and 

to make a few remarks upon it. 

Mr. GARFIELD: I hope the gentleman will give us an opportunity to vote for the third section of the bill as a separate proposition, otherwise some of us will have to vote against t.he whole bill. 

Mr. O'BRIEN. I am indebted to the courtesy of my friend from 

Pennsylvania [Mr. PACKER] for the privilege of having an amendment read, which I hope the committee will allow to be voted upon, as I believe it will command the assent of the House. 

The Clerk read.the amendment, a-s follows : In the third section of the bill insert before "county" the words ''city or;" so that the clause will read "within the city or county where the same is published." 

Mr. O'BRIEN. The propriety of this amendment is so obvious that 
1816 CONGRESSIONAL REOORD. FEBRUARY 26; 

it scarcely needs any explanation from me. l\Iany large cities of the 

country are parts of counties; and some cities-for instance, the city 

of New York and the city of Philadelphia-comprise the whole of 

the county in which they lie. Other cities, however, :tre differently 

situated. Other cities-for instance, the city of Saint Louis, as I am informed, and as I know the city of Baltimore-are no part of the 

coU1ities surrounding them. In view of this fact, the justice of this 

amendment is evident; because otherwise, while weekly newspapers 

would, under the bill, be allowed to circulate free in the county of 

their publication, a newspaper published in a city which is no portion 

of a county would have no privilege of free circulation. Hence I 

believe thl§ amendment, if voted upon, would receive the unanimous a sent of tne House. • As to the general provisions of the measure now pending, I will 

say, as I said in the early part of this se sion when that chastening 

and purgative piece of legislation called the "salary bill" was before 

the House, I am in favor of a limited franking privilege, not only for 

the advantage of the people, but for the convenience of members of 

Congress. I am in favor of it because, if the documents published by 

order of Congress are to be circulated for the enlightenment of the 

people, it is the duty of Congress to provide some other means by 

which these documents shall be ent abroad over the country than at 

the expense of members. I am in favor not only of a franking privilege which will enable members to send documents to their different 

districts, far or near, but of a fr~nking privilege which will accord an equal right to the people of the different districts, to the citizens of 

the different States, to communicate with the departments of the 

Government and with their representatives free of expense. 

But, l\Ir. Speaker, why should not the publication of the public 

documents, which requires the expense of many hundred thousand 

dollars, be curtailed, as it is evident from the experience of every 

member that a large percentage of them reach persons who have little appreciation of their varied contents It is nece ary that the 

valuable information they contain should be published, but only in 

the number of books that will furnish the public institutions, libraries, &c., in the different districts of the States. Thns a vast expense 

would be saved, and the Po t -O:ffice Department be left unembarrassed by the distribution of tons of useless and unappreciated literature. There is, Mr. Speaker, a stronger reason against the wholesale 

publication and distribution of public documents than the item .of 

expense. It is one which will cammend itself to the reason and I 

hope approval of the House. I allude to the newspaper pre , including the ma~azines and other journals, which circulate to the farthest 

bounds of civilization and interest and educate the pioneers on our far-west prairies whom public documents would never reach. 

The newspaper is the daily :md hourly medium of intelligence to 

the people, and its columns supply all necessary information on every 

subject interesting to the people, and when supplemented by the journals of agriculture, mechanics, the arts and sciences, affords an allsufficient medium for the people to obtain the information usually 

contained in the Department reports. 

The newspaper, .Mr. Speaker, is the test of our country's greatness. 

Its prosperity is coeval with the advancement and progress of the 

people. Its success is the sure sign of the prosperity of the district 

and the intelligence of the people. Every branch of trade, every department of industry, advances or retrogrades just in proportion to the success or failure of the pre . The forlwles of our people are inseparably blended with the struggle for life of the daily pres , and therefore am I the advocate of the free circulation of the newspapers as provided in the bill before the Honse. . 

Now, Mr .• Speaker, having indicated my objections to the vast ex- penditures required for the publication of the documents, I repeat 

my willingness to vote for a,ny proper measure that will secure the 

free circulation of newspapers and enable the people to communicn.te 

without expense with their representatives and the several Departments of the Government. 

[Here the hammer fell.] 

Mr. RANDALL. Mr. Spen.ker, under ordinary circumstances I 

should not deem it necessary to sa,y a word upon this bill, but content 

myself by expressing my opinion through the agency of my vote. I 

am, however, one of the committee reporting this bill, and therefore 

it is proper I should say a few words. 

I am one of those who in the last Congre s voted to r epeal the 

franking privilege. I did so upon two considerations: first, in view 

of the figures which were presented by the Postmast.er-General showing the apparently enormous cost of the privilege to the Government; a.nu seconilly, on n.ccount of the abuses with which the exercise of 

the privilege was attended. As the Postmaster-General's figures have 

not been verified, therefore I am now entirely relieved in that repect. Second, becau e of the then existin~ abuses of the franking 

privilege. I think we have cut them off ettectively under the provisions of this bill. I would not vote for an unconuitional re-enactment of the franking privilege for fear it might bring back the abuses 

of the past. I do not look upon this bill a any such re-enactment, 

but as a measure which has really for its object the distribution of 

documents published by Congress, be they few or many. .And I believe 

it to be nnjnst to this bill to at·gue, as some members have done, that 

it will involve an enormoUB eX})ense for public printing. The extent 

of the books t& be published still rests with Con~re s. There are public 

documents, Mr. Speaker, whlch it is n.bsolute1y necessary should be 

printed for public information, and when they are printed we must 

have some such provision of law as is contained in this bill for their 

circulation. 

If during the Forty-second Congress each member had been com- pelled to pay for the distribution of documents ordered to be printed, 

then every member would have had, for the two years of that Congress, to pay from his pocket and contribute of his own funds some $1, 00. 

It is a mistake to suppose the people of this country clo not desire 

the e documents and the information they contain. Let me give my own district as an illustration: From the commencement of the last se ion of the last Congress to the 1st of July la t, when the franking 

privilege ceased, I distributed throughout my district about thirtythree hundred documents, for I hn.d been somewhat dilatory in their 

distribution and they had accumulated on my hands. What became of 

the e documents Y I found on inquiry. Of this number only a,uout one hundred were not delivered, mostly because of misdirection; even of 

these, although they did not at once find their place of destination, 

the larger part were eventually delivered by correction of addre to 

the intended parties. In the city of Philadelphia, when public documents are sent through the mails, p:trties to whom they are sent are notified that the documents are awaiting them at the postoffice. And of these thirty-three hundred di tributed by me n.bout 

t.hirty-two hundred of the number were sent on the parties being 

notified, and they then came to the post-office and ~ot the documents 

thelll8elves and took them home. It is, therefore, 1dle to tell me the 

people of this country do not desire these books, for they come to get 

them whenever they have an opportunity to do · so. They do desire 

them, as the fact I have stated shows. There was but :1. single man, 

who came after his book after being notified, who refused to tn.ke it; 

and my judgment is he could not read, or he would not h.'1ve done so. [Laughter.] · Some gentlemen on the other side of the House have said that this 

is a re-enactment of the franking privilege. In my judgment it is not are toration of the franking privilege, as I have already stated. They 

say they are opposed to the restoration of the franking privilege, be- cause by the last republican platform they were pledged to a repeal 

of the franking privilege. I have only to say to those gentlemen that 

I have watched republican platforms very closely since 1860, and there 

is not one which they did not tear down within twelve months after 

its erection. [Laughter.] So gentlemen on the other side need not 

stand on that point, for you ought at least by this time to have got 

nsed to this habit of the republican p:uty. [Renewed laughter.] My 

time is out. 

Mr. PACKER. I now yield for five minutes to my collea,gue from 

Pennsylvania, [Mr. BIERY.] 

:Mr. BIERY. Mr. Speaker, the third section of the bill now under 

consideration contains a proVision which I had the honor to submit 

in a separate bill as early as December 8, 1873. I will send the bill 

to the Clerk's table, and ask to have it read. 

The Clerk read as follows: 

A. bill to amend the act entitled "An act to abolish the franking privileo-e," approved .January 31, 1873, so as to allow the free tra.nsmis ion by mail of news- papers a.nd penodicals, a.nd bills a.nd receipts for the same. 

Be it enacted by the Senate and House of Representatives of the United States of 

America in Congress assembled, Thatsaid act be, and tbesa.me hereby is, so amended 

that the publishers of newspapers a.ncl period.icalB may send toeachotherfrom their 

respective offices of publication, free of po ta.ge, one copy of each publication· that 

thepublishersof weekly newspapers may send to each actual sub criberwithin the 

county where their papers are printed a.nd published one copy thereof free of postage, and may also send to ea{)h actual subscriber herein specified, inclosed in their 

publications, bills a.nd receipts for the same free of postage. 

Mr. BIERY. Now, taking into consideration tho large number of 

documents ordered to be printed by Congress a,t this ses ion, it will 

not only be improper but entirely unjust to every member of this 

Hou e to say they sha,ll be distributed to our constituents who hn.ve 

elected ns to these positions, at our own expense for po~tage. Tho 

Government has no more power to make a, contrn.ct for me than any 

other m:m has the power to make a contract for me. It ca,n no· more bind me, in morals or in law, to send documents at my own expense 

than any other man can. And yet there is not a gentlem:m here but 

is willing to acknowledge thnt if those documents are not forwn.rded 

to the people I will be held responsible at their hands. 

I am aware that a, great many men here pa,y the posta,ge on documents and send them home to their people. I am aware they spend 

their own money in tha,t way; a,nd since the decrea e of salaries, I 

have no doubt many here feel it isasevereta,x on theirpur es. They are not all wealthy men in this House; nor ought they to be. I holtl 

that the poor man in this country ought to have an equal chance in 

the political as in every other department of life with the rich man. 

I maintain that the boy who goe through the thistles and the stones 

of ea,Tly poverty, and cuts his own way upward, ought to have an equal standing everywhere with the man who is born with millions. 

Now we hear it urged as a strong objection tba.t it co ts money to 

send these documents. A. strange mania for what is called economy seems to have gone forth in tnis House. Wh t is economy1 Mr. 

Speaker Y Is economy the boarding of a few dollar of money l Go 

to the men who have risen through poverty to wealth, and askthem 

what economy is. Economy, sir, considered in the ti·ue sen e of the 

word, is the proper disposition of available means; the proper investment of capital; whether yon invest it in such, a. waY' that it brihgs 
1874. CONGRESSIONAL RECORD." 1817 

in more dollars and cents, ·or whether you invest it in a way to 

enli(J'hten. your countrymen, or whether you invest it for charitable 

purposes. True economy, sir, as I have said, is not the hoarding of a few dollars, but is the proper disposition of means. . Now, what are we going to dof Are we going ~o pass an .act to 

abolish the Agricultural Bureau' No. A:e we gorn~ to abolish. t~e 

Smithsonian Institution' No. Are we gorng to abolish the Statistical Bureau' 'No. These Bureaus will go on collecting valuable information and men say here that this information is to lie dormant upon 

the desks of those who have these Bureaus in charge. Is that what we are going to do Y I apprehend not. 

Let us in conjunction with these different Bureaus, forward the 

documen'ts to the people to whom they belong. Let us do that under 

the safeguards that are provided in the bill that ~as been rep~rted by 

the committee, and no man except those who are rnterested will have 

anything to say a(J'ainst it. I would say that if a safeguard could be 

thrown around an ~bsolute frank, making its violation a penal offense, so much the better. But we have no power of that kind, and let us adopt the best safeguard we can. Let us, in addition to the ~tamp 

that is affixed by the Department on the doc~ents, place on It o~ 

own signatures; and let the Government carry to the people what It 

ha-s printed_ for the people. . Sir, it ha-s been argued here that th~ gr~at abuse ~f the franking 

privilege roused the whole country agamst It. How, s~, was the feeling of the country roused up Y Has it not been explamed her~ ~hy 

it was that there were sent in the great bushel-baskets of petiti~ns 

which the gentleman ~om Iowa [Mr. KAssoN] J?laced around h1m 

until he was almost h1dden by them t I wa-s cunous enough to ex- amine some of those petitions. On looking at them I found they had a uniform printed heading. And something more. Why did not the 

great teacher from Iowa tell us that they were printed at the Government's expense on Government paper Why did not the gentle- man tell us that when he undertook to enlighten the class of young 

members of the House, to whom I myself belong-for, of course, I do 

not presume to know anything of what took place in the Forty-second 

Congress because I was not here-why did the gentleman not tell 

the youn~ members of the House that these petitions were franked 

to the pegple and franked back a(J'~ 7 When I get a teacher I wa;nt 

to be taught the foundation of t~gs. I do not want a superfiCial 

education on this floor or anywhere else. When men undertake t.o enlighten us-the young members of the House-l insist that they 

ou(J'ht to enlighten us by telling us the whole truth. 

The SPEAKER. The hour of the gentleman from P ennsylvania 

[Mr. PACKER,] has expired. The first question will be on the motion 

of the gentleman from New York [Mr. E. H. RoBERTS] that the bill 

and amendments be laid on the table. 

Mr. HOLMAN. I ask for the yeas and nays on the motion to lay 

the bill and amendments on the table. The yea-s and nays were ordered. 

The question was taken; and there were-yeas 117, nays 140, not 

voting 33; as follows : 

YEA.S-Messrs. Archer, Atkins, Banning, Barnum, Barrera, Bass, Beck, Bland, 

Blount, Bowen, Bradley, Brombera, Brown, Buffinton, Bundy, Burrows, Cason, 

Ce sna, Amos Clark, jr., John B. Clark, jr., Freeman Clarke1 Clayton, Cleme~ts, Cook Cotton, Crittenden, Crooke, Crossland, Crounse, Curtis, Darrall, Dobbms, Eam~s, Farwell, Fort, Foster, Frye, Garfield, Gooch, Eugene Hale, .John T. Harris, 

Hatcher Hathorn, John B. Hawiey, .Joseph R. Hawley, E. Rockwood Hoar, Hol· man Ka' son Kelloaa Lamison, Lansing, Lawrence, Lawson, Lou&hrid_~e, Lowndes. Luttrell, Lyhch, Mc'arary, JamesW. M'cDill, Ma{)Douga.ll, McNruta, mellish, Mer- riam, Milliken, Mitchell, Monroe, Morrison, Niles, O'Neill, Orth, Pa{)kard, Page, Hosea. W. Parker, Pendleton, Phelps, Pike, Pratt, Rawls, Ellis H. Roberts, WiJJiam 

R. Roberts, James C. Robinson, Ross, Henry B. Sayler, Mil~n Sayler, John G. Schumaker: Scofield, Henry .J. Scudder, Isaac W. Scudder._, Sess10ns, Shanks, Sherwood, Smarl, H. Boardman Smith, John Q. SmithhSta.narn, Starkweather, Tyner, WaJdron, Jasper D. Ward, Ma:rcus L. Ward, W:e s; Wh~e~er, Wl:~.i.t:ehouse, ~tthorne, Wilber, Charles W. Willard, George Willard, W:illia,m W:iJJia,ms, William B. Williams, Willie, .James Wilson, .Jeremiah M. Wilson, Wolfe, Wood. Woodford, 

John D. Young, and Pierce M. B. Youn~-117. 

NAYS-Messrs. Adams, Albert, Albnght, Arthur, Ashe, Averill, Barber, Begole, Bell, Biery Bri<!ht, Buckner, Burchard, Burleiah, Roderick R Butler, Caldwell, 

Cannon, ClY-mer~ Clin~n L. Cobb, Stephen A. qoiib, Coburn, C~mingo, 9ong_er, Corwin, Crntchfield, Danford, A.lexander M. DaVIs, .John .J. DaVIS, DeWitt, lJounan, 

Duell, Dunnell, Durham, Eldredge, Field, Freeman, Giddings, Glover, Gunckel 

Hagans, RobertS. Hale, Hamilton, Hancock, Harmer, Henry:&. Harris, Harri on, Havens, Hays, Gerry W. Hazelton, Hendee, Hereford, Herndon, Hersey, George F. Hoar.,. Houghton, Howe, Hubbell, Hunter, Hunton, Hurlbut, Hyd'e, .Jewett, K elley, 

Kennall, Killinger, Knapp, Lamar, Lampor:t, Lewis, L?fland, Lowe, Magee, ~arshall, Martin, Maynard, Alexander S. McDill, McJunkin, McKee, McLean, Mills, Mooro Myers, Neil.l, Negley, Nesmith, Niblack, Nunn, O'Brien, Orr, Packer, Isaac C. Parker, Pelham, Perry, 'Phillips, .James H. Platt, jr., Thomas C. Platt, Rainey, 

Randall, Ransier, Rapier, Ray, Read, Rice, Richmond, Robbms, .James W . Robin- son, Rusk, Sawyer, Sener, Sheats, Sheldon, Sloss, Small, A. Herr Smith, ?-eorge L. Smith, .J. Ambler Smith, Southard, Speer, Sl:Jrague, Stone, Stowell, Strait, Strawbrid_ge, Swann, Sypher, Tay~ .Thomas, Tnornb~h, Todd, Townsend, Vance, W a.uace, Walls, Whitehead, w niteley, Charles G. w illia.ms, John M. S. Williams, 

Wilshiro, Ephraim K. Wilson, and Woodworth-140. 

NOT VOTING-Messrs. Barry, Berry, Benjamin F. Butle!J._ Cain, Cox, Creamer, 

Crocker, Dawes, Eden, Elliott, Benjamin W. Harris, .J-ohn w. Hazelton, Hodges, 

Hoopor, Hoskins, Hynes, Leach, More:y, Parsons, Pierce, Poland, Potter, Purman, Lazarus D. Shoemaker.~ William A. Smith, Snyder, Standeford, Stephens, St. John, 

Storm, Tremain, Wadnell, and White-33. 

So the motion to lay on the table was not agreed to. 

During the roll-call the following announcements were made : Mr. HOOPER. I desire to state that on this bill I am paired witli 

my colleague, Mr. DAWES. If he were here lie would vote "ay," and 

I would vote "no;" he being opposed to the bill, and I in favor of it. 

1t'Ir. ROBINSON, of llliriois. I desire to etate that my colleague, 

1\!r. EDEN, has been called home on account of sickness in his family. 

If he were here he would vote "ay" on this question. 

After the roll-call was concluded, 

Mr. BUTLER,. of Massachusetts, said : I did not get into the 

House until the roll-call was concluded; and therefore I am not en- titled to vote. 

ENROLLED BILLS SIG~'ED. 

Mr. DARRALL, from the Committee on Enrolled Bills, reported 

that they had examined, and found truly enrolled, a bill of the following title; when the Speaker signed the same: An act (H. R. No. 1759) for the relief of HenryS. Welles. 

?!Ir. PENDLETON, from the same committee, reported 'that they 

had examined, and found truly enrolled, a bill of the following title ; 

when the Speaker signed the same: · 

An act (S. No. 437) to re tore William Kilburn, of San Franc1sco, 

California, to the Navy of the United States as an ·ensign. 

TRANSIDSSION OF DOCUl\:IENTS THROUGH THE ?tlAILS, ETC. 

The House resumed the consideration of the bill providing for the 

transmission of documents, &c., through the mails. 

The SPEAKER. The first question is on the amendment reported 

from the Committee on the Po t-Office and Post-Roa-ds to the second 

section of the bill. 

Mr. HALE, of New York. Is not the first question upon my amend- ment7 

The SPEAKER. The Chair thinks not. The amendment of tb'e 

gentleman from New York [Mr. HALE] is in the nature of a Slibstitrtte 

for the bill. The amendment reported by the committee is for the 

purpose of perfecting the bill. . Mr. POLAND. I think that this bill needs some further amendment than any that are now pending. I therefore move to reconSider 

the vote by which the main question was ordered. 

Mr. PARKER, of Missouri. I move to lay the motion to reconsider on the table. 

Tellers were ordered; and Mr. PARKER, of Missouri, and Mr. Pol.AND were appointed. . 

The House divided; and the tellers reported that thete were-ayes 

126, noes 51. 

Before the result of the vote was announced, 

Mr. TYNER called for the yea-s and nays'. 

The yeas and nays were not ordered. 

So the motion to lay on the table wa:s agreecl to. 

The question recurred upon the amendment reported by the com- mittee to the second section of the bill. , The second section of the bill was as follows : 

SEc. 2. That the Secretary of the Senate and Clerk of the House of Represen't:t- • tives of the United States shall cause to be prepared, for their respective Houses, a spooiaJ stam-p, or stamped envelope or wr:tpper, of such form and design as shall 

be directed and approved by the Postmaster-General, to be used bv the said Secretary and Clerk, or by such assistants a.s may be appointed by either of them, for 

therr respective Houses, only upon such printed matter or . documents, or pack- ages of seeds cuttings, roots, aud scions a-s aforesaid, a.s tho Vice-President, the· Senators, Rep~esentatives, and Delegates in Congress, the Secretary of the Senate 

and Clerk of the House of Representatives, may, by their respective written anto- graph signatures, indorsed upon the wrappers or envelopes thereof, direct to be so sent by mail as is provided in the foregoing section of this act. 

The amendment reported from the committee was to add tO' the 

section the following: 

Pr01Jided, That the Postma te;r-General.maY:, if the we~are of the service. sll.all 

require make rules and regulations delaymg, m whole or m part, the tronsnusSion 

of docu'ments and packages h er einbefore mentioned, for any period not exceeding 

thirty days from the time of delivery for mailing .. 

The question was taken upon the amendment; and upon a division 

there were-ayes 3, noes not counted. 

So the amendment was not agreed to. . , The next que tion was upon the amendment of :Mr. HALE, of New 

York, as moved by Mr. HURLBUT, which was read as follows: 

Strike out all after the enacting clause, and insert the folio win~:

That the act entitled" An act to abolish the franking privilege, 'approved Jan · ary 31, 1873, and aJso the pr?viso to section 3 of the a{)t entitl~d "An act rna~~ 

appropriations fol' the serVJce of the Post-Office Department for the yeat en din~ 

June M 1874," approved March 3, 1873, be, and the same are hereby, repealed; an<1 

from an'd after the passa"'e of this act all acts or parts of acts which were repealed, 

annulled or made of no effect by the said acts and parts of acts hereby r epealed, or either of' them, be, and the same are hereby, revived and continued in full force. 

Mr. HOLMAN. Upon that I call for t.he yeas and nays. The yeas and nays were ordered. 

Mr. GARFIELD. I wish to inquire- of the gentleman from New 

York [ Ir. HALE] if be has any objection to a division of the quest-ion, so that we may have a separate vote upon striking out, and afterwa.rd 

upon inserting f 

1\Ir. RANDALL. Is debate in order f 

The SPEAKER. It is not. Mr. RANDALL. Then I object to debate. · 1\fr. HOLMAN. I withdraw the call for the yeas and nays. 

The SPEAKER. The yeas and nays have already been ordered by 

the House. The only way to get rid of them is to reconsider the vote 

ordering them. 

Mr. HOLMAN. Then I move to reconsider that vote. 

The motion to· reconsider was not agreed to. 

The question was taken upon the amendment of Mr. HALE, of New 

York; and there were-yeas 50, nays 199, not voting 41; as follows: 

YEAS-Messrs. Adams, Albert, Arthur, Averill, Barber, Bell, Benjamin F. But- ler, Roderick R. Butler, Crutchfield, Eldredge, Farwell, Field, Freema-n, Hagans, 
1818 CONGRESSIONAL RECORD. F .EBRUAH.Y 2G, 

Robert S. Hale, Hancock, Harmer, Henry R. Harris, Hays, H erndon, Hersey, Houghton, Howe, Hubbell, Hynes, Kelley, Kendall, Lamar, Lofland, Maynard, McLean, Moore, Negley, James 'H. Platt, jr., Rapier, Rice, Robbins, Sener, Shanks, 

Sheats, Sheldon, Sloss, George L. Smith, Stowell, Strawbridge, Sypher, Vance, Wallace, Walls, and Wilshlr~O. 

NAYS-Messrs. Albright Archer, Atkins, Banning, Barnnm, Barrere, Bass, 

Beck, Biery, Bland, Blount, Bowen, Bradley, Bright, Bromb rg, Brown, Buc.kner, 

Buffinton, Buudy, Burchard, Burleigh, Burrows, Cannon, Cason, Cessna., Amos 

Clark, jr., John B. Clark, jr., Freeman Clarke, Clayton, Clements, Cl.vmer, Ste· phenA.: Cobb, Coburn, Conger, Cook, Corwin, Cotton, Crittenden, Crooke, Crossland, 

Curtis, Danford, Alexander M. Davis, John J. Davis, DeWitt, Dobbins, Donnan, 

Duell, Dunnell, Durham, Eames, Fort, Foster, Frye, Garfield, Giddings, Glover, 

Gooch, Gunckel, Eugene Hale, Hamilton, John T. Harris, Harrison, Hatcher, Hathorn, Havens, John B. Ha.wle_y, Joseph R. Hawley, Gerry 'Y"· Hazelton, Hendee, 

Hereford, E. Rockwood Hoar, GeorgeF.Hoar, Holman, Hoskin, Hunter, Hunton, 

Hurlbut, Hyde, Jewett, Kasson, Kellogg, Killinger, Knapp, Lamison, Lansing, Law- rence, Lawson, Loughl'idge, Lowe, Lowndes, Luttrell, Lynch, Magee, Marshall, 

Martin, McCrary, Alexander S. McDill, James W . .McDill, MacDougall, McKee, 

McNnlta, Mellish, Merriam, Milliken, Mills Mitchell Monroe, Morrison, Myers, Neal, Niblack, Niles, Nnnn, O'Brien, O'Neill, Orr. Orth, Packard, Packer, Page, 

Hosea W. Parker, Isaac C. Parker, Pendleton, Pen-y, Phelps, Phillips, Pierce, Pike, 

Thomas C. Platt, Poland. Pratt, Rainey, Randall, Ran ier. Rawls, Ray, Read. Richmond, Ellis H. Roberts, William R. Roberts, James C. Robinson, James W. Robin- son. Ross, Rusk, Sawyer, Henry B. Sayler, Milton Sayler; John G. Schumaker, 

Scofield, Henry J. Scudder, Isaac W. Scudder, Sessions, Sherwood, Small, Smart, 

A. Hen- Smith, H. Boardman Smith, J. Ambler Smith, John Q. Smith. Southard, 

Speer, Sprague, Stanard, Starkweather, Stone, Strait, Swann, Taylor, Thornburgh, Todd, Townsend, Tyner; Waddell, Waldron, Jasper D. Ward, Marcus L. Ward, 

Wells, Wheeler, Wbitenead, Whitehouse, Whitthorne, Wilber, Charles W. Willard, George Willard, Charles G. Williams, John M.S. Williams, William Williams, 

William B. Williams Willie, Ephraim K. Wilson. Jame Wilson, .Jeremiah M. 

Wilson, Wolfe, Wood, Woodford, Woodworth, John D. Young, and Pierce M. B. Young-199. 

NOT VOTING-Messrs. Ashe Barry, Begole, Berry, Cain, Caldwell, Clinton L. 

Cobb, Comingo, Cox, Creamer, Crocker, Crounse, Darrall, Dawes, Eden, Elliott, 

Ben.jamin W. Harris, John W. Hazelton, Hodges, Hooper, Lamport, Leach, Lewis, 

McJunkin, Morey, Nesmith, Parsons, Pelham, Potter, Pnrman, Lazarus D. Shoemaker, William A. Smi~ Snyder, Standeford, Stephens, St. John, Storm, Thomas, 

Tremain, White, and Whiteley-41. 

So the amendment of Mr. liA.LE, of New York, was not agreed to. 

Mr. SMITH, of Ohio. I move that the bill be laid on the table. 

Mr. GARFIELD. If we cannot have a separate vote on any single 

section, I hope the billtwill be laid on the table. Mr. SENER. If the motion to lay on the table be voted down, Mr. 

Speaker, shall we not then come to a square vote on the passage of 

the bill T 

The SPEAKER. The next question is on ordering the bill to be 

engrossed and read a third time. . Mr. SPEER. What does the House gain by the motion to lay on the tablet Cannot the same thing be gained by a vote on the passage 

of the bill f 

The SPEAKER. The Chair does not think that a parliamentary 

question. 

Mr. SPEER. I a-sk the gentleman from Ohio [:Mr. Sl\nTH]towithdraw his motion, and let us take a direct vote on the bill. Thus we shall have one vote instead of two. 

Mr. SMITH, of Ohio. Very well; I withdraw the motion. 

Mr. McKEE. I ask unanimous consent- · Several members objected. 

Mr. McKEE. I think gentlemen ought to knowwhat they are objecting to. [Laughter.] 

The bill was ordered to be engrossed and read a third time. 

The question being on the passage of the bill, 

Mr. SMITH, of Ohio, Mr. WOODFORD, and others, called for the 

yeas and nays. 

The yeas and nays were ordered. 

The question was taken; and there were-yeas 129, nays 131, not 

voting 30 ; as follows : 

YEAS-Messrs. Adams, Albert, Albright, Arthur, Ashe, Averill, Barber, Begole, Bell, Biery, Bowen, Bri~ht, Buckner, Burchard, Roderick R. Butler, Cald- well, Cannon, John B. Clark Jr., Clymer, Stephen A.. Cobb, Coburn, Comingo, Con. 

g_er, Corwin, Crutchfield, Danford, Alexander M .. Davis, John J . Davis, De Witt, vonnan Duell, Dunnell, Dm·ham, Eldredge, Field, Freeman, Giddinrrs, Glover, 

Gunckei, Haaans, Robert S. Hale, Hamilton, Hancock, Harmer, Henry "R. Harris, 

Harrison, Hatcher, Havens, Hays, Gen-yW. Hazelton, Hereford, Hernil.on, Hersey, Houghton, Howe, Hunter, Hunwn, Hurlbut, Hyne , K endall, Killinger, Knapp, 

Lamar Lamport, Lofland, Lowe, Magee, Marshall, Martin, Maynard, .Alexander S. 

McDill, McJunkin, McLean, Mills, Moore, Myers, Neal, Negley, Nesmith, Niblack, 

Nnnn, O'Brien, On-;.. Packer, Isaac C. Parker, Pelham, Perry, Phillips, James H. 

Platt, jr., Thomas u. Platt, Rainey, Randall, Ransier Rapier, Rawls, Ray, Read, 

Rice, Richmond, Robbins, Jan.tes W. Robinson, Rusk, Sawyer, Sener, Sheat , Sheldon, Sloss, Small, J. Ambler Smith, Southard, Speer, Stowell, Strait, Taylor, Thomas, Thornbur~h, Todd, Townsend, Vance, Wallace, White, Whitehead, 

Whiteley, Charles u-. Williams, John M.S. Williams, Wilshire, Ephraim K. Wil- son, Woodworth, and Pierce M. B. Young-129. 

NAYS-Messrs. Archer, Atkins, Banmng, Barnum, Barrere, Ba s, Beck, Ben-y, Bland, Blount, Bradley, Bromberg, Brown, Bnffinton, Bundy Burleigh, Burrows, 

Benjamin F. Butler, Cason, Cessna, Amos Clark, jr., Freeman Clarke, Clayton, Clements, Cook, Cotton, Crittenden, Crooke, Crossland, Croun e, Curtis, Darrall, Dobbins, Eames, Farwell, Fort, Foster, FryehGarfield, Gooch, Eugene Hale, John 

T. Harris, Hal-horn, John B. Hawley, Josep R. Hawley, Hendee, E. Rockwood 

Hoa.r1 Holman, Hoskins, Hubbell, Hyde, Jewett, Ka on, K elley, Kellogg, Lamison, 

La.nsmg, Lawrence, Lawson, Lowndes, Luttrell, Lynch, McCrary, James W.McDill, 

MacDougall, McKee, MoNulta., Mellish, Merriam, Milliken, Mitchell, Monroe, Morrison, Niles, O'Neill, Orth, Packard, Page, Hosea W. Parker, Pendleton, Phelps, 

Pierce, Pike, Poland, Pratt, Ellis H. Roberts William It. Roberts James C. Robin- son, Ross, Henry B. Sayler, Milton Sayler, John G. Schumaker, Scofield, Henry J. 

Scudder, Isaac W. Scudder, Sessions, Shanks, Sherwood, Smart, A. Herr Smith, 

George L. Smith, H. Boardman Smith, John Q. Smith, Sprague, Stanard, Stark- weather, Stone, Swann S,ypher, Tyner, Waddell, Waldron, Wails, Ward, Jasper D. 

Warcl, Marcus L. Wa.rd, Wells, Wheeler, Whitehouse, Whitthorne, Wilber, Charles 

W. Willard, George Willard, William Williams, William B. Williams, Willie, James 

Wilson, Jeremiah M. Wilson, Wolfe, Wood, Woodford, and John D. Youn_g-131. 

NOT VOTING-Messrs. Barry, Cain, Clinton L. Cobb, Cox, Creamer, Crocker, 

Dawes, Eden, Elliott, Benjamin W. Harris, John W. Hazelton, George F. Hoar, 

Hodges, Hooper, Leach, Lewis, Loughl'idge, Morey, Parsons, Potter, Pnrm.an, 

Lazarus D. Shoemaker,William .A.. Smith, Snyder, Standeford, Stephens, St. John, 

Storm, Strawbridge, and Tremain-30. 

So the House rejected the bill. During the vote, 

Mr. CLYMER stated that his collea!!'Ue, Mr. STORM, who was unavoidably absent in Pennsylvania, wonid, if present, vote for the 

hill as a whole. 

Mr. PIERCE stated that his colleague, Mr. HAruus, who was absent on account of sickness, if present would vote in the negative. 

.Mr. O'BRIEN. Although not satisfied with all the provisions of the 

bill, still I will vote in the affirmative. Mr. WOODFORD. I am requested by my colleague, Mr. TREMAlN, 

who is confined at his home by severe illness, to say if he were here 

he would vote against the bill. 

1\lr. G. F. HOAR. I wish to say, Mr. Speaker, that I was prevented 

from voting by an accident; I am in favor of the bill. 

The vote was then announced as above recorded. 

Mr. BUTLER, of Mas achusetts, and l\Ir. CESSNA. moved to recon~ 

siuer the vote by which the bill was rejected; and also moved to lay 

the motion to reconsider on the table. 

Mr. HAZELTON, of Wisconsin. I demand t he yeas and na-ys. 

The yeas and nays were ordered. 

Mr. CESSNA. In order to save time I will withdraw the motion 

to reconsider. 

Mr. SENER. I renew it. 

The SPEAKER. Did the gentleman vote on the prevailing side' 

Mr. SENER. I did not; but I thought any member could make 

the motion to reconsider and lay upon the table. The SPEAKER. Not unless a member votes on the prevailinO' side 

when there is a call by yeas and nays. The gentleman from l\Ias a- chusett-s [Mr. BUTLER] and the gentleman from Pennsylvania [Mr. 

CESSNA] made the motion to reconsider and lay upon the table almost 

simultaneously. Does the gentleman from Massachusetts also withdraw the motion to reconsider' 

Mr. BUTLER, of Ma sachusetts. I withdraw the motion, and call 

for the regular order of business. l\lr. PLATT, of Virginia. Does it not require unanimous consent, 

after the motion is made, for a member to withdraw it 

The SPEAKER. The Chair knows of no such rule. 

l\lr. BUTLER, of Mas achusetts. I demand the regular order of .business. 

REGULATION OF COMMERCE BY RAILROADS. 

The SPEAKER. The regular order of business has been demanded. 

The House by a uspension of the rules directed that on February 25, 

at the hour of half-past one, and on each and every day thereafter 

until disposed of, it would proceed to the consideration of a bill (H. 

R. No. 1~5) to regulate commeroe by railroads among the several 

States, reported from the Committee on Railways and Canals; and the 

Chair recognizes the gentleman from Iowa, [Mr. McCRARY.] 

Mr. RANDALL. I hope we will now take a recess. Mr. GARFIELD. If the gentleman should go on without being 

antagonized by appropriation bills, would the Appropriation Committee lose any of its right on any other day¥ 

The SPEAKER. Not at all. That would not affect it in any way. The gentleman from Iowa [Mr. McCRARY] has charge of the bill re- ported from the Committee on Railways and Canals. The Hou e directed it should be con itlered on the 25th of February and on each 

succeeding day, at the hour of half-past one o'clock, to the exclu ion 

of all other orders except appropriation bills. - Mr. MA..YN.ARD. Would not a motion to go into the Committee of 

the Whole on the state of the Union be in order f 

The SPEAKER. It would not on any other than appropriation 

bills, because the order of the House making this the special order 

suspended that right. 

Mr. McCRARY. The committee have made some slight amendments 

in the text of the bill, ancl have instructed me to report an additional 

section. If the House prefers, instead of having the Clerk read the 

amendments, I will move that they be printed in the REcoRD, se they 

will be before the members to-morrow morning. 

The SPEAKER. The bill, as amended, can be printed as a document 

by to-morrow's se sion. 

Mr. McCRARY. Then I make that motion. 

The motion wa agreed to. 

The SPEAKER. The Chair gives notice that to-morrow, although 

this pecial order runs from day to day, yet, in accordance with the 

usage, he will recognize the motion to go into Committee of the Whole 

Hou eon the Private Calendar, to-morrow being private-bill day. If 

the House then negatives that motion, this bill will come up as the 

special order and hold it place. 

l\lr. McCRARY. Before I yield to anybody I wish to enter a motion 

to recommit the bill. 

SURVEY OF PALESTINE. 

Mr. GUNCKEL, by unanimous con ent, introduced a joint resolution (H. R. No. 63) for the survey and exploration of Palestine on the 

east side of Jordan ; which was read a first and second time. and 

referred to the Committee on Military .A.fi:'airs. · 

PAY OF SCHOOL TEACHERS. 

Mr. G. F. HOAR. I a k unanimous consent to offer the following 

resolution: 

ResoLved, That the Committee on the District of Columbia be directed to report 
1874. CONGRESSIONAL RECORD. 1819 

forthwith a. bill which shall compel the payment of the wages to the school teach- ers of the said District, who are now, as is alleged, many months in arrears. 

Mr. HALE, of New York. I object, unless it is introduced for refer- ence to the Committee on the District of Columbia. 

Mr; G. F. HOAR. I desire to say that this is a measure for remov- ing the sc:mdal of leaving unpaid, for many months, women dependent on their wages a school teachers, in the capital of this country. 

It is a scandal to the entire nation; and this merely orders that the 

committee shall bring in a bill to remedy that. 

The SPEAKER. The chairman of the Committee on the District 

of Columbia objects to the consideration of the resolution now, and 

sng<Tests its reference to his committee. ifr. G. F. HOAR. I give notice that on Monday I will offer the 

resolution under a suspension of the rules. 

Mr. POLAND. I move that the Honse take a recess until half-past seven o'clock this evening. 

The motion wa.s agreed to; and accordingly (at four o'clock and 

thirty minutes p. m.) the Honse took a recess until half-past seven o'clock p.m. 

EVENING SESSION. 

The House rea.ssembled n.t half-past seven o'clock p. m., Mr. G. F. 

HoAR in the chair n.s Speaker pro tem.po're. 

REVISION OF THE STATUTES. 

The SPEAKER p1·o temp01·e. The House meets this evening to re- sume the consideration of the bill reported from the Committee on Revision of the Laws of the Uirited States. It is entitled "A bill (H. 

R. No. 1215) to revise and consolidate the stn.tutes of the United 

States in force on the 1st day of December, A. D. 1873." 

Mr. POLAND. My collen.gue, the gentleman from Ohio, [Mr. LAwRENCE,] has some amendments to oft'er. 1\Ir. LAWRENCE. The first amendment I have to offer is to section 

1135, pn.ge 262. 

The section was n.s follows : 

SEC. 1135. The Quartermaster's Department of the Army shall consist of one Quarterma ter-General, with the rank of brigadier-general; five assistant quarter- masters-general, with the rank of colonel of cavali:v; ten deputy quarterma-sters- general, with the rank of lieutenant-colonel of cavalry ; fourteen quarterma-st ers, with the rank of major of cavalry; thirty assistant quartermasters, with the rank 

of captain of cavalry; and such number of military store· keepers, not exceeding 

nine, as may be required, with the rank of captain of cavalry. 

1\Ir. LAWRENCE. I offer the following amendment : 

Add to the end of the section the words "nothing herein shall deprive of his office any person now holding the office of quartermaster with the rank of major. ,. 

In explanation of that amendment I will n.sk the Clerk to ren.d the 

statute which I will send to the desk. It is the n.ct of June 3, 1872, 

"to authorize the appointment of certn.in officers in the Qun.rtermn.ster's Department." It is n. little unusual in its form of expression, 

and I desire to hn.ve it read for the instruction of the House. 

The Clerk ren.d as follows: · 

Be it enacted, ~c., That the President be, and hereby is, authorized to nominate, and by and with the advice and consent of the Senate to appoint, certain officers of 

the Quartermaster's Department to the grade they would have held in said depart- ment, respectively, had the vacancies created therein by the act of July 28, 1866, from the rank of major to the rank of colonel, both inclusive, been filled by promotion by seniority: Provided, That no officer shall be deprived of his relative rank or reduced from his present grade by this act, and that the officers whose appoint- ments are herein authorized shall take rank and receive pay only from the date of 

their confirmation. 

Mr. LAWRENCE. It never occurred to the COIDffilSSIOners who 

revised the statutes, or to M:r. Durant, thn.t that meant that the President should appoint two quartermn.sters with the mnk of major. I never could have supposed so from the ln.nguage myself, not being 

skilled in that kind of legal literature. But I inquired n.t the depn.rtment. of those who know whn.t it me:ms,and the committee hn.ve 

been able to n.scertain that it provided for a temporary appointment 

of two quartermn.sters with the rank of major. The committee hn.ve 

directed me, therefore, to report this amendment. The amendment, as I have said, is founded on the act of June 3, 1872, which has been 

ren.d; but the committee are of the opinion that+.his act was not designed to make a permanent increa-se of the number of qun.rtermasters. It did not permn.nently change the act of 1866, which will be 

found in 14 Statutes at Large, page 334, section 13. The following 

letter :Q:om the Quartermn.ster-General will further explain this mn.tter: 1 

WAR DEPARTMENT, QUARTEIUIASTER-GENERAL'S OFFICE, 

Washington, D. 0., February 9, 1874. 

Sm: I observe in the debate of the House of Representatives on the Revised 

Statutes, (page 40 CONGRESSIONAL RECORD of February 5, 1874,) that you introduced an amendment to section 1135 whereby the number of officers in the Quartermaster's Department is fixed as follows: 

One Quartermaster-General, with rank of brigadier-general; six assistant quar- termasters-general, with rank of colonel; ten deputy quartermasters-general, wi.tb 

rankof lieutenant-colonel; twelvequartermasters, with rank of major; thirtY. assist- ant quarterlll3oSters, with rank of capt.'\in; sixteen military store-keepers, With rank 

of captain. 

The e are the numbers fixed by section 13 of the act of Congress approved July 

28, 1866, (14 Statutes, 334, section 13,) and it is presumed that the amendment was made for the purpose of making the Revised Statutes agree with that act. But by the a{)t of June 3, 1872, the number of qua.rtocmasters wi.th rank of major was increased to fourteen, which number is now in the service a.nd borne on the Army Register, (volume 17, page 214.) 

It is suggested that the amendment be so modified as not to l~slate out of the 

service the two majors who were added to the list by the act of J nne 3, 1872. 

Very respectfully, your obedient servant, 

M . C. MEIGS, 

Quarterrr>,aster-General; Brevet Major-Genwal U. S. A. 

Hon. WILLIAM LAWRE."\'CE, 

House of Representatives. 

The amendment was agreed to. :Mr. LA. WRENCE. The next amendment is to section 1158, page 265. 

The section wa.s a-s follows : 

SEC. 1158. Each company of engineer soldiers sluill consist of ten sergea.nts, ten corporals, two musicians, and as many privates of the first class, not exceeding sixty-four~ and as many privates of the second class, not exceeding sixty-four, as the 'Presiaent may direct. 

Mr. LAWRENCE. I offer the following amendment : 

Add to the section the following words : "And shall be recruited in the same manner, and with the same limitation, and shall be entitled to the same provis- ions, allowances, and benefits, in every respect, as are allowed to other troops constituting the present military peace establishment." 

· I a-sk that a letter from the Secretary of War relating to this mat- ter be read. 

The Clerk read a-s follows : WAR DEPARTMENT, 

Washington Oity, February 6, 1874. 

Sm: I have noticed in the CONGRESSIONAL RECOUD of February 6, page 19, near the top, the proceedings with reference to the provisions of section 4, of the act of 

May 15, 1846, chapter 21 of the Statutes at Large, (9 Statutes, 12, 13,) which section 

is one of the provisions of the organic act creating the class of troops called engi- neer soldiers. Let me briefly explain the object of this section. 

First. By section 1154, page 265, (Durant's) Revised Statutes, the Battalion of 

Engineers is an integral part of the Corps of Engineers. (Commissioners' Revision, 

volume 1, page 5116, section 57.) 

Secondly. By section 1205, page 270, [Durant's) Revised Statutes, two great divisions of the Army, the line and the staff, are enumerated; the artillery, cavalry, and infantry alone constituting the line. (Commissioners' Revision, volume 1, page 605, section 112.) 

Thirdly. By article 59, page 297,JDurant'sJ Revised Statutes, "if different corps of the Army come together to do uty the officer highest in rank of the line only will command the whole," &c. 

Nowtheeffectofthe three lawsjustquoted would be, if the Battalion of Engineers came in service in conjunction with a squad of infantry, or of cavalry, or of artil- lery, commanded by a second lieutenant, to put this Engineer Battalion, officers, men, and :ill, under the command of this second lieutenant. It could not be avoided. 

The 11.ws would give this second lieutenant the command. 

:Now section 4 of the act of May 15, 1846, chapter 21, (9 Statutes, 12, 13,) was en- acted in the or~anic act creatin ~ these in eer soldiers for the very purpose of 

preventing sucn an event. It gtves to this class of troops certain fundamental 

rights, places them on the same level with, and no higher than, other troops, and is required to preserve proper discipline in the various combinations which arise in 

the service. The part of section3 of the act of May 15, 1846, about the Articles of War, may be omitted, as covered by other provisions; but the portion beginnil;lg " shall be r ecruited in," &c., to the end of the section, should be embraced in the revised statutes, (at the end of section 1158.) 

Very respectfully, your obedient servant, 

WILLIAM W . BELKNAP, Secretary of War. Hon. WILLIAM LA WRIDICE, 

Committee em the Revision of the Laws, House of Representatives. 

Mr. LAWRENCE. From this letter it will be seen that the Secretary of War assumes that the act of May 15, 1846, 9 Statutes at Ln.rge, 

pages 12 and 131 section 4, modifies the original sixty-second Article of 

War, which is found in the act of April10, 1806, 2 Statutes at Ln.rge, 

page 367. This article is put down as article 123, volume 1, of the 

Commissioners' Revision, page 666. I do not wish to be understood as agreeing with the construction which the Secretary of War has put 

upon these statut es, n.nd I understand that the Committee on Revision 

of the Laws do not men.n to stand committed to his construction. But 

the amendment is made merely to incorpomte in the provision the 

words which are found in the existing statute. This leaves the question of their proper construction for the officers whose duty it is to 

carry them into effect. 

The amendment was agreed to. 

Mr. LAWRENCE. The next amendment is to section 120 

The section was as follows: 

SEC. 1208. When any lieutenant of the Corps of Engineers bas served fourteen 

years' continuous service aa lieutenant, he shall be promoted to the rank of captain, on pa-ssing the examination prorided by the preceding section, but such promotion 

shall not authorize an appointment to fill any vacancy, when such appointment would increa e the whole number of officers in the corps beyond the number fixed 

by law; nor shall any officer be promoted before officers of the same grade who rank him in his corps. 

Mr. LAWRENCE. At a former session of the Hou e an amend- ment was made to this section by inserting, after the words "Corps 

of Engineers," in the first line, the words "or of the Ordnance Depn.rtment ." I am instructed now by the committee to ask the tmani- mous consent to withdraw that amendment. The SPEAKER pro ternpore. The Clerk informs the Chair that that 

amenilinent was made to ection 1207. 

Section 1207 was as follows : 

SEc. 1207. No officer of the Corps of Engineers below the rank of field officer shall 

be promoted to a hi~her grade, until he sliall have been examined and approved by a board of three engmeers, senior to him in rtmk. If an engineeroflicer fail on such examination he shall be suspended from promotion for one year, when he shall be 

re-examined before a like board. In case of failure on such re-ex:unination, he shall 

be dismissed from the service. 

Mr. LAWRENCE. The amendment was intended to be made to 

section 1208. I am instructed to ask leave to withdraw it. Section 
1820 CONGRESSIONAL RECORD. FEBRUARY 26, 

1208 is founded on section 9 of 10 Statutes at Large, page 219, and 

sections 3 and 4 of volume 12, page 743, of the Statutes, and is as re- ported by the c<>mmissioners in their revision. They refer to no repeal or modiiiclition. The amendment heretofore made is not cor- rect. The act of March 3, 1869, (15 Statutes, page . 318,) prohibiting new appointments and promotions in the several departments of the 

Army, was repealed, as to engineers, by the act of June 10, 1872, (17 

Statutes, p11ge 382.) But promotions iii the Ordnance Department are not a,uthorlzed. , There was no objection; and the amendment was withdraWn. and 

stricken out. 

Mr. LAWRENCE. The next amendment is to section 1461, pa,ge 313. 

The section wa-s as follows: 

SEc. 1461. Officers on the retired list shall be entitled to promotion as their sev- eral dateS on the active list are promoted. 

Mr. LAWRENCE. I offer the following amendment: 

Add at the end of the section the folloWing words: 

No promotion shall be made to the grade of rear-admiral on the retired list while 

there shall be in that ~ade the full humber allowed by law. There may be allowed 

upon the retired list rune rear-admira.lB and eighteen commodores. 

This amendment is based on the act of 16th January, l857, section 

4, (11 Statutes at Large, page 154,} and the act of 2d March, 1867, 

(chapter 174, section 9, 14 Statutes at Large, page 517.} The provision of the act of 2d March, 1867, limiting the promotion to the 

grade of rear-a,dmiral on t~e retired list to the number allowed by 

the law of 16th July, 1862, (12 Statutes at Large, chapter 183, section 

14, pa~es 585 and 586,) does not appear to be included in either the 

comnussioners' or in Durant's revision. 

The amendment was agreed j.o. 

Mr. LAWRENCE. The next amendment is in secti-on 1903. 

The section was a,s follows : 

Sxc. 1903. All that part of the territory of the United States included within the 

following limits, namely: Commencing at a point in the main chaimel of the Red 

River of the North, where the forty-ninth degree of north latitude crosses the same, thence up the main channel of the same, and along the boundary of the State of 

Minnesota. to Big Stone Lake; thence along the boundary line of the State of 

Minnesota to the -Iowa line; thence along the boundary line of the State of Iowa to the _Point of intersection between the Big Sioux and Jilissouri Rivers; thence up the Mtssouri River, and along the boundary line of the State of Nebraska, to the 

mouth of the Niobrara or Running Water River; thence followillg up the same, in 

the middle of the main channel thereof, to the mouth of the Keha Paha or Turtle Hill River; thence up that river to the forty-third parallel of no.rth latitude· thence 

due west to the present boundary of the Territory of Washington; thenee~ong the 

boundary line of Washington Territory to the forty-ninth degree of north latitude; 

thence east, alon~ the forty-ninth degree of north latitude, to the place of begin- ning, is organizea into a temporary government, by the name of the Territory of 

Dakota. 

Mr. LAWRENCE. The amendment is to strike out, near the close 

of the section, the words "present boundary of the Territory of Washington; thence along the boundary line of ·washington Territory," 

and iL.sert in lieu these words, "twenty-seventh meri(lian of longitude west from Washington; thence due north on that meridian." 

That is the survey, as corrected at the Land Office. 

The amendment was a,greed to. Mr. LAWRENCE. I move to strike out section 1904, as the land 

described in that section is a,ll included in sections 1908 and 1909, in 

relation to Wyoming and Montana Territories. 

The section was :1s follows : 

SEC. 1904. Until Congress otherwise directs, all that part of the Territory of 

Idaho included within the followin~ boundaries, to wit: Commencing at a point formed by the intersection of the thirty-third degree of longitude west from Washington with the forty-first dogree of north latitude; thence along the thirty-third degree of longitude to the crest of the Rocky Mountains ; thence northwara along the crest of the Rocky Mountains to its intersection with the forty-foUrth degree and thirty minutes of north latitude; thence eastward, along the forty-fourth degree thirty minutes north latitude to the thirtv-fourth degree of longitude west from Wasbington; thence northward along the thirty-fourth degree or longitude, to its intersection with the forty-fifth degree north latitude; thenceeastwar<f, along the forty-fifth degree of north latitude, to its intersection with the twenty-seventh 

degree of longitude west from Washington; thence south, along the twentyseventh degree of longitude, west from Washington, to the forty-first degree north 

latitude; tlience west, along the forty-first degree of north latitude, to the place of beginning, is incorpoN.ted temporarily into and made part of the Territory of 

Dakota. 

The motion to strike out wa-s agreed to. 

Mr. LAWRENCE. The next a,mendment is to section 1906. 

The section wa-s a-s follows : 

SEC.1906. Allthatpartoftheterritoryof the United States included within thefollowing limits, to wit: Beginning at a point in the middle channel of the Snake River, where the northern boundary of Oregon intersects the same; then follow down the 

channel of Snake River to a point opposite the mouth of the Kooskooskia or Clear Water :R.iver ; thence due north to the forty-ninth llarallcl of latit ude; thence east, 

along that parallel, to the twenty-seventh degree of longitude west of Washington; thence south, along that degree of longitude, to the northern boundary of Colorado 

Territory; thence west, alonf! thn.t boundary, to the thirty-third degree of longi- tude west of Washington; thence north, along that degree, to the forty-second 

parallel of la.titude; thence west; along tpat parallel, to the eastern boundar:y of 

the State of Oregon ; thence north, nJ.ong that boundary, to the place of bepnnmg, 

is created into a temporary government, by the name of the Territory of Iaaho. 

Mr. LAWRENCE. The amendment is to strike out the words 

"twenty-seventh degree of on~itude west of Washington; then 

south along that degree of long1tude to the northern b01mdary of 

Colorado Territory; thence west, along thn,t boundary, to the tbirtythird degree of longitude' west of Washington; thence north, along 

that degree, to the forty-second parallel of illtitude ;" and insert in 

lieu thereOf these words : "Thirty-ninth degree of longitude west of 

Washington; thence south, along that degree o! longitude, to the 

west of the Bitter Root Monntai'ns ; thence southward, along the 

west of the Bitter Root Moutains, until its interseption with the 

Rocky l\IomitainB; thence southward, along the crest 'of the Rocky 

.Mount:1ins, to th.e thirty-fourth degree of longitude west of Washington; the:ri.ce south, along that degree of longitude, to the fortysecond degree of horth latitllde." 

The SPEA.KERpro tempore. Dciesthegentlemanpro~os~ to usethe 

word "degree" ihsteaq of "paralle1" in re~ation to latitude' 

Mr. LAWRENCE. That .description comes fiom the Land Office, 

and has the.ir approval. I do not hoTd myself responsible for its ac- curacy. The aesctiption of the boundaries of the Territories Will not 

bo found in any .statute. The boundaries have been changed from 

time to titne, and they can be ascertained only by sll.rveys, or by making maps of them, which has been done at the Land Office. I can attention to the letter Of the Commissioner of the General Land Office, 

in which.he ~a,ys these proposed amendments are correct. 

The h itter was a,s 'follows : 

G-ENE'RAL LAi'D OF~CE, DEPARTim~T OF THE ~TRRIOR, •' 

Washington, D. 0 ., FebTtiary 24, 1874. 

Sm: I return herewith penciled amendiiients in the descriptions of certain ter- ritorial boundaries, numbered 1, ,2 flild 1. Upon examination, !find the amendments correct with the exception of the words 'forty-first," on sheet number 2, which should read "forty-second," as amende(} in 

red ink. . 

Very respectfully, 

Hon. W. LAWRENCE, 

House of Representatives. 

WILLIS DRUMMO:ID), 

Commissioner. 

The amendment was a,greed to. 

Mr. LAWRENCE. . I move to amend by striking out section 1908. 

The section was as follows: 

SEc. ~908. All tb::~,t portion of Dakota. Territory lying west of the onil hundred ruld 

eleventh mm;idia.n of longitude, which, by an erroneo?S definitiOf! of .the boundari.e,s 

of that Terrtl;ory by a former act of Congress, remams detached :md distant from 

Dakota propeT some two hundred miles, is hereby attached to the a.djoining Territory of Montana. 

'l'he motion to strike out was agreed to. 

.Mr. LAWRENCE. The next amendment is in section 1907. 

The section was as follows : · 

SEC. 1907_ All that :part of the territdry of the United States mcluded witbin th~ 

following limits, to Wlt: Commencing at a point fo'irmed by fhe intersection of tho 

twenty-seventh degree of longitude west from WashingtQn with the forty-fifth degree of north latitude; thence due west, on the fol'ty:fifth degree of latitude, to a point formed by its intersection with the thirty-fourth degree of longitude west from Washin!!ton; thence due south, along the thirty-fourth degree or longitude, to itR intersection with the forty-fourth clepee and thir:fi¥ minutes of north latitude; 

thence due west, along the forty-fourth negree and thirty minutes of north latitude, to a point formed by its inter action with the crest of the Rocky Mountains; 

therwe following the crest of the Rocky Mountains northward till it~:~ intersection with tJle Bitter Root Mountaiils; t,hence northward, alons; the crest of the 

Bitter Root Mountains, to its iil.te:r:section with the tbirty-ninthaegree of longitude west from Washington; thence along the thirty-ninth aegree of longitude northward to the poundary-line of the British possessions; thence eastward, aloug that 

boundary line, to the twenty-seventh degree of longitude west from Washirigton; thence southward, along the twenty-seventh degree of longitude, to the place of 

beginning, is created into a temporary government by the-name of the Territory of 

Montana. 

.Mr. LAWRENCE. The amendment is to strike out the words "to 

its intersection wit h the forty-fourth degree and thirty minutes of 

north latitude; thence due west, along the forty-fourth degree and 

thirty minutes of north latitude." 

The amendment was agreed to. Mr. LAWRENCE. The next amendment is in section 2083. The section was as fo1lows : 

SEc. 2083_ No person employed in the Office of Indian Affairs shall have any in- terest or concern in any trade with the Indians, efcept for, and on account of, the 

United States; and any person offending herein shall be IL-.ble to a penalty of $5,0bo, 

and shall be removed :hom his office. 

Mr. LAWRENCE. The amendment is to strike out from tlie first 

line the words "the' office of" before "Indian. affairs;'' s · that it Will 

read: "No person employed iil Indian affairs shall have any interest," 

&c. The amendment is based dn the act of 30th of June, 1834, ( 4 

Statutes at Large, page 738, chapter 162, section 14.) :M:r. Durant evidently supposed that that act described certain crimes as applicable 

to Indian affairs here in Washington. In the view of the committee 

the statute was designed to make certain acts p~nai, whenever they were committed by any person in the Indian service of th~ Govmlnment, whether at Washingtorrorelsewhere. Thatistlieobject of the 

amendment. 

The amendment was agreed to. 

:Mr. LAWRENCE. The next amendment is in se-ction 2092. 

The section was as follows : 

SEC. 2092. N 0 annuities, or moneys, OT goods, shall be paid or disfu1buted to Indians 

while they are under the influence of any description' of intoxicating liquor, nor while there are good and sufficient r easons leading the offil;le oraaents, whose duty 

it may be to make such payments or distribution, to believe that iliereis any species 

of intoxicating liquor wtthin convenient r each Qf the Indians, nor lin til the phicfs 

and head-men of the tribe shall have pledged themselves to use all their iniiucnce 

and to make all proper exertions to prevent the :iiltroduction a.iill sale of such li<J.uor in 

their country_ And all executory contra ts made and entered into by any Indian for the payment of money or goods sball be deemed and held to be null and voifl. 

Mr. LAWRENCE. The alllendmeJ:!t is to si!.~e out the words, " and a,ll executory contracts made and entered into by any Indian, for the 

payment of moner or goods, shall be held and deemeO. to be null and 

void." The necessity of that amendment w'ill be seen by reference 

to section 2108. 
1874. CO~GRES~IONAL RECORp. 18~1 

The amendment was agreed to. 

Mr. PEND~ETON. I nave an amendment to propose to section 

3240. ' 

The section was a;s follows : 

SEc. 3240 . .All persons required to ma.ke returns or lists of objects charged with an internal tax, shall declaro therein whether the several rates 3Jld amounts are stt>.ted according to their values in legal-tender currency, or according to thei! val- ues in coined money; and in case of-neglect or refusal so to declare to the satisfaction of the collector r eceiving such returns or list , such officer shall make returns or lists for such persons so neglecting or refusing, as in cases of persons n~~lecting 

or refusing to make the returns or lists required by law. And whenever une rates and amounts contained in the returns or lists are stated in coined money, the collector receiving the same shall reduce t~em to their ~qui-..:alent in legal-tender <?urrency, accordirig to the v::llue of such corned money m srud currency for the time 

covered by such returns. 

Mr. PENDLETON. The amendmeJ;lt is to insert at the end of the 

first sentence, after the words "required by law," these words:" and 

the collector shall assess the tax thereol}, and add thereto the amount 

of penalties imposed by law in case of such neglect or refusal." 

Mr. BECK. Should that be "collector" or "Commissionerf " 

Mr. PENDLETON. We put it "collector," because we thought it 

did not refer in this ca e to "Commissioner." 

Mr. BECK. The notes from the Commissioner's office say "Commis ioner." 

Mr. PENDLETON. I know the notes from the office say "Commis3ioner," but we thought it referred to the "collector." [After con- sulting with :Mr. E. R. HoAR.] I am informed that under the act of 

1872 the Commissioner is now, the only assessing office1·. I therefore 

modify my amendment by inserting "Commissioner" instead of "collector." 

The amendment as modified was agreed to. 

Mr. BECK. The Committee on Ways and Means, believing this to 

be a matter that they should look into, took occasion to appoint a sub-committee, composed of the gentleman from Ohio [Mr. :FosTER] 

and myself, for that purpo e. The gentleman from Vermont, [Mr: POLAND,] as well as ourselves, went to the Commissioner of Internal 

Revenue and had this matter pretty carefully revised. But, as I do 

not want to be unnecessarily interrupting the Committee on Re- vision in this work, I wish to ask the gentlemen having charge of it 

whether, whe,n the various provisions relating to internal revenue shall have been passed o.ver, there wil,l still be an opportunity to go 

back and con-ect any errors that may have been overlooked, such as the one just sugs;ested. 

The SPEAKER pro ternpo1· . The order was made some time ago 

in regard to this entire bill, that any member of the House should be 

entitled at any time to go back and suggest any amendment that he 

might claim bad been overlooked. 

Mr. BECK. Ithinkit will bea~visableto resubmittheworkdone 

here to the officers of the Internal Revenue Department; and hence I desire that there shall be an opportunity to go back for the con-ec- tion of any errors that may be discovered. 

Mr. POLAND. There has been an understanding from the beginning that as long as anybody could point out anything that was an error, there should be an opportunity to go back. 

Mr. PENDLETON. I move to amend section 3243 by striking out 

all after the numb~r of tb~ ~ecti olf, beip.g the following words : The lists of taxes which accrue at other times shall be taken with r eference to the times when they accrue, and shall be call~d monthly 3Jld speci.lJ lists. 

.A.nd inserting in lieu thereof the following: 

The lists or ·returns afore aid shall, wher e not otherwise especially provided for, 

be taken with reference to the day: fixed for that purpose by this title as aforesaid; 3Jld where duties accrue at other and different times the lists shall be taken 

with reference tq the time when said taxes become due, and shall be denominated 

annual, monthly, and special lists and retlll1ll!. 

The amendment was agreed to. 

Mr. PENDLETON. I wish to move an amendment to section 3244. 

The section was as follows : 

SEc. 3244. Whenever it is ascertained that any list which has been or shall be 

delivered to any collector is imperfect or incomplete in consequence of the omission of the name of any person liable to tax, or in consequence of any omission or un- derstatement, or undervaluation, or false or fraudulent statement, contained in any return ma.de by any person liable to tax, the Commissioner of Internal Revenue may, at any time Within fifteen months from the time of the delivery of the list to the collector as aforesaid, enter on any monthly or special list the name of such per- son so omitted, together with the amount of tax for which he may have been or shall 

become liable, 3Jld also the name of any such, person in respect to whose r eturn, as aforesaid, there has been or shall be any omission, undervaluation, understatement, or false or fraudulent sta.tement, together witp the amount for which such person may be liable, above the amount for which be may have been or shall be assessed 

upon any return made ~s :,Uoresaid; and he shall certify and return such list to the 

collector as required by law. .And a.ll provisions of law for the ascertainment of 

liability to any tax, or the a sessment or collection thereof, shall be held to apply, so far as may be nece ary, to the proceedings herein authorized and directed. 

Mr. PENDLETON. I move. t o amend thiS section by insertin~ after 

the number of the sectiDn and before the word "whenever,' these 

words: 

The Commissioner of Internal Revenue is hereby authl'rized and required to make the inquiries, determinati,ons, and assessments of all taxes a.I!d penalties imposed by this title, or accruing up.der any former internal-revenue act, where such taxes have not "been duly paid-b:y stamp a.t the time and in the manner provided by 

law, andsha.ll certifyalis:tof such assessments, when made, tothepropercollectors, respectively, who shall proceed to collect and account for the ta.xes and penalties so certified. 

The amendment was agreed to. 

Mr. J;>ENDL~TON. I move to amend section 3247 by inserting after 

the word,~ "1 per cent. pm; month," in line 21, the words "as afore - said;" so that the section wi.ll rea~ as follows: 

SEc. 3247. All returns required to be made monthly by any person liable to tax shall be made on or before the tenth day of each month, and the tax assessed or due 

thereon hall be returned by the Com.mi sioner of Internal P..evenne to the collector on or before the la t day of each month. All returns for which no provision is otherwise made shall be made on or before the tenth day of the month ucceeding the 

time when the tax is due and liable to be assessed, and the tax thereon shal.l be 

returned as herein provided for monthly returns, and shall be due and pavable on or before the la t day of the month in which the assessment is so made. When the 

said tax is not paid on or before the last day of the month, as aforesaid, the collector 

shall :W.d a penalty of 5 per cent., together with interest at the rate of 1 per cent. per month, upon such tax from the time the saine became due; but no interest for a fraction of a month shall be demanded: Provided, That notice of the time when such tax becomes due and payab~e is given in such manner~ may \Je prescribed by 

the Commissioner of Internal Revenue. It shall then be the duty of the collector, 

in case of the non-payment of said tax on or before the last day of the month; as aforesaid, to demand payment thereof, with 5 per cent. added thereto, a.nd int-erest at the rate of 1 per cent. per month, as aforesaid, in the manner prescribed by 

law; nnd if said tax, penalty, and interest are not paid within ten days after such 

demand, it. shall be lawful for the collector or his deputy to make distraint therefor, as provided by law. 

The amendment was agreed to. 

Mr. PENDLETON. I move to run end section 3249 by inserting after 

the words '5 per cent. additional thereto," the words "and interest as aforesaid ;" so that the section will read as follows : 

SEC. 3249. If any person liable to pa_y any taxes ne~lect.s or refuses to pay the same within ten days after notice and demand, it shall oe lawful for tl1.e ~llector or his deputy to collect the said taxes, ~th 5 per cent. additional thereto and inter- est as afores~d, by distraint an~ 11ale, in the l)lanner hereafter provided. of the 

goods, chattels, or effects, including stocks, securities, and evidences ot: debt, of the 

persondelinqnenta.s aforesaid: Provided, That there shall be exempt from distraint 

and sale, if l.Jelonging to the head of a family, the school-books and 'wearing apparel necessary for such family; also arms for personal use, one cow, two hogs, five 

sheep and the wool thereof, provided the aggre_gate market value of said, sheep sh~ 

not exceed fifty dollars ; the nece ary food tor such cow, hogs, and sheep, for a period not exceedin~ thirty days ; fuel to an amount not gr~ater in valn ethan twenty- five dollar ; prov:iSl.ons to an amount not greater than fifty dollars; household fur- niture kept for use t<> an amo~t not greater than. $300; ·and the books, tooU!, or implement-s, of a trade or profess1.0n. to an amount not greater than 100, shall also 

be exempt ; and the officer making the distraint shall summon three disinterested 

householders of the vicinity, who shall apprai e 3Jld set apaxt to the owner the amount of property herein declared to be exempt. 

The amendment wa.s agreed to. 

1\lr. PENDLETON. I move to amend section 3~3 by inserting before the word "assess,"· in the last line, the worfui "the Cqmmissioner 

of Internal Revenue shall;" so that ~he section shall read~ ~oUows: 

SEC. 3253. When property subject to tax, but upon which the tax has not .been 

paid, is seized upon distraint and sold, the amoun,t of; said tax shaJ,l, afte.~; dedu<;-ting 

the expenses of such sale, be first appropriated out of the proceeds ther~otto the 

payment of the tax.. And if no assessment of such tax has been made upon such 

property, the collector shall make a. return thereof in the f.orm. required by law, and 

the Commissioner of Internal Revenue shall assess the tax thereon. -

- The amendment was agreed to. 

Mr. PENDLETON. I move to ameud section 3Z54 by striking out 

the words "such charges," and insertipg in lieu thereof "all lawful 

charges and fees;" so th~t the section will read as follows : 

SEc. 3254. When any property advertised for sale under distrain.t, as aforesaid, is 

of a. kind subject to tax, and the tax has not been paid, and the amount bid for such 

-property is notequal to the amount of the tax, the collector maypurch386 the same m behalf of the United Sta.tes for an amount not exceedin"' the said tax. All property so purchased may be sold, by the collector, under suS:t regul.'lotions as ma.y be 

prescribed by tho Commissioner of Internal Revenue. The collector shall render to the Commissioner a distinct aecount of all charges incU.ITed in such sales, 3Jld, 

in case of sale, shall pay into the Trea-sury the surplus, if nny there be, after defraying all lawful charges and fees. ' 

The amendment was agreed to. · Mr. PENDLETON. I move. to amend section 3257 by striking out 

in the first line the word "personal," so that the section will read as follows: 

SEc. 3257. When any property liable to distraint fo1; taxes is not divisible, so aa to enable the collector by a sale of. part thereof to raise th,e whole amount of the 

tax, with all costs, charues, and commissions, the whole of snob. property sh~ be 

sold, and the surplus of the proceeds of the sale, a.ft.t'lr satisfying the tax, costs, 3Jld 

charges, shall be paid to tpe person leually entitleq to rece1ve the same; ox:, if he cannot be found, or refuses to receive fue same, s.l)~ be clepos;itecl in the. Treasury 

of the United States, t<> be there held for his use until he makes application therefor to the Secretary of the Treasury, who, upon.such application and sa.tisfactory proofs 

in suppo.rt thereof, shall, by warrant on the Tr~, cause the same to be paid to the applicant. 

The amendment was agreep. to. 1\Ir. PENDLETON. I move to amend sectio-n 3267 by striking out 

in the last line the word "in," and inserting "is;" so that the sectJ.on 

will read a follows : 

SEc. 3267. m'eJlever any property. :pernonal or. real, which is seized and sold 

by virtue of the' fore~;oing provisions, 18 I}Ot, s¥Jicienii tQ 11atisfy the cl,aim of thE! 

United States for which distraint or seizure 18 made~ the collector ma.y1 thereafter, 

and as often as the same may be necessary, pro~eea to seize and sell, llllike man- ner, any other property liable to se~e of the, person against whom suQh claim 

exists, until the amount due fJ'om hiin, together with all expenses, is fully paid. 

The amendment was agreed to. 

Mr. PENDLETON. I mOVE(, to amend section 3269 by inserting 

after the words ''United States," in line 5, the words, "to enforce the 

lien of the United States for tax upon any real estate ;" so, tl;tat the 

section will read as follows : 

SEC. 3269. In any case wher!l there has been a refusal or neglect to pay any tax, 

and it has become necessary to seize and sell real estate to satisfy the saine, the 

gi:~~ci~~:it ~e~~i~~~un~d st!~~~c~~ inthcehli!~~y %~u~~ius~a~~ for tax upon any real estate, tO subjec.t.aJ;ty real.estaf:thOWD,ed by the delinquent; or in which he has any right, title, or intere&t, to tl).e pa~.lllen.~ o s,uc-?- ~ ~perj 
1822 CONGRESSIONAL RECORD. FEBRUARY 26, 

sons having liens upon or claiming any interest in the real estate sought to be subjected as aforesaid, shall be made parties to such proceedings, and be brought into court as provided in other suits in chancery therein. And the said court shall. at the term next after the parties have been duly notified of the proceedings, unless 

otherwise ordered by the court, proceed to adjudicate all matters involved therein, 

and finally determine the merits of all claims to and liens upon the real estate in 

question, and, in all cases where a claim or interest of the United States t.herein is established, shall decree a sale of such real estate, by the :proper officer of the coutt, 

and a distribution of the proceeds of such sale according to the findings of the court in respect to the interests of the parties and of the United States. 

The amendment was agreed to. 

Mr. PENDLETON. I move to amend section 3270 by striking out in 

line 11 the word "became," and inserting in lien thereof the words 

"has or may become;" so that the section will read as follows : 

SEc. 3270. The Commissioner of Internal Revenue shall have charge of all real estate which has been or shall be assigned, set off, or conveyed, by purcliase or otherwise, to the United States in payment of debts arising under the laws relating to internal revenue, and of all trust-s created for the use of the United States, in pay- ment of such debts due them ; and, with the approval of tlie Secretary of the 

Treasury, may, at public vendue, and upon not le s than twenty days' notice, sell 

and dispose of landS assigned or set off to the United States in payment of such 

debts, or vested in them by mortgage or other security, for the payment of sm h deb~. And in cases where rea.l estate has or may become the property of the 

United States by conveyance or otherwise, in payment of or as security for a debt 

arising under the laws relating to internal revenue, and such debt shall have been 

paid, together with the interest thereon, at the rate of 1 per cent. per month, to the United States, within two years from the date of the acquisition of such real 

estate, it shall be lawful for the Commissioner of Internal RQvenue, with the~­

proval of the Secretary of the Treasury, to releaae by deed, or otherwise convey such real estate to the debtor, from whom it was taken, or to~ heirs or other legal representatives. 

The amendment was agreed to. 

Mr. PENDLETON. I move to amend section 3271 by striking out 

in the fifteenth line, after the word "certified," the words "copy or;" so that the section will read as follows : 

SEc. 3271. Whenever a collector has on any list duly returned to him the name of 

any person not within his collection district who is liable to tax, or of any person so liable who has, in the collection district in which he resides, no sufficient property subject to seizure or distraint, from which t.he money due for tax can be collected, 

such collector shall transmit a statement containing the name of the person liable to such tax, with the amount and nature thereof, dilly certified under hiR band, to 

the collector of any district to which said person shall have removed, or in which 

be shall have property, real or personal, liable to be seized and sold for tax. And 

the collector to whom the said certified statement is transmitted, shall proceed to collect the said tax in the same way as if the name of the person and objects of tax contained in the said certified statement were on any list of his own collection district ; and be shall, upon recei vin~ said certified statement as aforesaid, transmit his 

receipt for it to the collector sending the same to him. 

The amendment was agreed to. 

Mr. PENDLETON. I move in section 3275 to strike out all after the 

word "for," in line 5, to the end of the section, as follows: "and all 

snits for taxes shall be brought in the name of the United States, 

and may be brought in any proper form of action or by any appropriate mode of proceeding," and to insert therefor these words: 

Shall be brought in the name of the United States, in any proper form of action, or by any appropriate form of proceedin~, qui tarn, or otherwise, before any circuit court or district court of the United States for the district within which said fine 

penalty, or forfeiture, may have been incUJTed, or before any other court of compe: tenl, jurisdiction ; and taxes may be sued for and recovered in the name of the 

United States in any proper form of action, before any circuit or district court of 

the United States, for the district within which the liability to said tax is incurred or where the party from whom said tax is due reside , at the time of the commence: ment of the said action. 

~o it will read: 

. SEc. 3275. It ~h~ll be the _du~ of the collectors, in their respective districts, subJect to the proV1810ns of this title, to prosecute for the recovery of any sums which 

may be. forfei~ by law. All suits for. ~es, penalties, and forfeitures, where not othel'Wlse proVId~ for, shall be brought.m the name of the p-nited States, in any 

proper form of action or by any appropriate form of proceedmg qui tam or otherwise, before any circuit court or district court of the United States for the district 

within which said fine, penalty, or forfeiture may have been incurred or before any 

other court of comp~tent jurisdi.ction; and taxes may be ~ued for and recovered in 

the name of the Uruted States m any proper form of action before an:y: circuit or dis~c~ court of the United States for the district ~thin _which the liability to said 

~xth~ ~;~:~~~-=~e~~ :::: s~~~: whom SIDd tax 18 due resides, at the time 

The amendment was agreed to. 

Mr. PENDLETON. To ction 3276, which is as follows: 

SEC. :J276. No suit for ihe recovery of taxes, or of any fine penalty or forf~iture 

shall be commenced unless the CommissiOner of Internal Revenue' authorizes o~ sanctions the proceedings-

! move to add the following proviso : 

Pr~, T~at in case of any suit for penalties or forfeitures, brought upon information received from any person other than collector or deputy collector the 

United States shall not be subject to any costs of suit. ' 

The amendment was agreed to. 

Mr. PENDLETON. I move in section 3283, in line 6, to insert after 

the word "warenouse" the words, "or bonded warehouse of the United 

States;" so it will read: 

SEC. 3283. The Secretary of the Treasury, upon the production to him of satisfactory proof of the actu:il destruction by accidental fire or other casualty and wi.~out ~y fraud, collusion1 or ~egligence of the owner thereof, of any distilled ~prr1ts, ~h~e the same remam'3d 1n the custody of any officer of internal revenue m any distillery warehouse or bonded warehouse of the United St-ates and before 

the tax thereon had boen paid, may abate the amount of internal tues accruina 

thereon, and may cancel any warehouse bond, or enter satisfaction thereon in whol~ 

or in part, as the case may be. And if such taxes have been collected 'since t.be 

destruction of said spirits, the said Secretary shall refund the same to the owners thereof out of any moneys in the Treasury not otherwise appropr~ated. 

The amendment was agreed to. · 1 

Mr. PENDLETON. I move in section 3291, line 10, after the word 

" such," to insert, " with his reasons therefor;" so it will read : 

SEC. 3291. The Commissioner of Internal Revenue, with the advice and consent of the Secretary of the Treasury, may compromise any civil or criminal case arising und~r the internal-revenuel~w , instead of comm ncing suit thereon; and, with the 

adVIce and consent of the srud Secretary and the recommendation of the Attorney- General, he may compromise any such case after a suit thereon has been com- menced. Whenever a compromise is made in any case there shall be placed on file 

in the office of the Commissioner the opinion of the solicitor of internal revenue o:r of the officer acting as such, with his r easons therefor, with a statement of the amount of tax a sessed, the amount of additional tax or penalty imposed by law in 

consequence of the nee;lect or delinquency of the per on against whom the tax is 

assessed, and the amount actually paid in accordance witli the tel'l:ls of the com- promise. 

The amendment wa-s agreed to. 

Ur. PENDLETON. I move in section 3295, in line 3, after the word 

•' residence," to insert the words, "trade or busine s; " so it will read: 

SEc. 3295. Every person engaged in any trade or business on which a special tax is imposed ~y law shall register ~th the collector of the district his name or style, pla-ce of res1denoo, trade or busmess, and the plaoo where such trade or busin688 

is to 1;Je c~ed on. In ca e of !1- firm or comp~y, the names of the st~veral persons constituting the same, and therr placea of res1dimce, hall be so registered. 

The amendment was agreed to. 

Mr. PENDLETON. I move in section 3297, in line 3, to strike out 

the word "receipt," and in lieu thereof to insert the words "collector's 

register;" and in line 6, after the word "nor," to insert "except as hereinafter provided for;" so it will read: 

SEc. 3297. The payment of the special tax imposed shall not exempt from an additional special t:u: ilie person carrymg on a trade or business in any ot.her place than 

that .stated in the collector's register; but nothing herem contained shall require a speCial tax for the storage of goods, wares, or merchandise in other places than tha 

plaoe of business, nor, exc~pt as hereinafter provided for, for the sale, by manufac- ture~ or producers, of therr own go_ods, _w~es~ and merchandi e, at the place of J!rOduction or manufacture, and ~t therr pnnmpaJ. office or place of business, proVIded no goods, wares, or merchandise shall be kept except as samples at said office or place of business. 

The amendment was agreed to. 

:?tfr. PENDLETON. I move in section 3298, in line 3, after the word 

"time," to insert the words "except as hereinafter provided for;" so it 

will rea-d: 

SEc,- 3298. Wben~ver ~ore than one of the pursuits or occupations hereinafter 

descnbed are <?3'med on m. the same place by the ~e person at the same time, 

except as heremafter proVIded for, the tax shall be pa1d for each accordina to the rates severally prescribed. . ., 

The amendment was agreed to. 

Mr. PENDLETON. I move in section3300, in line 5,after the word 

"seventy," to strike out "six" and insert ":five;" so it will read: 

SEc. 3300. All special taxes imposed by law, including the tax on stills or worms shall be paid by stamps denoting the tax. and the Commis ioner of Internal Reve: nne is re9.~ed to pro~ure appropriate stamps for the payment of such taxes: and 

the prOVISlO~ of sec:tions 3375 and 3509, ~~ all otJ;t~r provi ions of law relating-to the preparation and Issue of stamps for lhstilled sp1nts, fermented liquors tobacco 

and cigars, shall, so fa:r a:s applica.ble, extend to and include such st.amps f~r speciai 

taxes; anrl the CommiSSioner of Internal Revenue shall have authority to make all · needful regulations relative thereto. 

The amendment was agreed to. 

Mr. PENDLETON. I move to strike out section 3303, which is as follows: 

SEc. ~303. The re<?eip~ f?r th_e payment of any spe~ial tax shall set forth the trade or busme s for which 1t lB paul, the name and residence of the person paying it, 

and the place where such trade or business is to be carried on. And every person carcying on any trade or business, for which a pecial tax is imposed shall· on demand of any officer of internal revenue, exhibit the receiP,t for payme~t of t.he tax. and unless he shall do so, may be deemed not to have pru.d such tax. ' 

The amendment was agreed to. 

l\fr. PENDLETON. I move in section 1304, in line 10, to strike out 

"tax receipt," and insert in lien thereof the words "collector's regis- ter;" so it will read: 

SEc. 3304. When any person who has paid the special tax for any trade or busi- ness dies, his wife or child, or executors or a~strators or other leaal represent- atives, may occupy the house or premise.<i, and in like manner carr; on, for the 

residue of the term for which the tax is paid, the same trade or business as the deeeased before carried on, in the same bouse and upon the same premises without the 

payment of any additional tax. And when any person removes from 'the house or premises for which any trade or business was taxed to any other place he may carry on the trad_e or business speoified in the. c?llector's register at the pla~e to which b~ removes WJthoutthe payment of any additional tax: Provided, Tbatallcasesof death 

change, or removal, as aforesaid, with the name of the successor to any person dO: 

ceased, or of the person making such change or removal1 shall be registered with the 

collector, under regulations to be prescribed by the CoiDIDlssioner of Iiiternal Revenue. 

The amendment wa~ agreed to. 

Mr. PENDLETON. I move in section 3305, line 8, before the word 

"rectification," to insert "distillation or;" and in line 20 after the 

word "brewer," to insert" or wholesale or retail dealer in malt liquors ·" so it will read: ' 

SEC. 3305 .. Eyery person who carries on the bus!Jiess ~fa rectifier, wholesale liquor 

dealer, retail liquor dealer, or manufacturer of stills, mthout bavina paid the special tax as required by law, shall, for every such offense, he fined not 'iess than 1 000 nor more than $5,000, and be impri oned not less than six months nor more than two years. And all distilled spirits or wines, and all apparatn fit or intended to be used for 

the distillation or rectification of spirits or the compounding of liquors owned by such P.erson, wh_er~ver found, and all dis_tilled sp~~ or wines and yerson'al property found in the re?tifying establi~hment, or 11?- any buililin .... , room, yara, or inclosure con- n~cted thereWJ~, and used Wlth or constituting a p~i' of the premises, shall be for· 

fe1ted to the Uruted States. Every person whocarneson the business of amanufac. turer of tobacco, snuff, or ciooars, dealer in manufactured tobacco dealer in leaf-tobacco, or retail dealer in e~-tobacco, without having paid aspec'ial tax therefor as provided by law, shaJ.!., be~ides being liable to the payment of the tax, be fined ~ot 

more than $5oo, or be 1IDp1'1Soned not more than one year, or both, at the di cretion 

of the court. And every person who carries on the business of a brewer, or whole. 
1874. CONGRESSIONAL RECORD. 1823 

Hale or retail dealer in malt liquors, without having paid a special tax therefor, a.s required by law, shall, besides being liable to the payment of the tax, be fined not less tha.n ten dollars nor more than $500. 

The amendment was agreed to. 

Mr. PENDLETON. I move in section 3307, in line 30, to strike out 

the words "assess or;" and in line 33, after the word "who," to strike 

out the words "assesses or;" so it will read : 

And provided furthe:r, That no officer shall collect any special tax for rectifying distilled spirits on any premises distant less than six hundred foot in a direct line 

from any distillery. .And every officer who collects any special tax in violation of 

this section shall belia.ble to a penalty of $5,000 for each offense. 

The amendments were agreed to. 

Mr. PENDLETON. I move in line 59, same section, to strike out 

the words "at wholesale," and in lieu thereof to insert "in the original stamped packages;" so it will read : 

Wholesale dealers in malt liquors shall pay fifty dollars. Every person who sells or offers for sale malt liquors in larger quantities than five gallons at one time, but 

who does not deal in spirituous liquors, shall be regarded as a wholesale dealer in 

malt liquors: Provided, That no brewer shall be required to pay a special tax a-s a wholesale dealer by reason of selling in the original stamp packages, whether at the 

place of manufacture or otherwise, malt liquors manufa-ctured by him. 

The amendment was agreed to. Mr. PENDLETON. I move in line 134 to strike out the word 

"receipt," and insert in lieu thereof the word "stamp ;" and in line 140 to strike out the words "assistant assessor of the division/' and 

insert "collector of the district;" so it will read: 

Tenth. Manufacturers of cigars shall each pay ten dollars. Every person whose 

business it is to make or manUfacture cigars for himself, or who employs others to make or ma.nufacture cigars, shall be regarded as a manufacturer of cigars. No 

special tax-stamp shall be issued to any manutactnrer of cigars until he ha.s given the bond required by law. Every person whose business It is to make cigars for 

others, either for pay, upon commission, on shares, or otherwise, from material furnished by others, shall be reaarded as a cigar-maker. Every cigar-maker shall cause his name and residence~ be registereu, without previous demand, with the 

collector of the district in which such cigar-maker shall be employed; and every manufacturer of cigars employin(J' any cigar-maker who shall ha.ve neglected or r efused to make sucb registry sh;rr'be fined five dollars for each day that such cigar- maker so offending, by neglect or refusal to register, shall be employed by him. 

The amendments were agreed to. 

Mr. L.A. WRENCE. I desire to offer an amendment to section 2057. 

The section was as follows: 

SEc. 2057. The President is authorized to appoint from time to time, by and with 

the advice and consent of the Senate, the following agents of Indian affairs: Five 

agents for the tribes in Ore&on; three agents for the tribes in Washington Terri- tory; three agents for thetnbes in California; two agen1sfor the tribes in Nevada; two agents for the tribes in Idaho; four agents for the tribes in Montana; ten agents for the tribes in Dakota Territory ; one agent for the tribes in W:r,omingTerritory; one agent for the tribes in Utall TerTi tory; six agents for the tribes in New Mex- ico; two agents for the tribes in Colorado TeiTitory; six agents for the tribes in 

Nebraska; three agents for the tribes in Kansas; t en agents for the tribes in the 

Indian Territory; one agent for the tribes in Minnesota; one agent for the tribes 

in Iowa; two agents for the tribes in Wisconsin; one agent for tbe tribes in Michigan; one agent for the New York Indians; seven agents for the tribes in .Arizona. 

Mr. LAWRENCE. I offer the following amendment. 

The Clerk read as follows: 

On page 451, section 2057, after the word "following," lines 2 and 3, insert " Inchana." 

Strike out all after the word "agents," in line 3, and insert: 

Three for the tribes in Oregon; fourteen for the tribes east of the Rocky Mountains and north of New Mexico and Texas; seven for the tribes in New Mexico ; three for the tribes in the Territ<lry of Washington; one for the tribes in Kt.nsas; one for the Kickapoos; one for the Delawares; two for the tribes in Utall; one for 

the Poncas; one for the Pawnees in Nebraska, each with an annual salary of 1,500. 

Four for the tribes in California, at an annual salary of 1,800 each; three for the 

tribes in Texas ; one for the Wichitas and neighboring tribes west of the Choctaws 

and Chickasaws, at an ann!-lal alary of $1,000. 

Mr. LAWRENCE. In the original or organic acts the expression 

"Indian agents" is used, and not the words" agents of Indian affairs," 

which occur in some later statutes. The number of Indian agents 

actually provided for by organic act , excluding provisions occurring 

merely in appropriation act , is forty-seven. No sa.laryis mentioned 

in any act for the agent in Texas. 

The amen~ent was agreed to. 

Mr. CASON. I offer the following amendment to section 4458: 

Strike out the comma after the word "vessel," in line 2; also strike out the comma after the word "performed," in line 4. 

The amendment was agreed to. 

Mr. CASON. The next amendment is to section 4467. 

The section wa~ as follows : 

SEC. 4467. All coastwise sea-going vessels, and ves..'lels navigating the great lakes, 

Ahall be subject +..o the navigation laws of the United States, when navigating within 

the Jurisdiction thereof ; and all vessels, propelled iu whole or in part oy steam and naVI~ating a.s aforesaid, shall be subject to all the rnles and regulations establi~hed 

in pursuance of law for the government of steam-vessels in passing, as provided by this act; and every coastwi e sea-going steam-vessel subject to the naVI<Tation laws of the United St.ates, and to the rules and regulations aforesaid, not sal1b;g under 

register, shall, when under way, except ou the high seas, be under the control and 

direction of pilots licensed by the inspectors of steamboats. 

Mr. CASON. I offer the following amendment: 

Strike out the word "act," in line 7, and insert in pla-ce thereof the word "title." 

The amendment was agreed to. 

Mr. CASON. I offer the following amendment: 

l~bf~,tion 4471, after the word "Washington," in line 3, insert "District of CoThe amendment was agreed to. 

Mr. CASON. The next amendment is to section 4479. Th~ section was as follows : 

Snc. 4479. Every pilot, engineer, mate, or master of any steam-vessel who neg· lects or willfully refuses to observe the regulations established in pursuance of the 

preceding section, shall be liable to a penalty of fifty dollars, and for all damages sustained by any passenger, in his person or 'baggage, by such neglect and refnaal. 

:Mr. CASON. I offer the following amendment: 

Strike out the word "and," in the fifth line, and insert in place thereof the word 

"or." 

The amend.I:Dent was agreed to. . Mr. CASON. The next amendment is to section 4~. 

The ·ection was as follows : 

SEC. 4480. There shall be, in each of the following collection districts, one inspector of hulls and one inspector of boilers; who sruill be entitled to the following salaries: 

In the districts of New York and New Orleans, to a salary of $2,200 a year each, &c. 

Mr. CASON. I offer the following amendment : 

.After the word ''salaries," in the third line, add the following words : "t~ be 

paid annually under the direction of the Secretary of the Treasury." 

The amendment" was agreed to. 

1\fr. CASON. The next amendment is to section 4503. 

The section was as follows : 

SEC. 4503. Every person who intentionally loads or obstructs, or causes to be 

loaded or obstructed, in any way or manner, the safety-valve of a boiler, or who 

employs any other means or device whereby the boiler may be snb,iected to a greater 

pressure than the amount allowed by the certificate of the inspectors, or who intentionally deranges or hinders the operation of an:v machinery or device employed to denote the state of the water or steanl in any boiler, or t~ ~:,rive warning of approaching danger, or who intentionally permits the water to fall below the prescribed low- water l.i.lle of the boiler, and every person concerned therein, directly or indirectly, shall be gnmy of a misdemeanor, and shall be fined 200, and imprisoned not exceeding five years. 

1\fr. CASON. I offer the following amendment: 

Insert before the word "imprisoned," in the twelfth line, the following : "May also be." 

Th~ amendment was agreed to. 

Mr. CASON. I move to amend by striking out section 4525. 

The section wa~ as follows : 

SEc. 4525. Every inspector who, upon any pretense, receives any fee or reward 

for his services rendered under this titlo, except what is herein allowed him, shall 

forfeit his office, and if found guilty, on indictment or otherwise, be J?unished, 

according to the aggravation of the offense, by fine not exceeding $500, or Imprison- ment not exceeding six months, or both. 

The amendment was agreed to. 

Mr. CASON. I offer the following amendment : 

In section 4538 change the semicolon to a comma after the word "inch," in line13. 

The amendment was agreed to. 

Mr. CASON. The next amendment is to section 4557. 

The section was as follows : 

SEC. 4557. Every sea-going steamer, and every steamernavi~atin~the great north- ern or northwestern lakes, carrying pas engers, the building of which shall be com- pleted after the passage of this title, shall have not less than three water-tight cross bulk-heads, such bulk-heads to reach to the main deok in single-decked vessels, 

otherwise to the deck next below the main de-ck; to be made of iron plates, sus- tained upon suitable frame-work; and to be properly secured to the hull of the vessel. 

The poSition of such bulk-heads and the strength of material of which the same shall be constructed shall be determined by the general rules of tbe board of super- vising inspectors. 

Mr. CASON. I offer the following amendment: 

Strike out the words "passage of this V.tle," at the end of the third, and com- mencement of the fourth line, and insert as follows: "28th day of August, 1871." 

The amendment was agreed to. 

Mr. CASON. My next amendment is to section 4575. The ection was as follows : 

SEC. 4575. The general duties of -a shipping commissioner shall be: 

Firat. To afford facilities for engaging seamen by keeping a register of their names and characters. Second. To superintend their engagement and discharge, in manner prescribed by law. 

Third. To provide means for securing the presence on board at the proper times 

of men who are so engaged. 

Fourth. To fa-cilitate the making af apprenticeships to the sea service. 

Fifth. To arbitrate such questions, affecting seamen, as may be duly submitted to him. 

Mr. CASON. I offer the following amendment: 

Strike out all of the fifth division after the word "to," in line 11, and insert in 

place thereof " perform such o1her duties relating to merchant seamen or merchant 

ships a-s are now or may hereafter be required by law." 

The amendment wa~ agreed to. 

Mr. CASON. My next amendment is to section 4577. The section was as follows : 

SEc. 4577. The master of every forei~·going vessel shall, before ca~g any apprentice to sea from any place in the umted States, cause such apprentice to appear before the shipping commissioner before whom the crew is engaged, and shall 

produce to him the indenture by which such apprentice is bound, and the assign- ment or assignments thereof, if any; and the name of the apprentice, with the date 

of the indenture and of the assignment or assignments thereof, if any, shall be en- tered on the agreement; and no assignment shall be made without tlie approval of a commissioner, of the apprentice, and of his parents or his guardian. For any viOlation of this section the master shall be liable to a penalty of not more than 100. 

Mr. CASON. I offer the following amendment: 

Insert at the end of line 8, after the word "agreement," the following words: 

~';~1~~~ ~:::t;~~ ~t~~~rly as may be, given in the table marked A, in 

The amendment was agreed to. Mr. CASON. The next amendment is to section 4578. 

The section wa-s as follows: 

SEc. 4578. The master of every vessel bound from a port in the United States tiO 
1824 CONGRESSIONAL RECORD. FEBRUARY 26, 

any foreign port other than vessels engaged in trade between the United States a~d 

the British North American possessions, or the West India Islands, or the republic of Mexico or of any vessel of the burden of seventy-five tons or upward, bound from a port on-th~ Atlantic to a port on the Pacific, or vice versa, shall, before he proceed on such voyage make an agreement, in writfng or in print, with every seaman whom he 

carries to sooas one of the crew, in the manner heremafter mentioned; and every such 

agreement shall be, as near as may be, in the form given in the table marked f;-, in 

tlie schedule annexed to this title, and shall be dated at the time of the first signa- ture thereof and shall be si!Pled by the master before any seaman signs the same, and shall co~tain the followmg particulars, &c. 

Mr. CASON. I offer the following amendment: 

Strike out, the proviso at the end of the eighth divisiOB of the section, in these 

words: . "Provided That this section shall not apply to masters of vessels when engaged ill 

trade betwe~ the United States and the British Nm:th Amm;ican possessions, or the West India Islands, or the republic of Mexico." 

That proviso is in the previous section. 

The amendment was agreed to. 

Mr. CASON. The next amendment is to section 4590. 

The section was as follows : 

SEC. 4590. All shipments of seamen made contrary to the provisions of _any act of 

Congress shall be void; and any seaman so shipped may leave the service at any 

timej and demand the highest rate of wages paid to any seaman shipped for the 1oyage, or the snm agreed to be given him at his shipment. 

Mr. CASON. I offer the followhtg amendment : 

After the word " and," in the third line, strike out these words: " demand the 

higb,est rate of wa<:res paid to any seaman shipped f<>r the voyage," and insert in 

place thereof the fOllowing: "shall be entitled to recover the highest rate of wages of the port from which the seaman was shipped." 

The amendment was agreed to. 

Mr. CASON. The next amendment is to section 4610. 

The section was. as follows: 

S~c. 46io. Every shipping commissioner in the United States shall, wit.hin one week from the date of receiving any such money, wa~es, or effects of any deceased aeaman or apprentice, pay, remit, or deliver to the Circuit court of the district in 

which he resides, the money, wages, or effects, subject to such deductions as may 

be allowed by the circuit court for expenses incurred in respect to such money and 

effects; and should any commissioner fail to pay, r emit, and deliver the same to the 

circuit court, within the time hereinbefore mentioned, he shall incur a penalty of not IflOr.e tpan treble the value of such money and effects. 

Mr. CASON. I offer the following amendment: 

Strike out 'the word "district." in the fourth line, and insert in place thereof the 

word" circuit." 

The amendment was agreed to. 

Mr. 0-ASON. The next amendment is in section 4646. 

The section was as follows: 

SEC. 4646. Whenever distressed seamen of the United States are transported from 

foreign ports where there is no consul or officer of the Jnited States, t-o ports of the 

United States, there shall be allowed to the master or owner of each vessel, in which 

they are transported, such reasonable compensation, in addition to the allowance now fixed by law, as shall be deemed eqrutable by the ;First Comptroller of the 

Treasury,. 

Mr. CASON. The amendment is to strike out the words "consul 

or" before the words ''officer of the United States," and insert in lieu 

thereof the word "consular." 

The amendment was agreed to. 

Mr. CASON. The next amendment is in section 4679, in the schedule attached thereto. Before the table in relation to " scale of provisions/' &c., insert a table in regard to "accounts of apprentices on board.' That table has been dropped out in the revision, but it is 

in the original act, and the committee are of opinion that it should be 

inserted here. 

The amendment was agreed to. 

Mr. CASON. In the same section, in next to the last paragraph, I move to amend so that it will read "Table C" instead of 'Table 

A." 

The amendment wa-s agreed to. 

Mr. CASON. The next amendment is in section 4716. 

The section was as follows: 

SEc. 4716. Fees of special counsel in prize-oases incurred or authorized by an Executive Department., or for the defense of captors against demands for damages 

made by claimants in the district court, not paid by claimants, nor from the prize- fund in the particular cause, and audited and allowed by the Department incurring o authorizing them, and by the Solicitor of the Treasury, shall be a char~e upon, and. paid..out Of, the funds appropriated for defraying the expenses of suits ill which 

the United States is a party or interested. 

Mr. CASON. I move to amend this section by striking out the 

words "an Executive" and inserting the word "any" before the word 

''Department." 

The amendment was agreed to. 

Mr. CASON. In section4719,line28,strike out the word usection" 

and insert "title." 

The amendment was agreed to. 

Mr. POLAND. I have .some amendments to move to chapter 9, re- lating to drawbacks, or the return of duties. The provisions which 

have been revised by the commissioners were mainly the provisions 

of our early statutes, going back as far as the act of 1799, which 

pr,ovisions were in force before the adoption of the bo-qded-warehous6 system, but whi,cp have been virtually repealed by the ·adoption 

of 'that · system. The revisers, in a note, suggest whether these provisions have not become virtually repealed by the adoption of the 

warehouse system, We think that in point of law that doubt is a certainty ; and therefore we recommend the striking out of a con-

~~~t;ab1~ of thi~ chapter, Acco~~gly, .I move to stJ:ike out sections 

3050, 3051, 3052, 3063, 3068, 3072, 3073, 3076 to 3085, both inclusive, 

3100 to 3108, both inclusive, ani! 3117 to 3120, both inclusive. 

The sections above named were stricken out. ' 

Mr. POLAND. I have an amendment to move to seciji,on 3060. 

The section was as follows : 

SEc. 3060. No return of the duties shall be allowed on the exportof any merchan- dise after it has been removed from the custody and control of the Government, 

except in the cases provided in. sections 3050, 3054, 3055, 3057, and 3061. 

Mr. POLAND. I move to amend by striking out "3050;" that sec- tion ha just been stricken out. 

The amendment was agreed to. 

Mr. POLAND. The next amendment is in section 3064. 

The section was as follows : 

SEc. 3064 . Where articles are imported in bulk they shall be exported in the 

packages, if any, in which they were landed; for which purpose the officer delivering the same shall return the packages they may be put into, if any. with th ir 

marks and numbers, and they shall not be entitled to. drawback, nnl exported in 

such packages, which shall be deemed the packages of original importation, nor unless the~ fnlly agree with the return made by the officer; and in respect to distilled spirits or wines the certificates issued bv the inspector of the revenue for 

such spirits or wines shall be given up, and tbe arawbaok shall not be allowed on any such spirits or wines as do not agree, on exalllination, with the certificates so given up. 

lHr. POLAND. I move to amend by striking out the latter portion 

of tlte section commencing, " and in respect to distilled spirits or wines," &c; 

The amendment was agreed to. 

:Mr. POLAND. The next amendment i.e in section 3074. 

The section was a-s follo-ws : 

SEc. 3074. The collector shall direct the surveyor, where any, to inspeet, or cause to be inspected, the merchandise so notified for exportation, and if it is found to corre pond fully with the notice and proof concerning the same, the collector, to- gether with the naval officer, if any, shall grant a permit for lading th same on board of the vessel named in such notice and entry. Such lading shall be per- formed under the superintendence of the officer by whom the same has been so iuspected; and the exporters shall make oath that the merchandise, so noticed fur 

exportation, and laden on board such vessel, previous to the clearance thereof, or within ten days after such clearance, is truly mtended to be exported to the place 

whereof notice has been given, and is not intended to be relanded within the United 

States; otherwise the merchandise shall not be entitled to the benefit of drawback. 

Mr. POLAND. · The amendment is in the first part of the section, 

to strike out "so,'' between the words "merchandise" and "notified." 

The amendment was agreed to. 

Mr. POLAND, The next amendment is to section 3075. 

The sectioiL was as follows : 

SEc. 3075. All merchandise imported mto the United States, the duties on which 

have been paid, or secured to be paid, may be transported by land, or ~artly by 

land and partly b:y water, or coastwise, from the diRtrict into w hi.ch it was Imported to two other districts, and exported from either of them with the benefit of drawback. 

Mr. POLAND. The amendment is to strike out the words "two 

other districts," and insert in lieu the words "any port of entry;" 

also strike out the words " either of them," ~nd insert in lieu "such 

ports of entry."-

The amendment was agreed to. 

Mr. POLAND. The next amendment is to section 3093. 

The section was as follows : 

SEc. 3093. The collector ma.y refuse to grant such debenture, in oa e it shall appear to him that an_Y. error has arisen, or any fraud has been committed; and in case of. 

such refusal, if the debenture claimed shall exceed $100, it, shall be the duty of the 

collector to represent the case to the Comptroller of the Treasury, who shaiJ determine whether such debenture shall be granted or not. In no 0&8e, .moreover, of an exportation of goods shall a drawback be paid, until the duties on the import.'l.tion thereof shall have been first received. · 

! Mr. POL.Al\l). The amendment is to strike out "Comptroller," a.nd 

I 

insert" Secretary." • The amendment wa-s agreed to. 

Mr. POLAND. The next amendment is to section 3094. 1 The section was as follows: 

I SEc. 3094. Before the receipt of any debenture, in case of exportation from the I district of original importation, and in case of exportation from any other district 

I before the receipt of any such certificate, as is hereinbefore required to be granted, 

the person applying.for such debenture or certificate shall, previous to such receipt, and before the clearance of the vessel in which the merchandise was laden for ex- ., portation, or within ten days after such clearance, give bond\ with one 01:: more sureties, to the satisfaction of the collector, who is to grant sucn debenture or cer- tificate, as the case may be, in a sum equal· to double the amount of the sum for 

! which such debenture or certificate is granted, conditioned that such ercban~e~ or any part thereof, shall not be relanded in any port within the limits of the Uniooo. 

States, and that the exporter shall produce, within the tinie herein limited, the 

preofs and certificates required of such merchandise having been delivered without 

such limits. 

Mr. POLA.i~. The amendment is to strike out near the middle of 

the section the words "or within ten days after such clearaiwe." 

The amendment was agreed to. 

Mr. POLAND. The next amendment is to section 3098. 

The section was as follows : 

S~c. 3098. Inca es of loss by sea, or by capture or other unavoidable accident, or when, from the nature of the trade, the proofs and certificates before required are not, and cannot be, procure~ the exporter shall be allowed to adduce to tlie collector of the port of exportation such other proofs as they may have,. and as the nature of the case will admit; which proofs shall, with a statement of all. the cir- cumstances attendin~ the transaction, within the knowledge of such collector., he 

transmitted to the First Comptroller of t.he Treasury, who shall have power to allow a. further reasonable time for obtaining such _proofs; or if he be satisfied with 

the truth and validity of the proofs adduced, to direct the bond of such exporter to be canceled. If the amount of such bond shall not exceed the pena.l sum o! $200, 

' the collector, with the naval officer, where tllere is one, and alone. where there 
• 

1874. CONGRESSIONAL RECORD. 

is n·one, may, pursuant to such ru1es as shall be prescribed by the Comptroller of 

the Treasury, admit such proof as may be adduced; and if they deem the same satisfactory, cancel such bond accordingly. 

Mr. POLAND. The amendment is to change the phrase "First 

Comptroller of the Trea.gury" to "Secretary of the Treasury;" also 

"Comptroller of the Treasury" to "Secretary of the Treasury." 

The amendment was agreed to. 

Mr. POLAND. The next amendment is in section 311!~. 

The section was as follows: 

SEc. 3113. Any merchandise imJ,>Orted from the British North American provinces adjoining the United States, which shall have been du1y entered and the duties 

thereon paid or secured a.ccording to law at either of the ports of entry in the ~ollection districts situated on the northern, northeastern, and northwestern frontiers of 

theUnitedStates,maybetransportedbylandorbywater,orpartlybylandandpartly 

by water, to any port'or ports from which merchandlse may be exported for benefit 

of drawback, and be thence exported with such privilege to any foreign country. The laws relatin(7 to the transportation of merchandise entitled to drawba.ck from one district to another, or to two other districts, and the due exportation and proof of landing thereof, and all re!mlations which the Secretary of the Tr~sury may prescribe for the security of tli'e revenue, must, however, be complied With. 

Mr. POLAND. The amendment is near the clo e of the section, 1o 

strike out the words " from one futrict to another, or to two other 

districts." 

The amendment was agreed to. 

Mr. POLAND. The next amendment is in section 3121. 

The section was as follows : 

SEc. 3121. The Secretary of the Trea-sury is hereby further authorized to pre- scribe such rules and regulations, not inconsistent with the laws of the Umted 

States, as he may deem necessary to carry into effect the provisions of the five pre- ceding sections, and to prevent the illegal reimportation of any merchandise which 

shall have been exported as herein provided. 

Mr. POLAND. The amendment is to strike out the words "five 

preceding sections," and to insert in lieu the words, "laws relating to 

drawbacks." 

The amendment was agreed to. 

Mr. POLAND. ·That, Mr. Speaker, closes the amendments which we are prepared to offer to-night. I move that the House now a~journ. 

The motion was agreed to; and accordingly (at nine o'clock and 

ten minutes p. m.) the House adjourned. 

PETITIONS, ETC. 

The following memorials, petitions, and other papers were presented 

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

By Mr. ALBERT: The petition of Maria Harris, of Baltimore, Mar 

land, for a pension, to the Committee on Invalid Pensions. 

By Mr. ARCHER: The petition of Augustus W. Bradford, of Balti- more County, Maryland, for indemnification for the destruction of his 

dwelling-house near Baltimore by a squad of confederate soldiers in 

July, 1864, in retaliation for the destruction by Federal troops of the 

dwelling-house of George Letcher, of Virginia, to the Committee on War 

Claims. 

By Mr. ARMSTRONG: The petition of Captain Seth Bonney, for 

restoration to his former rank in the Army, to the Committee on Military Affairs. By Mr. BARRERE : The petition of distillers in the fifth collection 

district of Illinois, that the moneys paid by them pursuant to instructions from the Commissioner of Internal Revenue for the Tice meter 

be refunded, said meter having proved inaccurate and worthless, to 

the Committee on Appropriations. 

By :Mr. BASS : The petition of Louisa R. Ketchum, widow of William F. Ketchum, for the extension of letters-patent for improvements 

in grass and grain harvesters, to the Committee on Patents. 

By Mr. BLAINE: The memorial of Matilda Hindman, in behalf of 

the Woman Suffrage Association of the State of Pennsylvania, in re- lation to a bill pending in Congress to aid in the execution of the 

laws of the Territory of Utah, and remonstrating against the disfranchisement of women in that Territory, to the Committee on the Judiciary . .Also, charges and specifications against William Story, judge of the 

United States district court for the western district of Arkansas, submitted by James S. Robinson, of Fort Smith, Arkansas, and by Ben. 

T. DuVol, James S. Gage, and others, practicin~ attorneys at Fort 

Smith, Arkansas, to the Committee on the Judimary. 

By Mr. D.A. VIS, of Virginia: The petition of tobacco manufacturers 

and dealers of the State of Virginia, for the abolition of the import 

duty on mass or stick licorice, to the Committee on Ways and Means. 

By Mr. ELKINS: The memorial of the wardens and vestrymen of 

Saint Thomas Parish, Santa Fe, New Mexico, praying for the grant 

of a lot of land in the military reeervation at Fort Maroy, for the 

erection of church and school buildings, to the Committee on the 

Public Lands. 

By Mr. FREEMAN: The petition of Dr. Holmes Sells, for relief, to 

the Committee on War Claims. 

By Mr.' GARFIELD: The petition of Andrew J. Herron, of Painesville, Ohio, for correction of his military record, to the Committee on Military Affairs. 

By Mr. HAVENS : Several petitions of citi~ens of Missouri, for the 

passage of an act legalizing certain homestead entries, to the Committee on the Public Lands. 

By Mr. MAYNARD: The petition of citizens of Monroe County, 

115 

Tennessee, for the reinstatement of 10 per cent. duty on manufactured cottons, woolens, iron, &c., to the Committee on Ways and 

Means. 

By Mr. NEGLEY. The petition of members of the Board of Health 

of Pittsburgh, Pennsylvania, for the passage of the bill establishing a bureau of health, to the Committee on Commerce. 

Al•w, the remonstrance of twenty-one pilots of Louisville, Kentucky, against the construction of dams and dikes in and on the Mississippi and Ohio Rivers, to the Committee on Commerce. 

Also, the petition of the Pittsburgh Forge and Iron Company, and 

others, of Pittsburgh, Pennsylvania, for the .repeal of the second sec- tion of the act of June 6, 1872, which made a reduction of 10 per cent. 

in certain duties, to the Committee on Ways and Means. 

Also, the petition of David Laing and others, of Pittsburgh, Pennsylvania, of similar import, to the Committee on Ways and Means. 

Also, the petition of P. J. :Murray and others, of Saint Louis, Missouri, of similru· import·, to the Committee on Ways and Means. 

By Mr. ORR: Several petitions of citizens of Hardin and Story 

Counties, in the State of Iowa, for the establishment of a post-route, 

with tri-weekly mail service, from Eldora to Nevada, in said State, 

to the Committee on the Post-Office and Post-Roads. 

By 1\fr. ORTH: The petition of Rev. Joseph C. Talbot, bishop of 

Indiana, for the establishment of a system of instruction in nautical 

science and the rudimental branches of English education in the 

United States Navy, to the Committee on Nava,l Affairs. 

By Mr. RAWLS: The petition of David R. Dillon, of Savannah, 

Georgia, for relief, to the Committee on War Claims. 

By Mr. SCUDDER, of New York: Several petitions of honorably 

discharged soldiers and sailors of Flushing, New York, for amendments to the homestead law, to the Committee on the Public Lands. 

By :Mr. SPEER: The petition of David Etnier, and 0 other citizens 

of Brady Township, Huntingdon County, Pennsylvania, for the repeal 

of that part of the act of June 6, 1872, reducing the duties on certain 

ru·ticles, and remonstrating against imposing a duty on tea and coffee a oppre ive to the people, to the Committee on Ways and Means. 

By Mr. THOMAS: The petition of the citizens of New Berne, North 

Carolina, for the removal of obstructions from the Neuse River, to 

the Committee on Commerce. 

Also, t he petition of S. E. Koonce, of Jones County, North Carolina, 

for payment for services in carrying the United States mails, to the 

Committee on Claims. 

Also, the petition of citizens of Greene and Pitt Counties, North 

Carolina). for the establishment of a post-route from Snow Hill, via 

Willow u-reen and Ballard's Store, to Greeneville, to the Committee on the Post-Office and Post-Roads. 

By Mr. WILLIAMS, of Michigan: The petition of 504 citizens of Holland, Ottawa County, Michigan, for an appropriation of $50,000 for 

the improvement of Black Lake Harbor, Michigan, to the Committee on Commerce. 

By Mr. WOODFORD: The petition of Snow & Burgess and others, 

merchants of the city of New York, that merchants associated under 

the name of mutual insurance companies, who have suffered by depredations of confederate cruisers, may be indemnified from the Geneva 

award fund, t the Committee on the Judiciary. 

Also, a letter from E. E. Morgan's Sons, merchants of New York 

City, transmitting the foregoing petition, to the Committee on the 

Judiciary. 

IN SENATE. 

FRIDAY, February 27, 1874. 

Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. 

The Journal of yesterday's proceed.i]J.gs was read and approved. 

PETITIONS AND MEMORIALS. 

The PRESIDENT pro tempore presented the petition of William 

Furness, praying that the proceeds of certain property confiscated by 

the so-called Confederate State , and afterward captured by the Army 

of the United States, and sold by order of the Secretary of War, be 

paid to him; which was referred to the Committee on Claims. 

:Mr. SCOTT. I present the memorial of Jacob E. Weister and 103 

other workingmen of the city of Phih~elphia, prote.liting against any 

increase of taxation, and praying for the repeal' ~ Uw sMond section 

of the act of June 6, 18'12, which made a reduction of 10 per cent. in 

cert.ain duties on manufactured cottons, woolens, &c.; also, a similar 

petition from J. S. Bradley and 62 other citizens of Jewett, in the 

State of Illinois; a similar petition from C. H. Baker a,nd 60 otJ:J.er citizens of Wyandotte, in the State of Michigan; and a memorial from 

A. L. Porter and 41 other citizens of Henderson County, Illinois, to the same purport. I move their reference to the Committee on Finance. 

The motion WM agreed to. 

Mr. PRATT presentedJL memorial of the governors of the States of 

Ohio, Indiana, and Illinois, asking for the payment to their States 

respectively of the amount of what is known as the 2 per cent. land 

fund, due them from the United States; which was referred to the 

Committee on Public Lands, and ordered to be printed. 

1\Ir. SHERMAN presented the petition of N. F. Hi:llchcook ~n d other 

citizc:us of Junction City, Perry County, Ohio, -praying for the appoint-