5406 CONGRESSIONAL RECORD. JUNE 23, 

There is no paper that is circulated exclusively within the county 

of its publication; there is scarcely any paper that is located precisely 

within the center of its county. :Many of the e local papers circulate 

about equally in several counties. Hence you do not, by the action 

here proposed, exempt any newspaper entirely from postage, w bile 

you put an unfore een and very heavy tax upon the majority of them. In concurring with the Senate-in yielding the point of putting the 

rate at 2 cents-we are partly defeating the object of the movement. 

Prepayment of po tage is just and right; but there is thi con- sideration which you must look at: you may put your rate o high 

that you will defeat your object. When you fix the rate at 2 cents a ponnd or 40 a ton for pape1·s which in the majority of cases go but a comparatively short distance, only an exceptional few chculating 

hundreds or thousands of miles, you make it an object for all news- papers of any considerable · circulation-for all of them in fact-to 

avoid the mails aa much as po ible. Every publisher whose circulation is at all considerable and who can tp,ke ad vantage of railroad 

facilities will make an arrangement by the year with the express 

companie , which have shown them elves more liberal in this matter 

toward the newspapers than Uncle Sam. They will take the papers 

at lower rates and will on the avemge beat Uncle Sam in prompt delivery. Thus by this legi lation you induce the newspaper publishers 

to avoid to the utmost of their ability the post-office and seck arrangements with railroad companies or the express companies. If on the contrary you woulu fix the rate lower-if you would fix 

it as low as the House fixed it, 1i cents per pound, or1 cent per p01md as I think it should be, and for the country paper i cent, so that 

everybody would pay something, while the whole rate would be lowyou would get nearly the whole bnsines except where the newspapers might be compelled to take advantage of early trains or where 

the mails could not give them sufficient accommodations; and thus 

your aggregate revenue would be greater tha.n it will be under this 

arrangement. Besides that, you would avoid what it is always· de- simble to avoid in taxation-the 1mneces ary exasperation or worrying of those who are to pay the tax with a sense of inequality and 

injustiM. 

I think you ought to make all the papers pay postage; I do not 

think there is any justice in exempting any of· them entirely. But 

you should make the rate vm·y low for short distances, within the 

county or within a hundred miles of publicn.tion and larger for greater 

distances. I think there would be no difficulty in having rates dis- criminated as to distance. Let all the papers pay something; but 

make the rate so low that you will increase your revenue. As the 

law now stands you do not get one-half, I uppo. e you do not get one- fourth, of the postage you are entitled to. By fixing the postage at 

the low rates I am advocating you will offer an inducement to publi hers to make use of the mail and will very consiflerably increase your revenue, while at the same time this will be a more satisfactory 

form of taxation. In conclusion, let me say that I join with the cha.i.rman of tho con- ference committee [ 1r. TYNER] in emphatic condenmation of this 

whole business of attaching general legislation to appropriation bill . I have thought again and again during this se sion that if I should come here another session I would begin on the very first day and 

resist every proposition to pnt general legislation on appropriation 

bills. . I hope there may be adopted some joint resolution, some provision as rigid as can be made, to avoid the whole of H. Nothing but mi.- chief comes out of it. We have ten times the discussion on appropriation bills we ought to have or we would have if appropriations were only included which were authorized by law. We have only 

wrangles, disag1·eements between the two Houses, conference committees, and general eli atisfaction because of the abuse compla,ined of. 

Mr. SPEER. Let me ask the gentleman whether he did not vote 

to suspend the rules and allow the Choctaw claim to be placed upon one of the appropriation bills Y 

Mr. HAWLEY, of Connecticut. Quite likely I have sinned with 

the rest. It seemed to be the only way to get justice done to the 

Choctaws. We owe that money to the Choctaws just as much as the 

gentleman's washlng bill is due to his launclre s. Mr. SPEER. I have settled that bill, and so do not ow~ anything. 

Mr. HAWLEY, of Connecticut. Then change the illustration--as 

much due as his will be. 

Mr. TYNER. My colleague on the committee of conference, the 

gentleman from llli.nois, [.Mr. MARSHALL,] desires to be heard for a very short time. I have also promised to yield to the gentleman from 

Pennsylvania, [Mr. PACKER,] chairman of the Committee on the PostOffice and Post-Roads. · Mr. RANDALL. I suggest that we now adjourn, aa it only lacks 

five minutes of the expiration of this legislative day. 

Mr. TYNER. Very well. • And then, on motion of Mr. RANDALL, (at five minutes to eleven 

a.m.,) the Honse afljoorned. 

PETITIONS, ETC • . 

The following memorials, -petitions, and other papers were prese:£!ted 

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

By ?!f.r. AVERILL: The petitions of Eden, Prairie, and Miltona 

Granges, of Hennepin and Douglas Cotmties, Minne ota, for the pa -

age of the bill to aid in the construction of the Continental F1·ei o-ht 

Railway, to the Committee on Railways and Canals. 0 

By Mr. BARRERE: The petition of Morris Pinchouer, for a charter to construct a canal in Nevada, to the Committee on the Public 

LaDds. 

fly bir. BUNDY: The petition of 56 citizens of Columbiana County, 

Ohio, for the restoration of the 10 per cent. duty on certain imports, 

to t.he Committee on Ways and Means. 

By Mr. BURCHARD: The petition of citizens of Oregon, Ogle 

County, Illinois, for the pu age of the bill to aid in the construction 

of the Continental Freight Railway, to the Committee on Railways 

and Canals. 

By l'lir. BUTLER, of Massachusetts: The petition of Joseph Fuller 

for a pension, to the Committee on Invalit.l Pen ion . By .Mr. FORT: Three petitions Qf citizens of Illinois for the con- struction of a double-track freight railway from the Mi ouri River 

t.o tide-water on the Atlantic, to the Committee Oll Railways anu Canals. 

By_ Mr. HARRIS, of Yir~i_nia: The petition of Samuel Senger, of 

Rockingham County, V1rgnna., to be compensated for stock driven 

off by order. of General Shericlan, to the Committee on War CJ.a,ims. 

Also, the petition of Peter Ritchie, of Rockingham County, Virginia, 

of imil:1r import, to the sv.me committee. 

By Mr. HOUGHTON: The petition of :Mann l Ferrer ant.l his wife 

to be allowed to pro ecute an appeal in a land case in California, to 

the Committee on Private Lanu Claims. 

By l'lir. McCRARY: The petition of grange organizations of Iowa 

fo'r the construction of the Continental Freight Railway, to the Com~ mi ttce on Railways and Canals. 

By Mr. PLATT, of Virginia: The memorial of the board of trustees 

of public schools of Wa biugton, Di trict of Columbia, a king that 

the statue of Thomas J etferson, now located near the Executive Mansion, be tr~sferred to the grounds of the J e:ffer on school ·building to 

the Committee on Public HnUiling and Grounds. ' 

By Mr. PACKER: The memorial of H. T. McAlister in relation to 

his patented voting apparatus, to the Committee on Rules. . Al o, the petition of citizens of Sunbury, Pennsylvania, for a donatiOn of condemned cannon to ornament the g~·ounds surrounding a soldiers' monument in that place, to the Committee on Military Affvjr . 

Also, the petition of citizens of Sunbury, Pennsylvania, for an in- crea e of the volume of currency, to the Committee on Banking and 

Currency. 

Also, the petition of druggists of Northumberland County, Pennylvania, for a repeal of the stamp-tax on medicines, to the Committee on Ways and Means. 

Also, re olution of the Philadelphia County Medical Society in 

relation to promotions in the Medical Department of the Army, to 

the Committee on Military Affairs. . Also, re oluliions of the Daupllin County Medical Society, of similar 

natme, to the same committee. 

Also, numerous petitions of citizens of Pennsylvania, for the restoration of 10 per cent. of duty on certain imports, to the Committee on Ways and :Means. 

By Mr. PRATT: The petition of Prairie Gran~e, Wri~ht Cotmty, 

Iowa., for the construction of the Continental Frmght Rail way, to the 

Committee on Railways and Canals. 

By ~ir. ROBINSON: The petition of W. B. Brown ancl 54 others, for 

the pa sage of a law to secure the right of franchi e notwithstanding their temporary absence in Government employ, to the Committee on the J ndiciary. 

By Mr. SAYLER, of Indiana : Twenty-six petitions from citizens 

of fourteen States, containing 504 signature , for the passage of a law to authorize the manufacture of patent-right articles by others 

than owners of patent rights upon payment of a rea-sonable royalty 

thereon, to the Committee on Patent, . By Mr. YOUNG, of Kentucky: The petition of Elizabeth Rice for a pen ion, to the Committee on Invalid Pensions. 

IN SENATE. 

TUESDAY, June 23, 1874. 

The Senate met at ten o'clock a. m. Prayer by the Chaplain, Rev. BYRO~ SUNDERLAND, D. D. · Mr. R.Al'liSEY. I move that the reading of the Journal be dispensed 

with and that t he enate proceed to the consideration of the postroute bill. If that is not done, I would a soon have theJ ournal read. 

Mr. WASHBURN. I a k that the reading of the Journal be dispensed with. 

Tltere being no objection, the reading of the Jom"Dal was dispen. ed 

with. 

CLERKS AT SPRINGFIELD ARMORY. 

Mr. WASHBURN. There are two private bills that I should like 

to have dispo eel of. The first is House bill No. 1410, to fix the salaries of the clerks of the United State armory in Springfield, Ma a- chnsetts. 
_. ··-· 

1874. CONGRESSIONAL RECORD. 

Mr. FRELINGHUYSEN. I think the unfinished business of yesterday should come up. . The PRESIDENT pro tempore: The unfinished business will come up at the expiration of the morning hour, at eleven o'clo.ck. 

M:r. FRELINGHUYSEN. It is necessary that that bill should go 

to the House. I have no personal interest in it. It is a matter that 

affects every member of the Senate, and _I think it will ta~e n~ mo~e 

time now than it will at any other perwd. I do not think It will 

occupy more than half an hour, and I hope we shall proceed with it 

at once. . Mr. WASHBURN. These two private bills will not take a mmute. 

:Mr. FRELINGHUYSEN. So it was last night wl}en to accommo- date everybody I gave way, antl consequently the'-'bill was passed over. 

The PRESIDENT p1·o tentlJOre. The bill indicated by the Senator 

from New Jersey will come up of its own force at eleven o'clock. 

fu. FRELINGHUYSEN. I should like it to come up by force of a vote before that so that it may be passed before that time. 

The PRESIDENT p1·o tempm·e. The bill indicated by the Senator 

fTom Massachusetts being before the Senate, the Senator ~om N.ew 

Jersey moves to postpone the sa.me and proceed to the consideratiOn 

of the Utah bill. 

M:r. WASHBURN. I hope that will not be done. 

Mr. HAMLIN. Mr. President, there is a resolution upon the tahle 

reported by the Committee on Foreign Relations i~ regard t.o pe!l'ce, 

proclaiming peace and good will . to all men .. It Is not legtSlative; 

but there is to be a peace conventiOn held durmg the rece s of. Congress, and it is very desirab~e that yv-e should have an. express10~ of 

this body upon the resoluaon w~wh has bee!! sub~tted. ~ Is a simple resolution in accordance w1th the doctn~es la1d down m the 

ti·eaty of ·washington. I ask thu.t. thn.t . resolution may be taken up 

and passed. I think it will take no tim~ . 

The PRESIDENT p1·o tmnpm·e~ The question before the Sen:1te is on the motion of the Senator from New J ersey. ]')fr. HAMLIN. I ask unanimous consent to take up the resolution 

I have referred to. . M:r. FRELINGHUYSEN. I withdraw my motion for the present. 

The PRESIDENT p1·o ternpm·e. The bill indicated by the Sena~or 

from Mas achusetts being before the Senate, t?-e Se~ator from Mame 

asks unanimons consent to proceed to the consideratiOn of the resolution named by him. 

:Mr. WASHBURN. I hope not. 

lli. ILUILIN. It will not take a minute. 

Mr. WASHBURN. It will not take a minut.e to pass this bill. 

:Mr. HAMLIN. Very well. 

There being no objection, the Senate, as in Committee of the ~ole, 

proceeded to consider the bill (H. R. No. 1410) to fix the salanes of 

the clerks of the United States armory, in Springfield, Massachusetts. 

It provides that hereafter in lieu of the compensation now allowed 

to the clerks at the United States armory in Springfield, Massachusetts, including fuel and quarters, there shall be paitl to each an an- nual salary of 1,650. . . Mr. ROBERTSON. I should like to have this matter explamed. 

Are the clerks there entitled to more pay than at any other place 'f • 

Mr. WASHBURN. The Senate will not object, I am sure. Th.LS 

bill does not give them any more pay than they receive now, and does 

not raise their pay; but they are entitled to fuel and quarters, ~nd 

the officers at the armory sometimes want to use the quarters wh~ch 

they have. This bill merely provides tha~ the clerks. shall receive 

this pay instead of the fnel and quarters, if t~e supermtendent has 

not the quarters to give them. He wishes to_giVe the quarters to the 

officers. The bill is recommended by the supermtendent of the arm~ry, 

and also I'ecommended by the Ordnan?e Dep~~tment here. It g1 ~es 

no increase of pay, and only makes thiS proVIsiOn when the superm- teudent cannot furnish the quarters to the clerks. . . The bill was reported to the Senate, ordered to a third reading, 

read the third time, and passed. 

Mr. WASHBURN. There is a pension bill I should like to have 

pas ed, Senate bill No. 862. . . There being no objection, the bill (S. No. 862) granting a -pensiOn 

to Margaret S. Hastings, was consid~red as in Co~mittee of the ~ole. 

It provides for placing on the pens10n-roll,. subJect to the proVISIOns 

and limitations of the pension laws, the name of 1\f.rs. Margaret S. 

Hastings, widow of Charles B. Hastings, late a priv:tte in Co_mpany 

E, Forty-fifth Regiment Massachusetts Volunteers, and for paymg her arrears of pension from the date of the death of h~r husband to the 

time her present pension commenced. 

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

APPROPRIATION COMMITTEES. 

Mr. MORRILL, of Maine. I have a resolution relating strictly to 

the public service which will take but a mome~t. The Secret~-y of 

the Treasury desires its passage, and I ask for Its present consJderation: 

Resolved, (the House of Representatives concur-ring,) ~at the Committees on ~ppropriatious of the two Houses of COJ?g-re~s ~e authonzed to meet at the Ca.p~tol 

durin.,. th_ e recess of Congress to make rnqmry mto and report any method l?Y. which for~ may be made in the expP;nditures in the several !>~che~ of the mvil serv- ice, and the estimates of appropnations, and the appropnation b1lls. 

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

INTERNATIONAL ARBITRATION. 

Mr. HAJ\ILIN. Now I ask unanimous co:llsent to take up the reso- lution to which I have referred. 

There being no objection the Senate pro~eeded to CODf!ider the .following resolution reported from the Committee on Foreign Relations on the 9th of June : 

Resolved, That the United States, having at heart the cause o~ peace everywhere, 

and hoping to help its pemmnent establishment b~tween nations, hereby rec~m 

mend the adoption of arbitration as a jnst.and_practi_cal methodfo_r the dete~mma 

tion of interna.'ional difference , to be mamtarned smc~rely and rn go~d fa.I~ so that war may cease to be regarded as a prop rform of trml between natwn.s. 

The_resolution was agreed to. 

REPORTS OF PRL.~TING COl'fiMITTEE. 

Mr. ANTHONY from the Joint Committee on Printing, to whom were referred th~ followin<T resolutions and memorials, asked to be 

discharged from their furth~r consideration; which was agreed to: 

Resolutions of . the Hou e of Representatives to print additional 

copies of the report of the Commissioner of Agriculture for the years 

1872 and 1873 ; . . A memorial-of the executive committee of the board of comswn- ers of pilotaO'e of New J ersey, remonstrating against the passage of 

Senate bill No. 675 providing for the abolition of -the present system 

of compulsory pilotage ; . . . . A resolu--tion of the House of Representatives mstrncting the Jomt 

Committee ou Printing to inquire as to whether the Government 

Printing Office cannot be dispensed with; . . A memorial of the employing printers ~f yvashington remonstratmg 

a<Tainst printing by the Government Prmtmg Office;_ 0

A memorial of cit.izens of Buffalo, New York, to fix the cost and 

:price list of all publications under laws of Congre~s; 

A resolution to print seventy-five hundred CO:J?teS of the report of 

the Smithsonian Institution for the year 1873, With the amendment 

of the House of Representatives th~reto ; . . . 

A memorial of journeymen bookbmders of W ~hington, Distnct of 

Columbia, protesting agaiust a reduction of theu wages; . A memorial of journeymen pressmen ~letter-~ress prmte~s) of 

Washington, District of Columbia, protesting agamst a reductiOn of 

their wages ; . . . A memorial of the journeymen prrnters of W ~hington, rem.onstrating against the reduction of the wages of the JOUrneymen prmters at 

the Government Printing Office; and . . . A resolution offered by fu. MORRILL, of Marne, mstruc~mg the 

Committee on Printing to inquire into the. cost of I:eporting and 

printing the debates of Congress as the same 1s now bemg done. 

RA. YMO£ D'S MINING REPORT. 

1\h·. ANTHONY. The Committee on Pdnting, to whom was referred a resolution to print auditional copies of Professor Raymond's ep~:>rt 

on lnining statistics, haveinstructe?- me to report back the same With an amendment and to recommend Its passage. 

There being no objection the Senate proceeded to consider the reso- lution. · The amendment reported by the Committee on Printing was to make 

the resolution read : 

Resolve-d by tl!e House of Representatives, (the Senaw concurri"!-g,) Thato~ thereport 

of R. W. Raymond on mining statistics, with the acco_mpanyrn.g engravm~s, there 

be printed twenty-two hundred antl fifty copies, of which one thousand cop1es sha.ll 

be for the use of the Treasury Department, two hundred and fifty for the n.se of 

t.he Commissioner, and one· thousand copies shall be for sale at. the cos~ of paper and press-work, with an addition of 10 per cent. by the CongressiOnal Printer. 

The amendment was agreed to. . The resolution as amended was concurred m. 

MORSE MEMORIAL SERVICES. 

1\Ir. ANTHONY. The Comlnittee on Printing, to whom was re- ferred a resolution of the House of Representatives to print five 

thousand copies of the memorial services held in ~he Hall of the 

House of Representatives April16, 1872, on the occasiOn of the death 

ofthe.late Samuel.F. B. Morse, have instructe~me to report bac~ the same with an amendment. That amendment IS that the proceedmgs 

be printed. · fu. SIIERJ\IAN. They have already been printed in the Congressional Globe, I suppose. ]')h. ANTHONY. They were not proceedings of the body; they were proceedin<YS held in the Hall of the House. 

]')fr. SHERML~. I uo not think we ought to do it. 

:Mr. ANTHONY. Bein<T objected to, it goes over. The PRESIDENT pro t":~npore. The resolution will be laid over. 

EDUCA.TION REPORT. 

]')fr. ANTHO:NY. I r eported a resolution yesterday to print thereport of the Commissioner of Education. Our amendment was non- concurred in by the Honse of Representatives and a committee of 

conference asked. I thought it was so late that we had better have the sense of the Senate upon it. The Senate can either recede from 

its amendment or insist upon it without debatie. 

1\f.r. SHERMAN. I move that the Senate insist on its amendment.· 1\Ir. ANTHONY. And grant the conference 1 . . . Mr. SHER IAN. The Honse probably will agree to our propos1t10n. 

:Mr. ANTHONY. It would hardly be ·courteous to insisli anu refuse a conference. 
5408 CONGRESSIONAL RECORD. , DNE 23, 

Mr. SHERMAN. 

while. 

I have no objection if the Senator thinks it worth is perfectly IIL1>nifest that we cannot do auythino- further with it now I move that it be postponed till the first Monll~y in December next: 

Mr. ANTHO!I.TY. I move t.hen that the Senate insist on its runendment and agree to the committee of conference. 

The motion was agreed to. 

By unanimous consent the President p1·o tempore was authorized to 

appoint the conferee on the part of the Senate ; and Messrs. ANTHONY, 

HOWE, and SAULSBURY were appointed. 

COmUTTEE ON PRINT{ 'G. 

l\fr. ANTHONY. Congre has impo eel upon the Committee on Printing duties which cannot be eli char()" d during these sion of Congress, requiring their sup rvi ion of print~ng that goes on during the recess. }'or that purpo e, and not with any lle ire to hold meeting , but that we may exercise the authority which Congress imposes upon 

us, I offer the following re olution: 

Resolved by the Senate, (the House of Rl'presentatives concurring,) That the .Joint 

Committee on Public Printing i hereby authorized to sit timing the coming rece s of Congress. 

The resolution wa agreed to. Mr. ANTHONY. Now, not knowing what. will Lethe fate of thi re olution, I move that the Committee on Printing on the p:ut of the 

Senate have leave to sit during the recess. The motion was agreed to. 

MESSAGE FRO~! THE HOU E. 

A message from the House of Representatives, by Mr. McPHERSO .. , its Clerk, anuonn..;ed that the House ha<'l ili agr ed to the report of th 

committee of conference on the ili agreein~ votes of the two Houses on t he bill (H. R. No. 3572) to amend existmg cu toms an1l interna1-

l'evenue laws, and for other pm·po es, asked a further conference on the ilisagreeing votes of the two Houses ther on, and hall appointed 

Mr. HORACE MAYNARD of Tennes ·ee, Mr. HE~Y H. STA.RKWEATIIER 

of Conne~ticut, and Mr. JAMES B. BECK of Kentucky, managers at the same on Its part. 

The me age al o announced that the House had agreed to the report 

of the committee of conference on the ilisagreeing vote of the t"Wo 

Houses on the bill (S. No. 3415) to provide for the care and en tod 

of persons convicted in the Mmts of th~ United States who have or may become in ane while imprisoned, and to the report·of the committee of onference on the disagreeing votes of the two Hom~es on the bill (S. No. 733) r egulating ga -works. 

E~ ROLLED BILLS SIGNED. 

The message also announced that tl.Je Speaker of the Ron e ha1l signed the following enrolled bills; and they were thereupon signed 

by the Pre ident pro tempore : A bill (S. No. 436) for the relief of Lieutenant John Shelton; 

A bill (S. No. 930) to authorize the Farmers' National B:1uk of 

Greensbnrgh, Pennsylvan ia, to change its location and name; 

A bill (S. No. 906) to relieve C. L. Stevenson, of Viro-inia, of his 

political disabilitie ; 0 

A bill (S. No. 252) to remove the disabilities of J ohn Julius Guthrie· 

A bill (S. No. 313) to confirm the purchase of a portion of the site 

of Fort Houston, at Nashville, Tennessee, and to provide for the donation of the s~me to the Fisk University for educational purpo e ; 

al o to confirm m the purcha eof certain land at Fort Hamilton, New 

York; 

A bill (S. No. 32:') to remove the political clisabi1itie of Van R. 

Morgan, of Virginia ; · A bill (S. No. 277) making an appropriation for the payment of 

792.46 due the ]ate J arne L. Day, of Connecticut, for transportino· 

the mails over po t-route No. 8152 ; 0 

A bill (S. No. 443) to provide for the payment of legal services ren- dered.by Edmund Randolph to the United States; 

A bill (S. No. 552) to refund to E. &J. Koch certain customs duties· 

A bill (S. No. 875) for the relief of T1iomas Hughes; ' 

A bill (S. No. 849) to prevent .hazing at the Naval Academy; and 

A bill (S. No. 7) for the creatiOn of a court for thtl adjudication and 

disposition of certain moneys received into the Treasury under an award made .bY the tribunal of arbitration constituted by virtue of . the first articl of the ti·eaty concluded at Washington the th of 

May, A. D. 1871, between the United States of America aud the Queen 

of Great Britain. 

JESSE F. MOORE .AND CHARLES W. LEWIS. 

Mr. !I~RR~ION. I ask t? be allowed to call up an unobjected case which Will not take a mmute. It i Honse bill No. 2990. 

There being no objection, the bill (H. R. No. 2990) for the relief of 

Je e F. Moore and Charles W. Lewis, was con idered a in Commit.tee of the Whole. It directs the Secretary of the Treasury to pay 

to ~esse .F. Moore and Charles W. Lewis '1,041.0(), in full pay aud 

satLSfactwn for a lot of tobacco improperly ized at llacon GeorO'ia 

in November, 1867, from Jesse F. Moore, and sold Jannary :n 1§68' 

by J. C. :McBurny, acting a collector of internal revenne ad.tl th~ proceeds. of which have been covered into the Trea riry. ' 

The bill was reported to the Senate, ordered to a thirll I·eading 

read the third time, and pa sell. ' 

TARIFF .AND TAX BILL. 

Mr. SHERMAN. In regard to the tariff bill, (H. R. No. 3572,) a it 

The motion was agreed to. 

W A.SHINGTON .AND GEORGETOWN R.AIL}{OA.D. 

:Mr. ROBERTSON. I am in tructed by the Committee on the District 

of Columbia, to whom was refeiTed the bill (H. R. No. 3641) to amend an act entitled 'An a t to incorporate the Washington and G oro- -

to~vn Railroad Compa.n. ," approv:ed May 17, H372, to report the a~e w1thont amendment and ask that It be put on its pas ::we. There will 

Le no ohjection to the bill, I f el confident. 0 

Mr. SPENCER. I hall be obliged to object. 

The PRESIDENT p1·o tempm·e. The bill will be placed Oil the Calenclar. 

SALE OF INDIAN LANDS. 

Mr. INGALLS. I move to proceed to the consicleration of House 

bill No. 3352, reported from the committee of conference . . The motion wa agreed to · and the bill (H. R. No. 3352) to further 

provide for the ale of certain Imlian lamls in Kan as was con idered as in Committee of the Whole. 

:Mr. SHERMAN. I that bill subject to objection f 

The PRESIDENT p1·o tempore. It i not. Ir. DUCKING HAM. I hope there will be no objection. 

Mr. SHER~IAN. I think that Lefore a bill of this kind, involvinO' we know not how much lan<l: changing om· whole land laws allow~ ing land to be sold on credit, is pa-ssed it is d•1e to the Senate' at tlris 

periocl of the session, that it should IJe fully tm<ler tool no bill should 

pa . uow unlcs it is perfectly manife. ton the fa-ce of the bill that it 

should pass. I ask for an explanation. 

.Ir. ~GALLS. Thi matter bas been fullyexamined by both com- rmttees 111 the Honse and enate at tbi . e iou. Th bill receiv~ the 

COJ?m~ndation of the Department on Indian Aff'airs, and i open to no obJectwn whatev ron the gronn(l that the nator m ntion . 

. Mr. SRERl\~N. The Senator ought to be prepar d then to tell us, 

mther by a wntten or verbal statement, the number of acres. · Mr. ll'{GALL . Ther~ i a report accompanying th bill which ma.y 

be read, but there certamly can be no objection to the consideration 

of the bill. 

Mr. SHERMAN. I ask for the reading of the report. ~fr. SCOTT. It is entirely manifest that the oDly fair and just mode 

of proceeding this morning i to take tlp the Calendar under the Anthony rule and proce d with unobjected casfl ; otherwise there i!'! 

nothing but. a cramble for the floor; aud therefore I move to po tpone this bill aml proceed with the Calemlar under tb Anthony rule. 

.Mr . . 10RRILL, of Vermont. I boJ;le the .nator. from Penn ylva- ma w:ll allo~ J;Ue to call np enate bill No. 937 a b1.l1 of a public na- ture, m relatwn to the market company here, and pass it. It will take no longer than it will to read the bill. 

Mr. BCOTT. I have no control over it. There n,re lion. e bills that 

I shonld 1ike to have pa ell of a public nat1ue al o, out I desire to 

get something done. 

Mr. INGALL . There is a question pencling, I believe. 

Mr. B CKINGHilf. I be(J' leave to say a word on the question 

before the Senate. If I rememuer the facts connected with this bill 

they are simply the e : By Jaw pro ision was made for the sale of 

th e laud , orne two or thr years ago. Under that provision of 

law a few lands have 1Jeen old, and tho tl.tat ba e been have not 

been paid for; and this is a mere extension of time for the payment 

of tl.tose lands. Am I not ub tantially right¥ 

Mr. INGALLS. That is correct. · Mr. BUCKJNGHAM. I hope no one will obj ct to it. 

Mr. SKF:RMAN. If the report i here let it be read. 

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

the enator from Penn ylvania to posq)one the bill and take np the 

Calendar of unobject d case . The motion wa a.gt·eed to. 

The PRESIDENT pro tempore. The fir t bill on the Calendar will 

be read. 

fr. BOUTWELL. Now I move that we take up only Hons bills 

in the first place. 

The PRESIDENT pro tempore. Is there ol1jection to that UO'O'e tion 

Mr. STEW ART. I object. Let us go on with the Calen8~· x· gularlv. 

The PRESIDENT pm tempore. The question i on the motion of 

the enator from Massachusetts. 

The motion was-n.gre d to. 

JOA.B BAGLEY. 

The PRESIDENT pro tempore. The first House bill on the Calendar at t~e point where the Calendar ~as la t left off will be reported. 

The b1ll (H. R. No. 294) for the rehef of Joa.b Bao-ley was con idere<l as in Committee of the Whole. 0 

Th prdamble recite that it is allegell that on t-he 30th of eptemuer, 1858, nnller and by virtue of au act of CouO're s approved 

March 3 1855, land. waiTant No. 9G,l16, for one huud1~1l and twtmty acres of land, was 1Ssned to one James McAdory, and by him afterward dnly sold and a signed to Joab Bagley, a citizen of J e:ffer on County, Alab~ma, who, on the 21 t of Septemuer, 186:t, l cated the 

land waiTant lll the purcha e of the southwe t quarter of the southwest quat·ter and the south half of the northeast quarter of section 
1874. CONGRESSIONAL· REOORD. 54 on 

6, township 18, range 2 west, in the Tuscaloosa land district, Ala.-

bruna; which location is allegeu to have been made in good faith, 

but under a law (or pretended law) of the State of Alabama, authorizing the location of ]and warrants in that State; that it is alleged 

that the laud-w:urant has been lost or destroyed, and that the same has not been returned to or filed in the office of the Commissioner of 

the General Land Office, but that notic~ of the loss thereof has been 

given to the Commissioner. The bill therefore provides that upon 

the payment, by Bagley, of the minimum price to the proper officP.r 

of the Government of the United Sta.tes for the land named, e timating 

the warrant at its value, $1.25 per acre, the balance to be paid in cash, 

the title be confirmed in Bagley, his heirs a.nclassigns. 

The bill was reportell to the Senate, ordered to a thiru reading, 

read the thiTd time, and passed. 

CIVIL-SERVICE EXAMINATIONS. 

The next business on the Calendar was the joint resolution (H. R. 

No. 51) in relation to civil-service examinations. 

Mr. HITCHCOCK. I object. 

The PRESIDENT pro tempo're. The resolution will be laid aside. 

LA.I."'DS IN SCOIT COUNTY, MISSOURI. 

The next House bill on the Calendar wa-s the bill (H. R. No. 2187) 

authorizing and requiring the issuance of a patent for certain lands to 

the county of Scott, in the State of Missouri; which was considered 

as in Committee of tho Whole. 

The preamble recites that by the act of Congress entitled "An act 

to quiet the title to certain lands in the Sta,te of Missouri," :.tpproved 

December 27, 1872, certain lands therein mentioned were granted to 

the county of Scott, in the State of Missouri, which were not specifi- cally described, and that no provision for the issuance of a patent was made in the act. The bill, therefore, makes it the duty of the Commissioner of the General Land Office to cause a patent to be issued 

to the county of Scott, in the State of Missouri, for all the lands in- cluded in that portion of township No. 27 north, of range 12 east of 

the· fifth principal meridian, lying east of Settle River, as the same appears on the plat of survey on file in the Gonern.l Land Office. 

The bill wa-s reportecl to the Senate, ordered to a third reading, 

read the third time, and passed. 

JAMES L. COLUNS'S SURETIES. 

Mr. CONOVER. I have been trying for the past month with all 

the patience and modesty I possessed to get the attention of the Sen- , ate to two or three little unimportant hills that can be passed without objection, and I hope the Senate will allow me the privilege of 

calling them up now. Mr. BOUTWELL. I wish to do the same thing myself. 

Mr. CONOVER. The Senate knows that I have occupied its. attention but very little, and I hope it will lay aside the regular order 

and allow me to call up two or three bills that are unobjected to. 

The PRESIDENT p1·o tempore. Is there ohjection 7 

Ith. INGALLS. I object. The PRESIDENT pro tempore. The next bill will be reported. 

The next House bill on the Calendar was bill (H. R. No. 1939) for 

the relief of the smeties of James L. Collins, deceased; which was considered as in Committee of the W11olc. 

The first section releases Hamilton G. Fant, William Craig, JohnS. 

Wat,ts, Vincent St. Vrain, and William W. Mills, sureties of James L. 

Collins, deceased, upon his official bond as l<tte receiver of public 

moneys and as designated depositary at Santa Fe, New Mexico, their 

h eirs and legal representatives, from all liability on the bond, and 

from the judgment recovered thereon in favor of the United States. · The second section authorizes the Secretary of the Treasury, on final adjustment and settlement of the accounts of James L. Collins, 

deceased, late receiver and United States uesignated depositary of 

public moneys at Santa Fe, New Mexico, to pass to his credit the 

amount of money stolen from the United States depository at Santa 

Fe, New Mexico, after the murder of ·collins, on the night of June 5, 

1869, and for which a judgment was recovered in the district court of 

New Mexico in favor 'of the United States against Collins's sureties, or part of them, for $32,561.03, and $6,032.32 interest; and to pay to 

liis legal represent-atives such sum, not exceeding $1,168.18, as may 

li.e sh~wn to have been due and owing Collins at . the time of his 

I;P.urder. · · ~ The bill wa-s reporte-d to the Senate, ordered to a third reading, read 

the -t?ird time, and passed. . 

OSAGE INDIAN LANDS. 

The next House bill on the Calendar was the bill (H. R. No. 3088) 

to extend the time for completing entries of Osage Indian lands in · Kansas; which was considered as in Committee of the-Whole. By 

it-s terms all actual settlers upon the Osage Indian trust and diminished reserYe lands in the State of Ka.nsas will be allowed one year 

from the passage of the act in which to make proof and payment; 

but an purchasers who avail tlJemselves of this provision are to pay 

interest on the pmchase-price of their lands at the rate of 5 per cent. 

from the date when payment was required by previous laws t.o the 

dat-e of actual payment. 

The Committee en Indian Affairs reported an amendment to add to 

the bill the following proviso: 

And provided further, That no further extension of payment shall be granted than that provided for in this act, and that all occupanl:6 now upon sa.iu Osage 

339 

lands shall filo their application to :purchase the lands occupied by them within 

three months after the passage of this act, or forfeit all right or claim to the same. 

The amendmen't was agreecl to. · 

The bill was reported to the Senate as amended; and tho umen<lment was concurred in. 

The amendment was ordered to be engrossed, and the bill to be read a third time. 

The bill was read the third t~e, and passed. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. :McPmmso~, 

its Clerk, announced that the House had agreQd to the amendments 

of the Senate to the bill (H. R. No. 3581) to protect persons of foreign 

birth against forcible constraint or involuntary servitude. 

The message also announcecl that the House had passed the bill (S. 

No. 854) extending the right of way heretofore granted to the Alleghany Valley Railroad Company through the arsenal grounds at 

Pittsburgh, Pennsylvania. 

FEMALE ORPHAN ASYLUM. 

The next House bill on the Calendar was the bill (H. R. No. 3411) 

to amend an act entitled ''An act to incorporate the trustees of the 

Fema.le Orphan Asylum in Georgetown, and the Washington City Orphan Asylum, in the District of Columbia," approved May 24, 18'28; 

which was considered as in Committee of the Whole. It proposes to 

amend section 3 of an act entitled "An act to incorporate the trustees 

of the Female Orphan Asylum in Georgetown, and the Washington 

City Orphan Asyl1.1m, in the District of Columbia," approved May 24, 

1820, so as to authorize these corporations, or either of them, to in- crease the annuaJ. income of property acquired or to be acquired by 

either to a sum not exceeding $25,000 per annum. The bill was reported to the Senate, ordered to a third reading, read · the third time, and passed. 

COLlThiBIA RAILWAY CO::\IPANY. 

The next bill on the Calendar was the bill (H. R. No. 3154) amend- atory of the act to incorporate. the Columbia Railway Company of 

the District of Columbia, approved May 24, 1871. 

Mr. ANTHONY. Is there not an error in that bill~ I notice the 

date of a law is given as at a time when I think Congress was not in 

session- May 24, 1871. 

Mr. STEW ART. I should like to have some explanation of the hill. 

What is meant by "noiseless propelling power T" 

Mr. HITCHCOCK. I object to its consideration. The PRESIDENT pro tempore. The bill will be laid aside. 

JOSEPH J, PETRI. 

The next House bill on the Calendar was the bill (H. R. No. 1579) 

for the relief of Joseph J. Petri. 

Mr. SCOTT. That will lead to discussion. I object to it. The PRESIDENT p1·o tempm·e. The bill will be laid aside. 

CO!Th"'ELIUS S. UNDERWOOD. 

The next House bill on the Calendar was the 'bill (H. R. No. 1193) 

for the relief of tho estate of Cornelius S. Underwood, deceased, late 

major and additional paymaster United States Army. 

Mr. HITCHCOCK. I object to that. 

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

WILLIAl\1 GREEN. 

The next House bill on the Calendar was the bill (II. R. No. 3176) 

for the relief of William Green. 

Mr. ROBERTSON. I object to the consideration of that bill. 

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

JAMES LILLIE. 

The next House bill on the Calendar was the bill (H. R. No. 2088) 

for the relief of James Lillie, postmaster at Lisbonville, Ray Countv, 

Missouri; which was considered as in Committee of the Whole. it 

directs the Auditor of the Treasury for the Post-Office Department to 

credit, in the account of James Lillie, as posmaster at Lisbonville, Ray County, Missouri, the sum of $~2.26, being t.l.w Yalue of stamps and 

stamped envelopes destroyed hy fire in that post-office on the 19th of 

Jannary, 187:{, without negli~ence on the part of the postmaster. The bill was reported to t11e Senate without amendment, ordered 

to a third reading, read the third time, and passed. 

PROTECTIO~ OF LINES OF TELEGRAPH. 

The next House bill on the Calendar wa,s the bill (H. R. No. 3432) 

to protect lines of telegraph constructed or used by the United Stat-es 

from malicious injury aud obstruction; which was considereda.s in Committee of the Whole. It declares that any person or persons who shall 

willfully or ~alicionsly injme o~ d~stroy any of the works or property or matenal of any telegraphic line constructed and owned, or in 

process of construction, by the United States, or that may be hereafter constructed and owned or occupied and controlled by the United 

States, or who shall willfully or maliciously interfere in any way with 

the wo!~ng or use of any_ such telegraphic line, or wh~ shall willfuJly 

or m~lic~ously obstruct, hinder, or d<:la~ the transrnisswn of any com- mumcation over any such telegraphic hne, shall be deemed guilty of a misdemeanor, and, on conviction thereof in any district court of the 

United States having jurisdictio_n shall be punished by a fine of not 

less than 100 nor more than $1,000, or with imprisonment for a term 

not exceeding three years, or with both, in. the discretion of the co1trt. •. 
'· 

5410 CONGRESSIONAL RECORD. J UNE 23, 

The bill was reported to tho Senate without amendment, ordered 

to a third reading, read the third time, and passed. 

JOHN HENDERSON. 

Tho next House bill on the Calendar was the bill (H. R. No. 1955) 

for the relief of John Henderson, of New Orleans. 

Mr. HITCHCOCK. I object to that; it was reported adversely. 

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

GEORGE A. •SCHREINER. 

The next House bill on the Calendar was the bill (H. R. No. 2997) 

for the relief of George A. Schreiner. 

l\lr. SPRAGUE. That is reported adversely also. Let it go over. 1\lr. MORRILL, of Vermont. That bill might. as well be indefinitely 

po tponed. 

1\fr. WRIGHT. It had better remain on the Calendar. The Sena- tor from Kru1sn.s [1\Ir. HARVEY] ha-s it in charge. 

BURKE & KUNKEL. 

The next HoUBe bill on the Calendar was the bill (H. R. No. 2349) 

for the relief of Burke & Kunkel; which was considered as in Committee of the Whole. It authorizes and directs the Secretary of the 

Treasury to pay to Burke & Kunkel 3,849, being amount of pig-iron 

taken by the agent of the Treasury Department by mistake as con- federate property, July 18, 1855, and being the net proceeds covered 

into the Treasury of the United States to the credit of the captured 

and abandoned prope1·ty fund. The bill was reporte(l to the Senate without amendment, ordered 

to a third reading, read the third time, and passed. 

LOUISA ELDIS. 

The next House bill on the Calendar was the bill (H. R. No. 2891) 

for the relief of Mrs. LouisaEldis, of Sandusky, Ohio; which waa con- sidered as in Committee of the Whole. It directs the Secretary of the 

Treasury to pay to 1\Irs. Louisia Eldis, of Sandusky, Ohio, $691.83, in 

full compensation for lo ses sustained by the o.ccup:1.ncy of her stone 

building in Sandusky, Ohio, by the One hundred and third Regiment 

of New York Volunteers during the mouths of January, February, 

1\Iarch, and April, 1864. 

The bill was reported to the Senate without amendment, ordered 

to a third reading, read the third time, and'pasiOd. 

E. CAROLL."ffi WEBSTER. 

The next House bill on the Calendar was the bill (H. R. No. 1305) 

granting a pension to E. Caroline Webster, widow of Lucius H. W ob- ster; which was considered as in Committee of the Whole. It directs 

the Secretary of the Interior to place on the pension-roll, subject to 

the provisions and limitatioUB of the pension laws, the lli'tme of E. 

Caroline Webster, widow of LuciUB H. \Vcb t.er, late a private in 

Company H, Seventh Regiment Michigan Cavalry Volunteers. The bill was reported t,o the Senate without amendment, ordered to a third reading, read the third time, and passed. 

JAMES COATS. 

The next House bill on the Calendar was the bill (H. R. No. 104) 

for the relief of James Coats, of Jaekson, 1\Iississippi; which was con- sidered as in Committee of the Whole. It authorizes the Secretary of 

the Treasury to pay to James Coats, of J aoksou, 1\Iississippi, S93G.70, 

in full for labor and repairs and materials ancl furniture furnished to 

the United States court-house at J a.ckson, 1\Iississippi. 

'rho bill was reported from the Committee on Claims with an amendment in line 6 to strike out "$936.70" and insert "$300." 

Tho amendment was agreed to. 

The bill was reported to· the Senate a.s amended, and the amend- ment was concurred in. 

It was ordered. that the amendment be engrossed and the bill rea-d a. third time. · The bill was reoo the third time, ancl passed. 

'\ 

SUNDRY CIVIL .A.PPROPRJ.A.TIO~ BILL. 

Mr. MORRILL, of Maine, submitted the following report : 

The committee of conference on the tlisa~eeing votes of the two Houses on the 

amt'ndmonts of the Senate to the bill (H. R No. 3600) making appropriations for 

sundry civil expenses of the (}Qvornmont for tho fiscal yo.'tr oudin" June 30, 1875, 

and for other purpose , having met, after full a.n<l free conferoneo 'have agreed to recommend, nnu do :r:ecommenil, to their respecti\o Houses as follows : That tlie Senate rececle from their a.mon.dments Qnmbered 7, 14, 15, 20, 32, 39, 44, 

46, 49, 501 51, a2, 54, 59, 70, 80, 84, 8G, 89, 96, 101, 102, 103, 104, lOG, 114, anu 121. 

That tue Honse receclefrom their disal£'_eement to the amendments of the Senate 

nnmberecl 3, 26, 27, 34, 38, 40, 43, 47, 48, ~. 55, 60, 64, G6, 73, 7£, 83, 85, 88, 90, 91, 9-2, 

93, 98, 100, 105,'107, 108, 109, 110, 112, 115, 117, and 118; and agree to the same_ That the Honsereoode from their disagreement to the amendment of the Senate 

numbered 5, and agree to the same with an amendment n.s follow~:~: Strike out trlter . the word " clerks" in line 3 of said amendment all down to the end of line 4, and 

strike out " sixteen thommnd one" and insert in lieu thereof " thirteen t.honsand 

seven;" nnd the Senate agree to the same. That the House reOO<le from theiP amendments to the amendments of the Senate 

numberecl 9. 10, and 81, and agree to the same. That the Senate recede from their disagreement to the amendments of the House to the amendment numbered 13, an.d agree to the same with an amenllment as fol- tows: After the word "necessary" in line 4 of said Honse amendment add the 

following: "for the fol<lin:,-room of the House;" an.d the House a~ to the same. That the House recede rrom th ir disagreement to the a.menclment numbered 

16, and agree to the samo with an amenclment a.<> follows: Add at the end of saiu 

n.mendment tbe words: 

"Provided, Tbat the same shall be erected under a contract, the runotmt to be paid unllet which shall not exceed $40,000." All(l the Senate agree to the same. 

That the House recede from their clisagreement to the amendment num bored 17, 

and agree to the same with an amendment striking out the w01·d "fi.ftoon" and inserting in lieu thereof tho word "ten;" and the Senate agree to the same. That the Senate recede from their disagreement to tho amendment of tho llou!le to the amendment numbered 22, and agree to the same with an amendment as follows: After the word "five" in line 9 of said amendment add. tho-words "and for 

temporary clerks in the Treasury Department~ $40,000 ;" and strike ou't the woTtl 

"tblB," at the end of the line, and insert the wonl " these," and add to the wor,l 

"amount," at the beginning of line 10, the letter "s," and at the end of saitl amontl- ment add the following: "and so much n.s may be nece ary to enable the Sccrctm·y of tho Treasury to carry into oftect the joiut re olution for the rolief of cert.aiu 

clerks II.Dd employes of the United taros, approved June 2'2, 1874, is hereby appropriated;" an!l the House a~roo to the same. That the Senate recetle from thoir disagreement to the amendment of the House to tho amendments numbered 28 nnd 7G, and agree to tho same. That the House rece~le from their disagreement to tho amendment numbered 35, 

and agree to the same with an amon~ent as follows: Strike out tho word "eighty'' 

and insert in lion thereof the word 'flixty;" aml tho Senate a!!l'ee to tho same. That the Senate recede from their clisa.grooment to the amendment of the House to the amendment numbered 45, and agree to tho same. That tho Honse recede from their disa,<TI"ecment to the amendment numoorCfl G2, 

and agree to the same with an amendment substituting the word "Neversink" for 

the- word proposed to be inserted ; and the f5tJnate agree to the same. That the Sonata recede from their amendment numbered 63, with an amendment 

substituting forfheword "Nav~.: iuk" inline8,page 27of the bill, the word "Neversink;" and tho Honse agree to the same. That tho Honse recede from tbeir amendment to the amendment numborocl 77, 

and a..,roe to tho same. That the Honse recede from their amendment to the amendment numbered 79, 

and asn-oe •.o the same. That the Ilouso recede from their tlisagroement to tho amendment nnmbere<l 87, 

aufl a{,'TOO to tho same with an ammulment as follows: Strike out all of said am~•lment after the word "available" iu line 5 of sahl runenument; and the Sena.to :t.,OTOO to tho same. That the House recede from their disagreement to the runemlment numbered 94, 

and agree to the same with an amendment n.s follows : Strike out tho word.'! "one 

hundred·· and insert in lieu thereof tho word "fifty; " and the Senate agree to tho same. That the Honse receue from their clisagreement to the amendment numbered 95, 

II.Dd a!!l'ec to the same with an amemlment n.s follows: Strike out of said amentl- ment all after the word "for" in line 21 down to and including the word "enla.rgo" 

in line 3, and snbstitur,e the woril "of" in lien of "for" in sam line, and strike out the words "and perfect the central building" in line 4,and strike o.fftheletter "s" 

from the word "accommodations" in line 3; and tho Senate agree to the same. That tho House recede from their ilisagroement to the amendment numbered 99, 

and a.gree to the same with an amendment as follows: Insert in lieu of the Jlroposetl words the followin ' a-s a ubstitute 1 

Provided, That tho Raid bniltling may be built of soone, and ij.s cost, exclusive 

of tho cost of site, shall not exceed $200,boo. 

And the St>nat~ agree to tbe same. • That the Honse 1'\lcedofrom their <lisagreement to the amendmontnumbere.d 111, 

and a?'ee to the same with llil amemlment as follows: Add at the eml of the amenumont the worlls "which shall be the entire cost of aid building; " antl tho , Senate agree to the s:tmo. That the llou receuc from their di agreement to the amendment numberetl 97, 

and a!!I'CO to the same with an amendment as follows: St1iko out in line G of tho amen~ent the wonl "the" and insert in lien thereof the word "sucb," n.ncl~:;trike out lines 7, 8, 9, and 10 of the-amendment and insert in lion theroof tho following: 

"As the Secretary of the Navy may deem necessary for the public sernoe." 

That the House r ecede from their disagreement to the a.menclmentnumbered 113\ 

and to agree tbesamewith an amendmentn.s follows: After the word "restrictions,' 

in line 6 of saill amendment, insert the words "n.s to materials;" and the Senate 

agree to tho same. That the Honse recede from their disagreement to the amendmentnumberec1116, 

and a,.ree to the same with :m amendment as follows: Strike out tho word" five," 

in line 3 of said amendment; and the Senate agree to the same. That the House recede from their disagreement to the amendment numbered 

119, and the Senate recede from that portion of their amendment which proposes to insert new matt~r; an<l the House ancl Senate agree to tho same. That the Honse recede from their disagreement to the amendment numbered 120, 

and agree to the same with an amendment as follows: Strik out the word "five,., 

in line 10 of said amendment, and insert in lieu thereof the word "four;" and the 

Senate agree to the same. 

The report was conclllTedin. 

LOT M. MORRILL, A. A. SA.RG ENT, J . W. STEVENSON, 

Manaoers on the part of the &'1tate. 

JAMES A. GARFIELD1 EUGENE ITALE, 

WILLIAM E. NIBLACK, 

Ma.nq,gers on t1w part of t1w House. 

:E. L. WINDER. 

The bill (H. R. No. 3254) to relieve the persons therein named of 

their legal and political disabilities wa-s considered as in Committee 

of the Whole. It provides that all the legal and political disabi1it.ics 

imposed by the fourteenth amendment of the Constitution of the 

United States on E. L. Wincler and A. W. Stark, citizens of Norfolk, 

Virginia, late lieutenants in the United States Navy, are removed. The bill was reported from the Committee on tho J udiciary with an amendment in line 4 to strike out tho words "legal and;" in lino 

6 to strikeout the words "and A. W. Stark, citizens;" and in line 7 to 

strike out "lieutenants" aud insert "lieutenant;" so o.s to read : 

That all the political disabilities imposed by the fourteenth amendment of the 

Constitution of the United Stat son E. L . Winder, of Norfolk, Virgini~ late lien- tenant in the United States Navy, be, and the same are hereby, removed. 

The amend.i:nent wa-s agreed to. 

The bill was reported to the Senate as amended, and the amend- ment waa concurred in. It was ordered that the amendment be en- grossed and the bill be read a third time. 

The bill was read the third time, and pas ed, two-thirds of the 

Senate voting in favor thereof. 

The title waa amended so as to read, "A bill to relieve E. L. Winder 

of his political disa.bilities." 

Mr. SPRAGUE. I move that the morning hom be cxtel'l.d 'Cl h:ili an hour. 
l 

\ 

1874. CONGRESSIONAL RECORD. 5411 

Several SENATORS. Ext.end it an hour . . Mr. SPRAGUE. I do not object to that. 

Several SENATORS. I object. 

Mr. DAVIS. Is the motion in order f 

The PRESIDENT pro tem,pore. The Chair thinks the motion is in 

order. 

Mr. RAMSEY. On the same matter the Chair once ruled that a 

single objection would carry it over. The PRESIDENT pro tempore. The question is on the ·motion of 

the Senator from Rhode Island to ext.end the morning hour one hour. 

The motion was agreed to. 

RICHARD T. ALLISON. 

The next Honse bill on the Calendar was the bill (H. R. No. 3253) 

to remove the political disabilities of Richard T. Allison, of Maryland; which was considered as in Committee of the Who1e. 

The bill was reported from the Committee on tho Judiciary with 

an amendment to strike out the words "all legal" and insert ''the," 

so as to read : 

That the political disabilities imposed, &o. 

The amendment was agreed to. 

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

It was ordered that the amendment be engrossed and the bill be 

read a third time. 

The bill was read the third time, and passed, two-thirds of the 

Senate voting in favor thereof. 

SARDINE G. STONE. 

The next House bill on the Calendar was the bill (H. R. No. 3172) 

to relieve Sardine G. Stone, of Alabama, of political disabilities ; 

which was consider8{1 as in Committee of the Who1e. 

The bill was reported from the Committee on the J udici~ry ~th an amendment in line 3, to strike out the word "all," and m hue 4 to 

strike out " and legal " and insert " the," so as to read : 

That tho political disabilities, &c. 

The amendment was agreed to. 

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

It was ordered that the amendment be engrossed, and the bill read 

a thu·d time. 

The bill was read the third time, and passed, two-thirds of the 

• Senate voting in favor thereof. 

J. W. BENNETT • 

. The next House bill on the Calencla.r was the bill (H. R. No. 3091) 

to release J. W. Bennett from political disabilities; which was considered aa in Committee of the Whole. 

The bill was reported from tho Committee on the Judiciary with 

an amendment to insert after the word " all," in line 3, the word 

" political," so as to read: 

That all political disabilities imposed, &c. 

The amemlment was agreed to. 

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

It was ordered that the amendment be engrossed and the bill read 

a third time. 

Tho bill was read the third time, and passed, two-thirds of the 

Senate voting in favor thereof. 

L. L. WMAX. 

The next House bill on the Calendar was the bill (H. R. No. 340S) 

to relieve the~political disabilities of L. L. Lomax, of Virginia; which 

was considered as in Committee of the Whole. 

The bill was reported to the Senate without amendment, ordered 

to a third reading, read the third time, and passed, two-thirds of 

the Senate voting in favor. thereof. 

GEORGE E. PICKETT. 

The next House bill on the Calendar was the bill (H. R. No. 3086) 

to remove the political disabilities of George E. Pickett, of Virginia; 

which wa-s considered as in Committee of the Whole. 

The bill removes all political disabilities imposed upon Georae E. 

Pickett, of Richmond, Virginia, by the act of J nly 2, 1862, and the 

fourteenth amendment to the Constitution of the United States. 

Mr. FRELINGHUYSEN. I move to strike out the words "the act 

of July 2, 1862, and." · The amendment was agreed to. 

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

It was ordered that the amendment be engrossed and the biU read a third time. 

The bill was read the third time, and passed, two-thirds of the 

Senate voting in favor thereof. 

A. S. TAYLOR. 

The next House bill on the Calendar was the bill (H. R. No. 3027) to remove the disa.bilities of Van Ranselear Morgan, Thomas M. Jones, 

and Chades M. Fauntleroy, of Virginia, and A. S. Taylor, of Mary- land ; which was considered as in Committee of the Whole. · The bill was reported from t,he Committee on the Judiciary with 

amendments in line 3 a~r "that," to strike out the word " all ;" in 

line 4 strike out the words "1egal and;" in lines 5, 6, and 7, strike 

out the words "Van Ranselear Morgan, Thomas 1\f. Jones, and Charles 

M. Fauntleroy, citizens of the State of Virginia and on;" so a-s to 

read: 

Tha.t the political disabilities imposed by the fourteenth amendmel!.t to the Con. 

stitut.ion of the United States on .A.. S. Taylor, a citizen of the State of Maryland, be, and the same are hereby, removed. , 

The amendment was agreed to. 

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

It was ordered that the amendment be engrossed Mld the bill read a third time. 

The bill was read the third time, and passed, two-thirds of the 

Senate voting in favor thereof. 

The title waa amended so aa to read: "A bill to remove the political disabilities of A. S. Taylor, of Maryland." 

JOSEPH WHEELER. 

The next House bill on the Calendar was the bill (H. R. No. 3406) 

to relieve Joseph Wheeler, of Lawrence County, in the State of Alabama., from all legal and political disabilities imposed by the fourteenth amendment to the Constitution; which was considered a.s in 

Committee of the Whole. 

The bill was reported from the Committee on the Judiciary with an amendment in line 4, to strike out the words " legal and." 

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

It waa ordered that the amendment be -engrossed and the bill read a third time. 

The bill was read the third time, and passed, two-thirds of the 

Senato voting in favor thereof. 

The title was amended so as to read : "A bill to relieve Joseph 

Whocler,· of Lawrence County, in the State of Alabama, from all 

political disabilities imposed by the fourteenth amendment to the 

Constitution." GEORGE N. HOLLINS. 

The next House bill on the Calendar was the bill (H. R. No. 3252) 

to remove the political disabilities of George N. Hollins, of Maryland; 

which was considered as in Committee of the Whole. 

The bill was reported from the CQlDmittee on the Judiciary with an amonclment, in Jines 3 and 4 to strike out the words "all legal 

and" and insert "tho;" so as to read: 

That the political disabilities imposed, &e. 

The amendment was agreed to. 

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

It was ordered that the amendment be engrossed, and the bill read a third time. 

The bill was read the thll·d time, and passed, two-thirds of the 

Senate voting in favor thereof. 

STAMPING OF DOCUMENTS. 

The next House bill on the Calendar wa-s the bill (H. R. No. 3413) 

to provide for the stamping of nnstampedinstrument'3, documents, or papers; which was considered aa in Committee of the Whole. It provides that all instruments, documents, and papers heretofore ma-de, 

signed, or issued, and subject to a stamp duty or tax under any L'tw 

heretofore existing, and remaining nnstamped, may be stamped by 

any person having an interest therein, or, where the original is lost, a copy thereof, at any time prior to the 1st of January, 1878. Such 

instruments, documents, and papers, and any record thereof, shall be 

a.s vali-d, to all intents and purposes, as if stamped when made, signed, or issued; but no right acquired in good faith before the stamping of 

such instrument, document, or paper, or copy thereof, shall in any man- nerbe affected by such stamping. 

The bill was reported from the Committee on Finance with amendments. 

The first arilendment of the committee was in line 9 to strike out 

" 1878" and insert "1876," so as to read " at any time prior to the 1st 

of Jan nary, 1876." 

The amendment was agreed to. 

The next amendment wa-s in lines 12 and 13, after the word "faith," 

to strike out the words "before the stamping of such instrument, document, or paper, or copy thereof ;" so as to read: 

But ~o right acquired in good faith shall in any manner be afi'ected by such 

stamping as aforesaid." 

The amendment was n.~ed to. 

The next amendment was to insert at the end of section 1 the following proviso : 

Provided That to ronder such stamping valid, the person desiring to stamp the 

the same shall appear with the instrmnoot, document, or paper, or copy thereof, 

before some judge or clerk of a court of record, and before him affi..'C tbe proper 

stamp ; and the said judge or clerk shall indorse on such writing or copy a certifi. 

cat.e, under his hand wlien maue by said judge, and under his bil.nd and seal when 

made by Raid clerk, settintr forth thedateatwhich, and the place where, the stamp was so affixed, the name of the person presenting sahl writing or copy, the fact that 

it. was thllS affixed, and that the stamp was dnly canceled in his presence. 

The amendment was agreed to. . The bill wua reported to the Senate as amended, !l>Dd the amendments were concurred in. 
5412 CONGRESSIONAL RECORD. JUNE 23, 

It was ordered that the amendments be engrossed and the bill read • 

a third time. 

TJ1e bill was read tho third time, and pas.sed. 

ORDER OF BUSINESS. 

Mr. FRELINGHUYSEN. I call for the r gular order. 

Mr. DAVIS. The morning hour has been extended by a vote of tlJe 

Senate. The PRESIDENT p1·o tempm·e. The morillng hour ha8 been ex- tended one hour by a vote of the Senate. 

.Mr. FRELINGHUYSEN. I rise to :t point of order, that that can- not be dono; that it requires one day~s notice to ch:wge a rule of the 

Senate. 

The PRESIDENT p1·o tempm·e. That objeeti~n would have been 

considered if made when the motion was made to extend the morn- ing hour, but it was not. 

Mr. FREL:L~ HUYSEN. I did object when the motion was made. 

The PRESIDENT p1·o tempore. The Chair did not he:1r the objec- tion. 

Mr. FRELINGHUYSEN. The Chair I think stated that one objection was made and then put the vote. The PRESIDENT p1·o tmnpo1·e. The Chair understood a single objection was made and then put the vote; but the Chair did not understand the Senator to raise any point of order. 

Mr. F~ELINGHUYSEN. The point of order could not properly be 

made until I ha-d au opportunity to call up the bill. 

The PRESIDENT pro tempore. If the motion was out of order the 

Senator should have raised the point of order when tho motion was made. The Senator not h:bving done so then, it is too 1-tte to raise the 

point of order now. The ne:x:i House bill on the Calendar will be 

t·eported. JOHN FORSYTH. 

Mr. GORDON. There is a House bill removing the disabilities of 

John Forsyth, of Alabama, which I desire taken up. I wish to state 

to the Senate that by mistake of the Judiciary Committee the Senate 

bill was reported instead of the House bill. They were both before 

the comJ?Jittec and the committee's intention was to report the House 

bill, but instead of that they reported _the Senate bill, an<). I simply 

ask to substitute the one fur the other. The PRESIDENT p1·o tmnpQre. When the bill bas ueen reached on the Calendar the Senator can make that motion. 

Mr. GORDON. It has been reached and passed this morning. It 

is House bill No. 2702. 

The PRESIDENT pro ten~por~. The Senator from Georgia asks 

unanimous consent to substitute the Honse bill which is in the ~:;ame 

language as the Senate bill which was passed this morning. Is there 

objection i' The Chair hears none. The bill (H. R. No. 2702) to relieve John Forsyth, of Alabama, of 

political disabilities was read. 

Mr. SPENCER. I object to the consideration of ~hat bill. 

Mr. GORDON. It is a mere matter of form, ahd the committee 

unanimously recommend it. The PRESIDENT pro tempore. Is there objection to substituting 

this bill in place of the one passed this morning f 

Mr. SPENCER. I object . :Mr. GORDON. Then I appeal to the Se-nate to move that thjs bill 

be substitutedforthe other. The whole committee have recommended 

it unanimously. Mr. CLAYTON. There has been no such bill pa ed. 

Mr. GORDON. It is a mere matter of form. 

Tho PRESIDENT p1·o tempore. The Senator from Georgia is mistaken as to matt.er of fact. The Senate bill did not pass the Senate. 

Mr. GORDON. The Chair misunderstood me. The committee intended to report the Honse bill. TheT were both before the committee; and they by mistake reported the Sen:1te bill. 

The PRESIDENT p,.o teutpore. Is the1e objection to the passage 

of this bill! . Mr. SPENCER. We are proceeding under the.A.nthpny rule, as I 

understand, and a single objection will carry the bill over. I object 

to its consideration. 

The PRESIDENT pro tempm·e. The bill will ue laid aside. 

JOfu~ J . HAYDEN. 

Th~ next House bill on the Calendar was the bill (H. R. No .. 2798) 

for the relief of John J . Hayden, which was considered a8 ia Committee of the Whole. It directs the Secretary of the Treasury to pay 

to-John J. Hayden 150· in full compensation for services rendered by 

him for the United States in the year 1 64, in the office of John H. _Farquhar, captain in the Nineteenth Regiment United States Infantry, 

n,nd mustering and disbursing· officer at Indianapolis~ Indi:1n-a, in rela-_ 

tion to the draft accounts of that State. 

The bill -was reported to the Senate without amendment, ordered 

to a third reading, rea.d the third time, and pas ed. 

OLIVER P . MASON. 

The next House bill on the Calendar was the bill (H. R. No. 763) -for the relief of Oliver P. Mason, which was considered as in Committee of the Whole. It appropriates 787.50 for the payment of 

OliYer P. Mason for services rendered as n.ssistant _llrovost-mn,rshal in 

the Department of Kansas. 

The uill was reported to the Senate without amendment, ordered to a third reading, re:.td the third time, and passed. 

.HOLMES WIKOFF. 

The ~~xt House bil~ on the CaleD:dar was the bill (H. R. No. :l006) 

anthonzmg tbe Pres1dcnt to nommate Holmes Wikoff an as istant 

surgeon in the Navy. :Mr. EDMUNDS. What committee reported that f 

The PRESIDENT 1Jro tempore. The .Committce on Naval Affairs. 

1\fr. EDMlTh"'DS. Is there a report f 

1\fr. CLAYTON. I object to the consideration of the bill. 

Mr. CONOVER. I hope that bill will not be laid aside. Tbcro i n~ objection t.o it. It was.repor~ed unanimously by the Naval Commlttee. It does not reqmre any report. It simply authorizes the ·President to nominate :Mr. Wikoff an assistant surgeon in the Navy. The PRESIDENT 1J1'0 tempore. Is the objection wit.bdrawn f. '.rue 

objection is not withdrawn. The next bill on the Calendar will be 

reported. 

WILLIAM I . BLACKISTON. 

The ?ext .Ho!1s~ bill on the .C:1lendar '!'as the bill (H. R. No. 554) for 

the. relief of W~ham I. Bl~ck1ston, .of Samt Mary's Connty, Maryland, 

whiCh was cons1dered as m Comm1ttee of t.ho Whole. It directs the 

Secretary of the Treasury to pay to William I. Blo:'l.okiston !J72 in 

full for services as a board of trade, in Saint Mary's County M~ry- land, from December 15, 1 52, to September 15, 1863. ' 

Mr. EDMUNDS. "For services as a boa,ruof trade'" I think that 

ought to have some explanation. 

Mr. SCOTT. ·I will explain that, and I hope ther e will be no obj ection t<_> this bill. That man is the shadow of a former vigorous man. His propertywa8 devoted. to the Union cause in .1\bryla.ml aucl 

he was appointed an agent for the purpose of preventino- contrabanu 

trade under the regulations of the Treasury Department. Fees were authorized to be given to him for the services he rendered bnt they 

amounted only in the ourse of this time to auont twe~ty-.fi.ve or thirty doll~rs. In an application mn.de to the Trea-sury Department 

for pay this amount was. -recommended to be paid, and it is but a small part of the compensation for the money actually expenued in ~tte~pting to do the dutie~ of ·the office . . I think he ought to have 

1t w1thout any endeavor to make any spemal appeal for it. 

Mr. EDMUNDS. The Senator does not need to make any pecial 

appeal but just state the facts. We do not go by appeals, but go hy! 

facts, as I understand. 

The bill was reported to the Senate without amendment. ordered· to a third reading, read the third time, a11d passed.. -

COMMERCE BY RAILROAD AMONG THE STATES. 

The next House bill on the Calendar was the bill (H. R. No. 1385) 

to-regulate commerce by railroad among the several States. 

1\fr. CLAYTON. I object. The PRESIDENT pro tentpore. The bill will be laid asiue. 

Ll\fPORTATION OF ANIMALS. 

The next H ouse bill on the Calendar was the bill (H. R. No. 3500) 

to authorize the importation of certain animals for the Zoolo1rical 

Socioty of Philadelphia, Pennsylvania, free of duty. "" 

Mr. HITCHCOCK. I object. 

1\fr. SCOTT. Let me state to the Senn,tor that objection was made: 

when this bill was formerly reached, and I was authorized by the 

Committee on Finance to report a general bill covering such cases · which I move as a substitute for that bill. 

Mr. EDMUNDS. Let us hear it read, subject to objection. . Mr. SCOTT. I am ::mthor,ized to r~port a substitute, to remove the 

objection of its being a special bill. The CnmF CLERK. It is proposed to amend the bill so that it will 

read : 

That all wild animals, birds, and reptiles which shall be imported into the United 

States by any as ociation duly authorized onder the laws of tho United States1 or any Stn.te, for the promotion n.ntl encouragement of natural science, in gootl f:uth,- for xbibition upon its own ground only, and not for ale, shall be admittt~d without 

the payment of duty, or of customs' fees or char~es, under such regulations as tho 

Secretary of the Treasury shall prescribe: Pravided, That in case any animal, uirtl, or reptile imported under the provi ioru of this act shall within throo -vears from 

the dat-e of its importation, be sold, it hall be subject to the duties, if an)·, imposed on such object by the revenue laws in force at the date of importation. 

Mr. ROBERTSON and others. I object. 

The PRESIDENT pro tempore. The bill will be laid a.siue. 

STEAl\ffiR CLARA DOLSEN. 

The next Hause bill on the Calendar was the bill (H. R. No. 2101) 

for the relief of the owners of tho steame1· Clara Dol en; which w:'t.s 

read. 1\iJ:. EDMUNDS. Is there a report in f,hat case 'f 

Mr. SARGENT. Yes, sir; there is a ~eport from the Naval Com.: 

mittee. Mr. E DMUNDS. Was the Clara Dolsen used uy the Navy Depa,rt- mentf 

Mr. SARGENT. During the war she belonged to loyal Citizens and was sei~ed by the confederate forces and recaf)tnred. 

1\fr. EDMUNDS. I think that bill had better go over. The PRESIDENT pro temp01·e. The bill will b~ laic.l a ide. 

MESSAGE FRO~I THE HOUSE. 

A messa.g~ from the House of Representatives, by .1\fr. McPITERSON, its Clerk, ::mnoune:ed that the Honse had passed tllo following bills : _ A bill (S. No. 169) for the relief of Marcus OttedJourg, late consul 
1874. CONGRESSIONAL RECORD. 5413 

of the United States at the city of Mexieo and minister to therepublic of Moxioo; and 

The bill (S. No. B06) to extencl the time allowed fortheredemption 

of certain lands by tho first section of the act entitled "An act to 

provide for the redemption and sale of bnclshelcl by the United States 

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

approved Juno 8, 1872, and to suspend the operation of the fourth 

section of said aet. ENROLLED BILL SIG~"'ED. 

The message also announced that the Speaker of the House had 

signed the enrolled bill (H. R. No. 3415) to provide for the care and 

custody of persons convicted in the courts of the United States who 

have or may becomQ insane while impris~ne<l; ancl it wn.s thereupon 

signed ~y the P1·esident pro temp_ore. 

HOJ\IESTEADS TO ACTUAL SETTLERS. 

The next House bill on the Calendar was the bill (H. R. No. 1760) 

to secure homesteads to actual settlers on the public domain. 

Mr. HITCHCOCK. I object to that. 

Mr. SPRAGUE. I move that the Senate proceed to the consideration of that l>ill. 

l\fr. HITCHCOCK. That is out of order. Let it go for the present; 

you cannot get it tbrongb. The PRESIDENT p1·o tempo1·e. The Senator from Rhode Island moves to postpone the Calenua.r to proceed to the consideration of 

ibis bill. 

1Ir. EDMUNDS. Is that in order¥ Was there not unanimous con- sent that tho Calouda.r of uuobjectecl ca es t-hoal<.l be proceedeu with 

during the morning hour f · 

The PRESIDENT pro tentpore. The CaJ.cnd;Lr was ta.keu up by a vote of the enate, anu tho morning hour wail exten<led one hour uy 

vote of the Senate. The Chair undellitands that tho Senate can now postpone tho Calendar and proceetl to consider this bill. 

l\fr. SPRAGUE. This uill has been read through. There are but 

two amendmen ts upon it. It will not give rise to any deua.te. 

M:r. HITCHCOCK. There arc throe amcmlments ou this bill that are each of them objectionable to. every reprosen tative of the western 

country. I thi11k the bill wUl certainly give rise to considerable 

discussion before it ca,n pass. 

1\fr. INGALLS. It is a very long bill, an:l H ouqht to be discm;secl 

at least a week. It makes somo very importa.nt cnanges. 

The PRESIDENT p1·o tentjJOre. Does the Senator from Rhode 

Isl::mu insist on his motion! 

Mr. SPRAGUE. This mea.snreis in the interest of western Senators, and certainly if they object I will not pres::; the motion. It is 

nointere t of mine. 

The PRESIDENT prQ tmnpore. The Senator from Rhode Island 

withdr.1ws his motion. 

SUITS AGAINST L~DIANS. 

The noxt House bill on the C~lenda r was the bill (II. R. No. G1 ) to 

amend the act entitleJ "An a.ct making appropriations for the cur- rent antl contingent expenses of the Indiau Department, and for fulfilling treaty tipulations with various Indian tribes, for tbe year 

ending Juno 30,1871, and for other purposes," approved July 15,1870. 

. Mr. HITCHCOCK. I object. 

Mr. BUCKINGHAM:. I hope there will be no objection to that 

bill. Let it bo read for information. · 1\Ir. CLAYTON. There is objection mn.dc. . Tl1e PRESIDENT pro tempore. It will be laiu fisiuo on objection. 

COURTS IN TilE DISTRICT OF COLUl\IBIA. 

The next House bill on the Calendar wa.s the bill (H. R. No. 30!>8) 

to a.meml the act entitled "An act to reorga.uize the courts in. the District of Columbia, an<l for other purposes," approved March 3, 1 '63; 

which was considered as in Committee of the Whole. It provides 

that the justice of the supremo court of the District of Columbia 

holtliug a criminal term may, when not engaged iu the proper bnsi- ne of the criminal term, hold sitting of the circuit court, and 

employ the petit juries drawn for the criminal term in the trial of 

snell cases depending in the circuit court a the justice pre iding 

therein may a :igu to bim for that purpose; :m<l tho busine s done 

at such sittings shall be recorded in the minutes of the circuit court. 

l\fr. ED}1UNDS. Tb:\t onght to pass. 

The bill was reportecl to tile Senate without amendment, ordered 

to a third reauiug, read the tJllr(l time, and passed. 

QUORUM: OF COURT OF CLAil\18. 

Mr. FRELINGHUYSEN. The next House bill on the Calonclar is 

reported atlversely from the Committee on the Judiciary by mista,ke. 

It is necessary 1,he bill should pass. 1t is for tbe regulation of a quo- rum in tho Court of Claims. 

Tlle bill (H. R. No. 2770) to amend the act entitled "An act to amend an n.ct entitled 'An act to est.a,bli h a court for the investigation of 

claims against the United States,'" approved August 6, 185G, was con- sitlorctl as in Committee of the Whole. 

Tho bill requires threo jntlges of tho Conrt of Claims to constitute a. quorum, au<l makes the concurrence of t hree judges necessary to 

the decit:Jion of any case. The bill was reported to the Senate without amemlment, ordered 

to a third readin_g, read the thiru time, and passed. 

AD~IIS ION OF :r-.~W l\IEXICO. · 

'fhe next Hou e bill on the Calendar was the bill (H. R. No. 2418) to 

enable tho people of New Mexico to form a constitution and State 

government, and for the admission of th@ said State into the Union 

on an equal footing_ with the original States. 1\Ir. INGaLS. 1 object. Let it go over. The PRESIDENT pm tempore. The bill will be laid aside. 

INL~'D A..~D SEA-BOARD COASTING CO~IPA...'IT. 

The next House bill wa the bill (H. R: No. 2179) to incorporat.o 

tho Inland aml Sea-boa,rd Coasting Company of the District of Columbia. 

.Mr. CLAYTO~. I object to t.bat. 

1\Ir. SPENCER. I hope the Senator will withdraw his objection. 

Mr. CLAYTON. Very well; I will withdraw it. 

Mr. ROBER'f~ON. I object to it. 

SLAUGHTER OF BUFFALOES. 

:Mr. SPRAGUE. I move that the Senate proceed to the consideration of House bill No. 921 to prevent the useless slaughter of buffa-

"loes within the Territories of the United State . ThePRESIDENTpro tlmporc. The question is on the motion of the 

Senator from Rhode Island. 

Mr. BORE MAN. Is that the regular order ¥ 

Tho PRESIDENT pm tempore. It is tbe next House hill on the 

Calendar. The bill will be read for information. 

'l'he bill wa.s rea.d, as follows : 

Be it enacted, &c., That it shall hereafter be unlawful for any person who is not an Indian t{) kill, wonnu, or in any manner destroy any femalo buffalo of any a o-e, found at large within the bountlaries of any of the T l:lrritories of the Unired Sta.tes. SEC. 2. Tlillt it shall bo in liko mann('r unlawful for any such perfion to kill, 

wound, or destroy in said Territories any greater numb r of malo bullaloes than ncelletl for food by :;uch person, or than can be ns(l(l cured, or preserved for tho 

footl of other persons or for the market. It shall be in liko mannQr unlawful for 

any such person or persons to as istor be in any manner engaged or concerned in or about such unlawful killing, wounding, or rlestroying of any such buffaloes. Any 

person who shall violate the provisions of this act shall, on conviction, forfeit anti 

I

1ay to tho UniteU States the sum of $100 for each ofl'en. o, (aml each bnfla,lo so un- awfully killed, wounded, or de::;troyed shall be and constitute a separate oil"rnso,) and on a conviction for a second o:ii:ense may be committed to prison for a. pcriml not oxccocling t.birty llays. .L\11 United States ,in(l~o , justicos, courts, aml legal trilmnala in said Territories shall have jurisdit!tion in cases of the violation of this act. 

Mr. "TRIGHT. I shoulcllike to have the last clause of the second 

section read again. 

The Chief Clerk again read the bill. ~ir. WRIGHT. The committee who reported this bill certainly do 

not want to have it pas eel in this shape. The PRESIDENT Jl'ro tempore. Do~s the Senator object to its con- sideration! 

Ur. WRIGHT. I do not object. 

I\ir. CLAYTON. The Senator from Iowa ca.n move an amendment 

toO perfect it. . :Mr. HARVEY. I move to amend the bill by striking out in lines 

3 and 4 the words "who is not an Indian;" so as to read: 

That it shall hereafter be unlawful for any person to kill, onnd, or in any man- ner destroy any female buffalo of any age, &c. . 

Mr. HITCHCOCK. That will defeat the bill . Mr. FRELINGHUYSEN. That would prevent the Indians from 

killing buffaloes on their own ground. I object to the bill. 

The PRESIDENT pro tempore. 'l'he bill will Le lai'-1 aside. 

M.r. SPRAGUE. I move that the Senate proceed to the consideration of that bill. 

Mr. SARGENT. I understand the only objection is to the words 11 not an Indian." Of course those words ought not to he struck out. I think we can pass the bill in the right slu'lpe without objection. Let 

us take it up. It is a very important bill. 

Mr. FRELINGHUYSEN. I will witbdraw my objection with the 

understan<ling those words will not be stricken ont. 

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

the Senator from Rhode Island to postpone the Calemlar and proceed 

to the consideration of the bill indicatecl by him. 

The motion was agroed to; there being on & diviSion-ayes 22, noes 16. 

Mr. INGALLS. I hope my colleague will withdraw the amemlment. 

11Ir. SARGENT. It de troys tile whole force of the bill. 

Mr. INGALLS. Certainly this is a very important bill. IJnle s some mea-sure of this kind is adopted tho entire race of buffaloes will 

be exterminated in a very few years, and although the bill is not well 

flrawn, it ought to be passed in some shape. • Mr. STEW ART. The Indians themselves aro much more careful 

of the buffalo than the whites are, and if you put in a provision that 

nullifies the bill, it will be charged that the Indians did it, and no- body will lJ.e responsible. 

Mr. SARGENT. Not only that, but it will deprive the Indians of 

their food, which ou~ht not to bo dono. 

Mr. STEW ART. The Indians will not object to this law. They 

want the buffalo for food. 

Mr. CLAYTON. I simply desire to say that the Committee on Territori es gave to th:fl bill careful consideration. They r egard the buffa.lo as the na.tural herd of the Indian. Tho Indians depend to a great 

extent on tho buffalo for their foml during the winter season, and they are careful and cautious abont the de. trnction of the buffalo. It is 
• 

5414 CONGRESSIONAL RECORD. JUNE 23.

1 

---------------------------------------------------------r------------------------------------------------------~

tho white man that destroys it. I hope the amendment will be withdrawn. 

~1r. HARVEY. I withdraw the amendment. 

The bill was reported to the Sellitto, ordered to a third reading, 

reai the third time, and passed. 

JEFFERSO]If W. DAVIS. 

The next House bill on the Calendar was the bill (H. R. No. 1054) 

granting a pension to Jefferson W. Davis, first lieutenant Company F, 

Sixty-fourth Regiment New York Volunteers. 

The Committee on Pensions reported an amendment to strike out at 

the end of the bill t.he woTds ''the date of his discharge" and insert 

"and after the passage of this act." 

Mr. FENTON. I liope the amendment will not be concurred in. 

It is a House bill, and if the amendment is adopted the bill will be 

lost. · Mr. PRATT. I hope the suggestion of the honorable Senator from 

New York will not prevail. 

Mr. FENTON. Then let the bill lie over without action, for I do 

SENECA NATION OF INDIANS'. 

The next House bill on the Calendar was the bill (H. R. No. 3080) 

to authorize the Seneca Nation of New York Indians to lease lands 

within the Cattaraugus and Allegany reservations, and to confirm 

existing leases. 

Mr. WEST. That bill is reported adversely, and I object. 

The PRESIDENT pro tempore. It will be laid asi~e. 

WILLIAM C. BRASHEAR. 

The next House bill on the Calendar wa.a the bill (H. R. No. 2198) 

for the relief of the heirs at law of William C. Brashear, an officer 

of the Texas navy. 

Mr. INGALLS. I object. 

The PRESIDENT pro tempore. Tb.e bill will be laid 118ide. . 

F:&lli"'KLIN STONER. 

not wish to take up time. .l\fr. PRATT. Very well. 

The PRESIDENT pro tempore. The ·bill will be laid aaide. 

MICHAEL WEISSE. 

The next House bill on the Calendar was the bill (H. R. No. 279L) 

granting a pension to Franklin Stoner; which was considered as in 

Committee of the Whole. It proposes to place the name of Franklin • Stoner, late a private in Company G, of the Eighty-fonp.h Regiment 

of Pennsylvania Volunteers, on the pension-roll, subject to the provisions and limitations of the ponsion laws. 

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

The next House bill on the Calenda.r was the bill (H. R. No. 700) t.he third time, and passed. 

O'ranting a pension to the minor children of Michael Weisse, deceased, ~hich was considered a.s in Committee of the Whole. It provides 

for placing on the pension-roll, subject to the provisions and limitations of the pension laws, the names of the minor children of Michn.el 

Weisse, late of Company K, Ninth Regiment Michigan Infantry, that were under sixteen years of age on th~ 1st day of October, 1871. 

The bill wa.a reported to the Senate, ordered to a third reading1 

rend the third time, and passed. 

PEKIN ALCOHOL MANUFACTURING COMPANY. 

The next House bill on the Calendar waa the bill (H. R. No. 3266) 

for the relief of the Pekin Alcohol Manufacturing Company; which was considered as in Committee of the Whole. 

The Commissioner of Internal Revenue is directed by the bill to 

enter satisfaction on the expm-t bond for that portion of the distilled 

spirits of the Pokin .Alcohol Manufacturing Company of the State of 

Illinois said to have been d.,stroyed at Urbana, Ohio, while in transit 

for export to the port of Genoa, upon proof satisfactory to him, and 

to the Secretary of the Treasury, of the destruction of the spirits 

without fraud, collusion, or negligence on the part of the owners. The bill was reported to the Senate, ordered to a third reading, 

read the third time, and passed. 

WASHINGTON CITY AND POINT LOOKOUT RAILROAD COMPANY. 

The next House bill on theCa~endarwasthe bill (H.R.No.3025) supplementary to the act entitled ".A.n act to authorize the Wa-shington 

City and Point Lookout Railroad Comrauy to oxtend a railroad into 

and within the District of Columbia,' approved January 22, 1873; 

which was consid red as in Committee of the Whole. 

The Committee on the District of Columbia reported the bill with an amendment to strike out all after the words '' Aqueduct bridge," 

in line 35, as fQ}lows: 

And that all the right-9 conferred by this act are to be exercised and enjoyed by said company only upon the condition that said company shall first remove all the 

work it ha.s done toward locating its track between the Insane Asylum and the 

Potomac River, and on the further condition that it shall never locate or operate 

said road, or any part thereof, between said asylum and the Potomac River. 

And in lieu thereof to insert : 

And provided further, That said Washingron City and Point Lookout Railroad 

Company shall construct its railroad in the councy of Washington herein authorized so that wherever it shall cross any public roatl it shall cross the same by an overgrade or undergrade crossing, by bridge or tunnel, Sf! as ~otto impede public trave~ upon said road's. and shall construct that part of smd railroad along Rock Creek, m the 

valley of ~id creek, pa11sin{!; west of the P-street bridge, by a tunnel through the 

hill west of said P-street bndge i. and saitl road crossings and said tunnel shall be 

located and c?~structed in a~ralll?-ce with plans an~l sp~.cations to be first ap- proved in wr1ting by the engmeer m charge of public buildings and grounds. 

Mr. SCOTT. I see indications of an intention to debate the bill, 

and r 0 bject. . Mr~ HITCHCOCK. I hope the Senator will not object. The~PRESIDENT p1·o tempore. The bill will be laid aside, and the 

next· Houee bill will be roported. 

BALTIMORE STEAM-PA.CKET COMPANY. 

The next House bill on the Calendar was the bill (H. R. No. 1778) ~ranting permission for a railway from the wharf of the Baltimore 

Steam-Packet Company at Old Point Comfort, Elizabeth City County, 

Virginia, t.o Mill Creek bt·idge, in the same county. 

Mr. IDTCHCOCK. I object. 

The PRESIDENT pro tentpore. It will be laid Mide. 

INDIAN LANDS IN KANSAS. 

The next House bill on the Calendar- was· the· bill (H. R. No. 3352) 

to further provide for the sale of certain Indians-lands in Kansas. 

Mr. INGALLS. The Senator from Ohio. who objected to this bi1l 

before has withdrawn his objection .. There.iS.no objection to the pa-ssage of the bill. 

Mr. CONOVER. I object. 

The PRESIDENT pro tempore. The bill will b(na.id a.side. 

IRA DOUTHART. 

The next House bill on the Calendar waa the bill (H. R. No. 3016) 

granting a pension to Ira Douthart; which was considered as in Committee of the Whole. It provides for placing on the pension-roll, 

subject to the provision!:! and limitations of the pension laws, the name of Ira Douthart, late a private in Company D, Thirteenth Regiment 

Iowa Volunteers. 

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

J. E. INGALLS. 

The next House bill on the Calendar wa.s the bill (H. R. No. 3175) 

for the relief of J. E. Ingalls, postinaster at Denmark, Lee County, 

Iowa.; which waa considered a.s in Committee of the Whole. 

The Auditor of the Treasury for the Post-Office Department is by 

the bill directed to creilit the account of J. E. Ingalls, postmaster at 

Denmark, Lee County, Iowa, with the sum of $185.44, for postagestamps stolen from his office on the 3d of September, 1S72, without 

any fault or negligence on his part. · 

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

EXECUTIVE BUSINESS. 

:Mr. ANTHONY. It is desirable to have a short executive session 

before wo proceed to the business which comes up at the expiration 

of the morning hour. I move that the Senate proceed to tho consideration of executive business. 

:Mr. SPRAGUE. Wait till the hour expires. 

Mr. ANTHONY. Then it will interfere with the bill of the Senator 

from New Jersey. . 

1\fr. WEST. Wo shall bo through with tho Calendar in a few mo- ments. 

Mr. ANTHONY. Very well; I withdraw the motion for the present. 

ADl\fiBSION OF COLORADO. 

The next House bill on the Calendar was the bill (H. R. No. 435) 

to enable tho people of Colorado to form a constitution and State 

government, and for the admission of the said State into the Union on an equal footing with the original States. 

Mr. CLAYTON. Let that go over. 

Mr. STEW ART. No; that is just the thing to pa-ss. 

The PRESIDENT pro tempore. The bill will be pa ed over. 

Tho-next House bill on the Calendar was the bill (H. R. No. 3C:28) 

providing for the sale of the Kansas Indian lands in Kansas to actual 

settlers and the dispo ition of the proceeds of the sale. Mr. STEW ART. I move to postpone all other orders and take up the Colorado bill. · 

Mr. ANTHONY. If anything is coming up except the Calendar I 

insist on tho motion to proceed to the consideration of executive 

business. It will take but a little while. 

The PRESIDENT p1·o tcmpo1·e. The question is on tho motion of 

the Senator from Rhode Island. 

:Mr. STEW ART L I hope the Colorado bill will be taken up. I beliove the time has como when Colarado ought to be admitted. The bill 

has passed the Honse and the question is well undorstood. Tho-whole 

Senate understanfls tho condition of Colorado. It has now come up to 

the point where the State is entitled to be admitted. It has about 

the requisite amount of populat.ion, is a grand Territory, and it is 

time it should be admitted. There caunot be a more appropriate 

occasiQn than the present. I hope we shall proceed to consider the 

bill. This case was here some seven or eight years ago. Thoro was a bill passed then providing for the u.<lmission of Colorado. The question bas been before the. Senate severaJ times and tho bill on co pas; ed. The Territory has bcern growing very much l:lj nee then. It has now 

got hundreds oi miles oio railroad and large citie-s. It -has got to be a 
• 

1874. CONGRESSIONAL RECORD. 5415 

Territory that is thoroughly capable of maintaining a State government. · Mr. FRELINGHUYSEN. Is this debate on the merits of the bill 

in order' 

Mr. STEW ART. A.t all events I was going on to s.'ty that it is en- titled to h.·we consideration. 

The PRESIDENT pro tempore. Debate on the merits is out of order. 

Mr. STEW ART. Colorado is entitle<! to have its bill considered. 

The PRESIDENT pro tempore The Senator from Nevada~ out of 

order in discussing the merits oi the bilL ~fr. SPRAGUE. I move to lay this motion on the table. 

Mr. STEW ART. On that motion I call for the yeas and nays. 

The PRESIDENT JJTO ternpm·e. The Senator from Nevada moves to postpone the Calendar an<l proceed to the consideration of the 

Colorado bill, and the Senator from Rhode Island m9ves that that mo- tion lie on the table. 

Mr. STEW A.RT. Is that in order V 

The PRESIDENT pro tempore. It i~. The Senator from Nevada 

calls for the yeas and nays. 

The yens and nays were ordered. 

Mr. ANTHONY and l\1r. FRELINGHUYSEN addressed the Chair. 

The PRESIPENT pro tempore. The motion is not debatable. 

:Mr. ANTHONY. I do not rise to debate it. I rise, in view of the 

fact that wo are going to waste until the expiration of tho morning 

hour in calling tho yeas and nay::~, to move that the Senate proceed to 

the consideration of executive business. We ought to have a short 

executive session. 

The PRESIDENT pro tempore. Pending this motion the Senator 

from Rhode Island moves that the Senate proceed to the consideration of executive business. · The motion wa.s not agreed to; there being on a division-ayes 15, noes 34·. The PRESIDENT J>ro tempore. The question recurs on the motion 

of .the Senator from Rhouo Island [1\Ir. ~PRAGUE] to lay -'n the table 

the motion of tho Senator from Nevada, [1\Ir. STEWART.] 

Mr. DAVIS. I a.ppcal to Senators to take a division, and not call for 

tho yeas anu nays. The question being taken by yea.s and nays resulted-yeas 33, 

nays 20; as· follows: 

YEA.S-Mes rs. Anthony, Bayartl, Boreman, Boutwell, Buck.in"batn, Clayt{)n, 

Conover, Cooper, Davis, Denms, Edmunds, Fcnron, Flana.1:1an J;i';elinghuysen, 

Gohlthwaito, lla!! ~r, llowo, McCreery, Mcrrimon, Morrill of Vermont, Morton, 

Norwood, Pease, '"Pratt, Ramsey, Robertson, Saulsbury, Scott, Shei'JJ13.n, Sprabrne, 

Stevenson, \Vashburn, ruul Wri~ht--33. 

NAYS-Messrs. Alcorn, Allison, Bogy, Ferry of Michi~an. Gordon, Hamilron of Texas, lla.rvey~-. Hitchcock, Ingalls, Jonoa4 Kelly, Logan, Mit.choll, Patterson, Sargent, Sroncer, ;::;towart., Tipron, West, ann Windom-20. . . .AJ3SE.NT-Mcssra. Brownlow, Cameron, Carpenter, Chandler. Conkling, Crngm. Dorsey, Forry of Coillloctwut, Gilbert, Hamilron. of Maryland, Hamlin, Johnsron, 

Lewis, Morrill of Ma.i.uo, Oglesby, Ra.nsom, Schurz, Stockton. Thurman. and Wadleigh-20. 

So the motion was a.greed to. 

COURTS IN UTAH. 

1\Ir. FRELINGHUYSEN. I now move that we proceed to the con- siueration of the Uta!l bill. I h:tve this statement to make--

1\Ir. SPR.lGUE. We have five minutes yet for the Calendar. 

1\Ir. l!'RELINGHUYSEN. I have this statement to make--

The PRESIDENT p1·o tempore. The bill will come up in six minutes without any notice. 

Mr. FRELINGHUYSEN. I haye the floor now and I wish to make 

my statement. The bill a-s it will be pre en ted to the Senate will be 

free from all objection by any one who wants to have order and law 

in Utah, for I have pr-epared a ~eries of amendments which will prune 

the bill of anything that conld be objectionable to any one who wants 

ln.w there. Tho Attorney-General has written to us. He has told me this mornincr that yon cannot convict any person who is guilty of 

crime, and that tho Territory is in a lawless condition. Now it seoms to me tha.t when wo h:1vethatopinionfrom theAclministration, when 

the House of Representa.tives has passed a. bill, tha.t it is our duty not 

to adjoul'n until we establish law there. 

And now I wa.nt further to ay, that if any member of the Senate 

thinks that the amendments which I will propose do not render the 

bill unobjectionable, I will a~cept any amendments in reference to 

polygamy a.nd bigamy, so as just to have a bill which establishes law 

in that Territory as in every other, and with those. modifications I 

think tho bill can be passed in ten minutes. 

Mr. SARGENT. I wish most earnestly with tho Senator that there 

ma.y be good order in the Territory. I think the propesition the Senator makes to eliminate from the bill a.nything relating to a disturbing course there, which he mentioned, may facilitate the passage of 

the hill. I am afraiu, and have been for some years past, on account of 

the high condition of fanaticism of certain people in that Territory, 

that we might have a civil war there. I lrnow they will £5.0 to the wall 

if that civil war comes. Iknowthattheirfertilefieldsw1ll be plowed 

with the plowshare of war, and their homes will be devastated; 

that tlw thrift., the commendable thrift which now exists throughout 

tho TetTitory wi U cca.so and there "'-ill be desolation, because they can- not contend agaim:~t the GoYernmeut of the United States; but I 

also know that they will stanc.l up . . I speak from considerable and a somewhat i.ut.ima,to knowledge of the persons_a.nd conditions of t-hings 

in Utah. I believe they will sr.an<l up and involve these conscqnQU.ces. 

I further think that the progress of time, the influx of gentiles, is 

wearing away that prejudice, religious or otherwise, on the part of the 

people of Utah, and is gradually solving this question. I think they are in the condition of an iceberg that has broken from its fasten-· ings in the north aml floated down into warmer seas, dissolvin~ on all side , aud that soon this question will disappear from public vtew, 

unless you aggravate it by a.ggressive mea ures, unless you bTing 

force to bear against them and compel them to resist, and wo all 

know religious wars never succeed or very rarely succeed in putting 

down the sect against who~ they arc waged. I think it is ·oetter to 

leave that que tion to tim'e: as I sa.y; aud if these provi ions can be 

eliminated from the bill, and an amendment which I wi h t-o propo e, 

saving the jurisdiction of probate courts, which are the county courts 

of Utah. to pass upon the matters relative to town sites as is provided 

by the United States laws in regard to town sites, I will make no opposition to the bill, certainly no faction opposition; I will not 

attempt to talk against time or embarrass the Senate in any way. 

With that undorstamling I have no objection to the bill coming up anu being considered. 

The PRESIDING OFFICER, (Mr. ANTHONY in the chair.) Tho 

quest.ion is on the motion of the Senator from New Jersey. 

Tl.Je motion was agreed to; anu the Senate, as in Committee of the 

Whole, procccuctl to consider t.he bill (H. R. No. 3097) in relation to 

court antl judicial officers in the Ten'itory of Utah. 

Mr. RAMSEY. I hope the Senator from New Jersey will allow the 

bill to bo lai<l a ide informally to take up the post-route bill. 

.Mr. FRELINGHUYSEN. I have no power to give way to any one and shall not. 

Mr. RAMSEY. Then, Mr. President, I will make a last effort to save the post-ronte hill. I move. to lay this bill aside and procoocl to 

the consideration of the post-route bill, which will require some timf'l 

for its em·ollment, in which every~ one here is more or less interested. 

and for which I am very much in1portuned both by members of the 

House ancl Senate. 

Tho PRESIDENT p1·o ternpm·e. The Senaror from :Minnesob moves to lay aside the present and all prior orders and proceed to the con- sideration of tho po. t-route bill. 

Mr. FRELINGHUYSEN and Mr. HOWE called for the yea.s and 

nays. 

The yeas and :n.a,ys were ordered. 

Mr. HOWE. I simply want to say myself that if we never have 

another post-route bill in tho Sonato of the United Sta.tes, I will try 

to bo content, if it is nocessa.ry t-o forego any more, in order to have 

that small modicum of legislation which is required in order to com- mence n.ncl prosecute a smt· to judgment in any one o.f the courts of 

the United States whether within the limits of a. State or within the 

limits of a TerritofJ. You cannot do that to-day in the Territory of 

U tab; you cannot convict a criminal there; aml I think the .first work 

for us to do is t.o accompl..if?h that laboc; and ii we cannot accompli~:>h 

that, as I saiu before, save at the ~xpense of that very important bill 

which is in the bands of my friend from Minnesota, I would rather 

sacrifice that. If the Senate differ from me, I want to know who the 

individnn.ls are that differ. 

Mr. MORTON. There is need for legislation in Utah; there is no doubt about that; but I think there is not time to deal with so deli- cate and <lifficnlt a question as exists there, in the few hours we h.1.ve 

left. I am satisfied that this bill will give rise to discussion and that 

the-;:-e will be <.lifferences of opinion about several provisions in it. I 

think there is not time, and for one I shall vote for the motion ma.de 

by tho Senator from Minnesota. 

Mr. FRELINGHUYSEN. Mr. President, I would.say to the Senator 

from Indiana tllat I have submitted the bill to those who have been 

most opposed t.o it, and I think they will eliminate from it everything that is objectionable, and I will accept the amendments. 

Mr. BOUTWELL. It is quite pla-in that there is no difficulty in 

passing both bills. We have agreed to a~journ at four o'clock; but no doubt t.ho House will concur in a resolution extending the time to 

ten or twelve this evening, or until twelve to-morrow, and either of 

these bills is of· sufficient importance not ouly to justify but to re- quire the extension of theses ion for a few hours. Therefore I hope 

that whichever bill we take up-I am in favor of taking up the bill 

relating to U~ and shall so vote-we shall a~t upon both these 

bills before we adjourn. There is really no difficulty in the way. 

There is no necefiSity for an adjournment at four o'clock this after- noon. 

:Mr. DAVIS. Nearly every State·in tho Union is interested in the 

post-route bill, and unless it passes within tho next hour it probably 

cannot become a law this s_ession. The Utah bill can follow it, and 

if it passes ten minntes before the expiration of the session it can become a. law. I hope the post-route bill will be takeri up and acted on. There is no objection to it. 

Mr. WRIGHT. I have just one word to say about this bill. We 

have been here seven mouths. The Jaw officer of the Government 

has presseu upon us almost every week since we have been hero the 

.necessity of action upon this bill. There is the most incontestable 

evidence that such a state of lawles ne obtains in that Territory 

that it is impossible to organize a jury and have a trial and have any criminal brought to punishment. Now we arehcsitatino- here whether wo shall take t.llil:! bill up a.ntl pass it when everybody knows that we can, if wo ' ill give our attention to it, pass that, antl the post-route 
5416 CONGRESSIONAL RECORD. JUNE 23, 

bill also, before four o'clock. There need not be, there should not be, 

any trouble in reference to this bill. The Senator having it in charge 

has stated that it will be eliminated of everything that is objection- able, the only and sole object being to give them a law so that they can organize their courts and jurie a.nd have the administration ~f 

ju tice in that Tenitory as they have in the Stat.es aml other Territories. And yet at this time it is insisted that we shall lay this bill 

aside and pass a bill that we are as certain to pass before we a-djourn as any bill that we have passed on the Calendar before. 

Mr. RAMSEY. Why does the Senator so infer! 

Mr. WRIGHT. I am very certain that· there will be no adjournment of this Congress without passing the bill the Senator from Minnesota has m charge. We can pass this bill and pass that ju~t as easily if we turn our attention to them, as we have done the busmess 

this morning. · 

Mr. RAMSEY. Tho post-route bill is an important bill to all the 

new portions of the country, in the West a~d Sout~, t.hepo?rer po~­

tions of the country; they have the greater mterest rn Jt; WJ:tbout It 

they cannot get their mails. Improvements are extending and settlements are thickening both in the South ancl West, ancl yet you 

deny them ma-il facilities. With all the expenses of the Post-Office 

Department they cannot part.icipate unless these post~ro~tes are Jeg~lize<l by law. The older portions of the country are mcltfferent to 1t. 

The State of Maine, that the honorable Senator comes from who bas 

OJ)posed the taking up of this bill so strenuously, has its maiJ:; supplied by railroads. They are post-routes by law; they. reqmre no special legislation; but the.?e remote and new settlements m the West 

and South :ue entirely without these facilities unless this bill passes, 

however trifling some gentlemen may consider the thing to be. 

1\Ir. LOGAN. It seems to be almost impossible to h:we any legistion in reference to questions involving certain matters connccteu 

with the Territory of Utah. Time and again the attempt has been 

made. I do not say, nor will I, that it is a disgrace to Congre s that 

they will not act upon a proposition of this kind, but if there is ~ything approaehinO' a disgrace attaching to the Congress of the Umted 

Stat.es now in exi~tence it is the fact that in one end of the Capitol 

a polygamist sits; and no man has the ~erve to turn him ou~ of t~e 

Congress of the United States. If there lS another approachmg disgrace, it is that Congress. has not the ~anhood and t~e b.ol<l.J?.ess to 

stand up ~d strike at this shame and disgrac.e to the rnstitutions of 

this country-- ' 

The PRESIDENT p1·o tempore. The Chair thinks it is not in order 

to make such references to the other House. 

Mr. LOGAN. Then I with<lraw what I said in reference to the 

House but I do not in reference to the polygamist. I appeal to Senat~rs on this ftoor, I know many of us have been reminded during this session that · the republican platform had somet~g to do 

with legislation; I do not think platforms hav': anythl.J;lg to do 

with legislation; but inasmu_ch as I have peen remmded of 1t, let me rmnind Senators here that time and agam you have announced to 

the world that this "twin relic of barbarism" should be extirpated · from this country; and yet in the last session of Congress, a,nd now when this bill is broucrht forward to give power to the courts 

to administer justice in that Territory the saa;ne as it is e~ewhere, in 

conformity with the law, we find men reooy ~ every possible way. to 

thwart legislation for the purpose of allowmg the courts to admmister justice in that Territory. . . . Why is it f Has polygamy stretched out Its arm until lt fastens 

its power on every man in this Chamber! Is it true tha,t the head of 

the Mormon church has more power in Congress than the morals of 

the whole country T Is it true that the h_ead of that theocracy, after 

boasting that he could control Congress, lS able to say to the country 

that Congress is afmid to deal with h~m Y •• 

Sir these are facts. The country will ask ns why It IS that we are afraid to dea,l with polygamy; why we ar': afraid .to gi v_e the co.urts 

the power to deal with it; why we are. afraid to leglSlate m the chrection of Mormoni m; wl?-y we :rre afraid ~f the power ?f ~he head of 

the church of 1\Iormoru m, this polygamic church . . Srr, 1f the Congre s of the United States is afrai<l to ~eal with such barbarism a.s this, it is not fit to represent the Republic that we do repre:se~t. 

Ir. TIPTON. Mr. President, I do not understand that It lS any 

evidence of cowardice on the part of republican members of the Sen- ate that they have not. acted affirmatively on th~s qucsti,on of U~nh 

an<l her institutions. If that is 1,o be taken as evidence of cowanhce, 

then I say that there is equal evidence of cowardice on another question not so far as the Senate is lloncerned; hut we are told that the 

platform of the party requires something on this subject. I ask the 

honorable Senator, then, how does it come _that t~e. pl~tform of the 

11art y als<> requires· something on the questJOn of ctvilnghts, and yet 

the bill that wa pa ed by the Senate has not yet become a law, as I 

understand while there is power enough in the Congress of the 

United States belonging to that party to make it a. I< w ¥ 

Mr. LOGAN. Will the Senator allow me a \Yord right there! 

1\Ir. TIPTON. Yes, sir. 

1\lr. LOGAN. In reference to the platform, I said that I asked no lerrislation on· account of any platform, but that it was thl'OWn in tho te~th of certain Senators hei-e that platforms said certain things, and 

I only retorted on that by reference to legislation on this subject. 

Mr. TIPTON I undouJJteclly labored under t~ mjsapprehension; 

and as time is so important I accept the apology of the Senator from 

Illinois and will not continue my remarks. · 

Mr. BOGY. I hope that the bill in charge of the Senator from 1\.finnesota will be ta,ken up. It hM been urged upon the <mate for several 

days. It will take but a few moments. It is a very important bill, 

and I think it will meet with no opposition, while the bill in reln,tion to Utah will involve a great deal of discussion. I hope, therefore, the bill-of the Senator from Minnesota. will at once be taken up and 

disposed of. 

1\.Ir. RAMSEY. It can be passed in fifteen minutes. 

Mr. BOGY. To tho western country it is very important. 

The PRESIDING OFFICER. The question is on the motion of the 

Senator from Minnesota to postpone the pending order with a viow 

to take up the post-route bill, upon which the yeas and nays have 

been ordered. 

The question being taken by yeas and nays, resulted-yeas 33, nays 24 ; as follows : 

YEA&-Messrs. Alcorn, Bayard, Bogy, Carpenter, CL'tyton, Coopm·, Davis, Den- nis, Flanagan, Goldthwaite, Gordon, Hager, Hamilton of TcxM, Hamlin, Hitchcock, 

Jones, Kelly, McCreery, Merrimon, lUorton, Norwood, I)a.tteTson, Pratt, Ramsey, Ra,nsom, Robert.<>on, Saulsbury, Schurz, Spraguo, Stockton, Thurman, and Tip- ton-33. 

NAY&-Messrs. Allison, Anthony, Boreman, Boutwell, Buc1..inghn.m, Cb:mrller, Conover, Ferry of Michigan, Frclinghuysen, Howe, Ingalls, Lo~, Mitchell, Mor- rill of V crmont, _OI?le by, Pease, Scott, Sherman, Spencer, Stewart, 'Va.shburn, W est, Windom, ann Wrightr--24. 

.A.BSENT.-Messrs. Brownlow, Cameron, Conkling, .Cmgiu, Dor ey, E'i:lmumla, li'enton, Ferry of Connecticut, Gilbert., Hamilton of Maryland, Harvey, Johnston, 

Lowis, Morrill of Maine, Sargent, aml Wa.dlcigh-16. . 

So the motion was agreed to. 

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

tho Whole, proceeded to consider the bill (H. R. No. 3G04) to establish certain post-routes. . . Mr. SARGENT. Let the bill be read. 

Mr. RA !SEY. I ask tmanimous consent to dispense with the reading of the bill. 

Mr. STEW ART. I object. . 

The PRESIDING OFFICER. The reading of the bill will proceed. 

The Chief Clerk proceeood to read the bill. 

Mr. FERRY, of Michigan. I appeal to the Senator from Nevada to 

withdraw his objection to suspending the reacting of the bill. According to the new role every amendment to the post-rout.e bill has been referred to the Committee on Post-Offices and Post-Roads, ann the 

commjttee have examined each case. The bill is merely a formaJ one, 

including all routes that the committee concluded to recommend. I 

trnst no time will be taken up in reacling a. merely formal bill. 

1\Ir. STEWART. I do not wish to in ist on the reading of the bill 

for the purpose of consnminO' time, if the Senate could be en~a ged in 

something that would be valuable; but there are many bills tha,t a.re coming in and going through so rapidly that we hardly know where we stand. If the Utah bill or some bill for <liscussion after this is 

coming up, I withdraw my objection.· 

Mr. CLAYTON. I obj ect to so pending the reading. 

The PRESIDING OFI<,ICER. The Senator from Arkansas objects, and the reading will proceed. 

The Chief Clerk continued the reading of the bill. 

1\Ir. HAGER. There are errors in spelling names in the California 

routes. 

The PRESIDING-OFFICER. The Senator will send the COITections to tho Clerk and they will be made. . 

1\ir. BOGY. W oulcl it be in order to move that the amendments re- ported by the Post-Office Committee be concurred in without Teading 

the JJill from one end to the other' · 

The PRESIDING OFFICER. It would be in order by unanimous 

consent. 

Mr. BOGY. I make that motion. 

The PRESIDING OFFICER. The Senator from Missouri asks tha,t 

the amendments reported by the Commit.tee on Po t-Offices and PostRoad be agreed to without rea-ding. The Chair hears no objection, and they are agreed to. 

Mr. BOGY. I move that the further reading of the bill be dispensed with. 

The PRESIDING OFFICER. Is there objection Y The Chair hears none. 

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

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

read a third time. 

The bill was road the third time, and pa-ssed. 

:MESSAGE FROM THE HOU E. 

A message from the Hou e of Repre entatives, by Mr. McPIIERSO~, 

its Clerk, aunounced that the House had concurred in the report of 

the committee of conference on the disagreeing votes of the two Houses on the bill (H. R. No. 3168) making appropriations for the 1·epair, preservation, and completion of certain public works on rivers and harl>ors, autl for other purposes. 

The message also announced that the ·House had pa d a hill (H. 

R. No. 37 0) to relieve .the political di abilities of Roll rt Tansill, of 

Prince William County, Virginia; in which it requested the concur- ronco of the Senate. 

• 
1874. CONGRESSIONAL RECORD. 5417 

WITllDRAWAL OF PAPERS. 

On motion of Mr. SHERMAN, it was 

Ordered, That Lieutenant P. H. Breslin, United States Army, h::we leave to withdraw his petition and papers from the files of the Sena.te. 

On motion of :Mr. SHERMAN, it was 

Ordered, That Samuel Wilson ha.>e lea>e to withdraw his petition and papers 

from the files of the Senate. 

On motion of M.r. SPENCER, it was • Ordered, That J. T. Newcomer have leave to withdraw his petition n,nd papers 

from the files of the Senate. · 

REPORTS OF COJ.\-DITTTEES. 

Mr. ALLISON, from the Joint Select Committee to inquire into the 

Affairs of the District of Columbia, to whom was referred the resolution passed by the House of Representa,tives May 5, lt!74, directing 

that committee to inquire whether the officers or employes of the 

United States or any officers or employes of the District government 

have been engaged in any conspiracy to defeat or hinder the investigation ordered by Congre into the affairs of the District, n.nd particularly in this connection to inquire into all tho circumstances con- cted with the late robbery of the safe in the office of the United 

States attorney for the District of Columbia, submitted a report; 

which was ordered to be printed. · Mr. BOREMAN, from the Committee on Territories, to whom was l'l~ferred the bill (H. R. No. 3749) to provide for the roapportionme11t 

of the Legislative Assembly of Idaho Territory, reported it without 

amendment. 

MESSAGE FROM THE HOUSE. 

A message from the Honse of Representatives, by Mr. CLINTON 

LLOYD, its Chief Cl J.'k, announced thn.t the Honse had concurred in tl.J~ .report of the committee of conference on tha disagreeing votes 

of the two Houses on the bill (H. R. No. 3600) making appropriations 

for sundry civil expe11ses of the Government for the tiscal. year ending June 30, 1875, and for other l'u.rposes. 

COURTS IN UTAH. 

11-lr. FRELINGHUYSEN. I move thn.t the Senate proceed to the 

consideration of the Utah bill. 

The motion was agreed to; and the Senat-e, as in Committee of the 

Whole, proceeded to consider the bill (H. R. No. 3097) in relation to 

courts and judicial officers in the Territory of Utah. 

The Committee on the Judiciary propo ed to amend t:l!t.e bill b~r 

striking out section 7, in the following words : 

SEc. 7. That the common-law of En~land, as the samo is defined n,nd modified by • the cow·ts of la t resort in tho e States of tho United States where the common law prevails, shall be the rule of decision in all the courts of said Territory so far as it is not repugnant to or inconsistent with the Constitution and laws of the 

United States and the existing statutes of said Territory. 

The amendment was agreed to. 

Mr. l!"'RELI.i.~GHUYSEN. I offer an amendment to come on page 

6, in the sixty-thirclline, after the word "appeals.~' 

Mr. BAYARD. Is the seventh section stricken out T That seems to me a most innocent-looking section. 

Mr. FRELINGHUYSEN. I would sa.y to the Senator from Dela- ware that the seventh section was stricken out at the in t..1.nce of 

those who thought it might confer some criminal jurisdiction which was objectionable. 

The PRESIDING OFFICER, C:Mr. EDMUNDS in the c.O.air.) The 

amendment of the Senator from New Jersey will be reported. 

The CHIEF CLERK. On page 6, in line 63, after the word "appeals," 

it is proposed to insert: 

Mr. SARGENT. On page 5, line 38, :titer the words "district 

court," I propose tho following amendment : 

Nothing in _this act shall be con trued t~ impair the authority of probate court-s to enter land rn trust for tho use antl benefit ot the occupants of towns in tho >ari· ous counties of tho Tenitory of Utall according to tho proYisions of an net for 

tho relief of inhabitants of dties antl t(rwns npon public lanlls~. approveu March 

2, 1EG7, and an act to amend an act entitled "An act for the re1i.of of inhabitauts 

of ities and towns upon public lnnds," approved June 8,1 681 or to dischargt' the 

duties assii!DO<l to the probatojudges by an act of the Legislative Assembly of tho 

T erritory of Utah entitled ''An act prescribing rnles and regulations for the execu- f.ion of the trust ari. illg under the act of Congress entitled ~An act for the relief 'Of 

the inhabitants of cities and towns upon the public lands.'" 

·There is no county court in Utah. The act of Congress provides 

that the county court shall execute this trust for the benefit of the 

towns. By an act of the Territory of Utah, however, for the purposes 

of that act of Congress the probate cow-ts aro made county courts. 

Of course if we repeal all jurisdiction of probate courts, this must be 

reserved. I believe this is a~cepted by the gentleman who reports 

the bill, and there is' no objection to it. 

Mr. FRELINGHUYSEN. I have macle such inquiry as I could in 

referenoo to the propriety of that amendment, and as far as I can learn it is not objectionable. · The amendment was agreed to. 

Mr. SARGENT. On pa~e 8 after the word "challenge ," in line 53, 

of section 4, I move to stnke out all clown to and including the word 

"same" in line 57. The words to be stricken out are: 

And in the trial of any prosecution for a!lnltery, bi~amy, or polygamy, it shall 

be a good cause of principal ehallen~e to any juroi· tha.t ho practices polygamy, or that he believes in the rightfnlness of the same. 

This amendment being adopted makes this bill as it was intended 

by the Senator from New J ersey th.is morning ruHler all the circumHtanccs of the case, so that it shall give efficiency to the courts there, 

untangle them in their civil aml criminal proceecling ·,and leave the 

qne tion of poly~amy untouched for future consideration. 

Mr. FRELINGHUYSEN. It had been my purpo o to restrict that 

provision to future crime~. It is insisted, however, b.Y those who are oppo ed to the bill that it must be takenont of the bill entirely, and 

rather than that the bill should fail aml that there should be no law 

in Utah, I do not oppose the amendment. 

Tho amendment was agreed to. 

l'rlr. SARGENT. I have one other amenclment, and it is the last. I am obliged to the Senator for his courtesy. On page 8, after the word 

"challenges," in line G3, I ""ish to insert "cu.copt iu .capital cases, 

where the prosecution shall be allowed five and the defense fifteen 

challenges." . When a man is being tried for his life · three challenges is rather 

limited. I think there is no State in the Union that does not give at 

least fllteen, and· some a-re even more liberal than that. I propose 

that the prosecution shall have five ancl the <lefense fifteen. 

Mr. FRELINGHUYSEN. I move to amend that amendment so thn.t the prosecution and defense each shall have fifteen, if that is 

the number. They ought to have the same. Mr. SARGENT. That never is so under any law I ever heard of. 

Mr. FRELINGHUYSEN. 0, yes. 

Mr. SARGENT. I do not lrnow that there is any especial objection 

to the pro ecution havi-ng fifteen. The main point is that the defense 

shall have fifteen. I will assent to that modi.fi.cation, so that it shall 

be fift-een. · Tho PRESIDING OFFICER. The amendment of the Seuator from 

California will be modified so as to read "except in capital cases, 

where the prosecution an<l defense shall each be allowed tift.eeu challenges." 

The amendment was agreed to. 

Mr. INGALLS. I offer the following as an additional section to 

the bill: 

A writ of error from the Supreme Conrt of the Unitefl St..'ltes to the supremo court of the Territory shall lie in criminal ca. es where tho accused shall ha\e been 

sentenced to capital punishment or convicted of bigamy or polygamy. 

That in all cases in which any person wa-s deprived of his or her property in the 

The amendment was agreed to. Territ-ory of Utah prior to the ,rear 1860 by tho action of the Mormon , or who l.Je-

'ltlr. FRELINGHUYSEN. There were a number of amendments fore that time was forced to leavo tho Territory in consequenco of tho hostility of 

which I proposed to m~ke to this bill that do not go as far as some the Mormons, and whoseprop~:~rty was taken. nse£1, disposell of, or~ppropriatetl Ly amendments which those who have been opposed to the bill propo e tho sa.icl Mormons, or who suffered any deprivation of property or personal ,uon~ at the hands of said Mormon , he or she, .or his or her heirs or legal representatives to make, and therefore I will hear what amendments they desire to shall have the right to suo and recover for such losses and injuries to pcr-on or make. · pi'Operty against the individual Mormons, or against those who then had control 

Mr. SARGENT. On page 4, section 3, line 12, I move to strike out of the Teriitory; or they may suo for and recover tho identical property, real, perall after the word "divorce" down to ancl includine: the whole of line sonal, or mi.xed, of which the original party was deprived as afore aid, thesa.rne in ~ all respect.~ as if the snit hatl been brought at the tillte the wrongs were committed: 

2' , on page 8. . Provided, That such suits shall be brought in the proper courts within three yenrs The Chief Clerk read the words to be stricken out, as follows; from this date. 

When a bill is filed by a woman to declare a marriage or pretendell marriage It is well known, Mr. President, that in the di turbance~:t in this 

voit.l, on account of a previous subsisting maiTiage of the defendant to another Territory I)rior to the year 1860 a, lar!!e number of people were Ol::- woman, the cow-tor judge thereof may grant such rea-sonable Slim for alimony ~ 

alHl cotmsel fees as the circumstances of the ca.se will justify; aml may likewise pelledand their property confiscated and otherwise dispose<l of. Since 

by tina.l decree, make . uch allowance for the maintenance of the complainant and that time there have been no courts to which partie coulc.l resort for 

her cbilclren by the defendant as may be ,just aml reasonable. And whenever, in the enforcement of their rights or the redress of their wrongs, and by 

any proceedin..,. for divorce, or in any civil cause, or in any criminal prosecution, it lap e of time now that the courts are establi bed they will be barrccl. 

is necMsa.ry to prove the existence of the marria~e relation between two persons, it shall not be necessary t.o prove the same by the J?l'Odtlction of any record or cer- The intention of this section is simply to remove the uar of the statuto 

tiiicate of the marriage, but evidence of cohabita.twu between the parties as hus- of limitations which has been enforced by the act of the Mormons 

barrel and wi~~· !lnu the a{lts, co~~~ct, declarations •. and a~l~ sions of ~he parties themselves and to allow parties to site in the courts for the recov@ry 

shall be adllllSsible, and the marna0 e may be esta.blishe(llike any question of fact. of their property or for the redress of their wrongs .. 

Mr. FRELINGHUYSEN. I iutemled to modify that part of the Mr. SARGENT. Will the Senator state wha-t the statute of limibill by making it apply only to the futu.re; but lmder the view which I tations in the Terl'itory of Utah is! 

is taken by those who arc opposed to the bill, I submit it to the judg- Mr. INGALLS. I do not know what it is. 

ment of the Senate without making :my opposition. Mr. SARGENT. I tbink I am very reliably informed that there is 

The amendment was a,greetl to. no statuto of limitatious at all in the Territory of Utah. In that case 
5418 CONGRESSIONAL RECORD. Jo:NE 23, 

the amendment is entirely unnecessary. It raises a great many questions that I think would be nece ary to be considered by the Senate. 

The amendment cannot pass without discussion. It embraces too 

many propositions of a novel charact-er. There is no necessity for it, 

for the reason I have mentioned. I do not think any Senator can controvert the proposition which I make, that there is no statute of 

limitations, and has not been, in the Territory of Utah; That would 

dispose of any necessity for the amendment, and would answer the reason which is given by the Senator himself. The proposition itself, 

however, is of very doubtful character. It may be a question whether 

under it old hatreds will not be stirred up, whether on false pretensions persons may not be p ersecuted who are entirely innocent, and 

whether persons who are not at all responsible for the actions com- plained of may be held liable for them. If I understood the reading 

of the amendment it provides that anybody who ha<.l control in Utah 

in the ordinary sense, who held :my office of power there, should be 

1·esponsible for the acts of any one, no matter w)10, that was lawless 

in any part of the Territory extencling for years. hack. 

Certainly provisions of this kind ought 11 ott-o be incorporated in this 

bill. If there was any necessity for anything of tho kind, if anybody 

complained that the courts of Utuh which are opened by the bill have 

not been open all the time. so that he could begin a suit, or that be 

is prevented from so doing by any statute of limitations, then we might give it a respectful hearing; but it will take too much time 

to justify us in adopting this amendment in the loose manner in 

which it is drawn. 

Mr. INGALLS. It is a matter of public notorict.y that the courts 

in Utah have been closed during the period to which the amendment 

refers, and the bill that is now nuder consideration is for the express 

pnrpose of providing courts in Utah by which these questions may be 

tried. So far as the questions involved in the amendment are con- cerned, I would state to the Senator from California that they are neither numerous nor novel. It is simply and purely a question 

whether the bar of the statute of limitations shall be removed as against the persons by whom these crimes were committed ; and the 

difficulty bas been that the courts having·beou closed thoro ha-s been no forum, no tribunal to which those parties could apply for redress. 

It appears to me that the amendment is so humane, it is so just, it is so in a-ccordance with all the principles of law that thero ought to be no discussion wha_tever in the Senate upon it. It should bo adopted 

without controversy. 

But, sir, that is not the que tion. The Senat-or's amendment goes 

to everything ; it goes to the question of an action of ejectment ior 

real e tate forsooth when it is as well-settled law in this coun•ry as anything can be settleu that where the bar of the statute of lunitations is complet-e in respect to real estat.e, it operates to divest the 

title of him who has been out of pose sion and to vest title in him 

who has had the pos ession required by the statute. You propose to 

tako a man's property, which is his as much as if he held it by patent 

from the United States, and to take it by an a-ct of Congress! Surely, 

sir, it cannot be neces ary to back against such a proposition as thit~ 

amendment unless we are prepared to stir up the very worst state of 

thingsthatcancxistinanycountry- auniversallitigationfromonecnd 

of it to the other, and that with_ a feeling on the part of nine-tenths 

of the people of that Territory that this litigil.tion is part of a persecution they are to endure, aml endure perhaps even t-o the death. · 1\f:r. FRELINGHUYSEN. Mr. President, I shall vote against this 

amendment. There arc a great many amendments which have b en made to this bill which I have agreed to, not because I thought they 

ought to be maue, but because by reason of the situation of the bill I 

do not think it is wise when wo are within two hours of the end of 

the session to introduce on this bill new matter which has nothing to do 

with tbe great object we have in establishing law in that Territory; 

and therefore I shall vote against tho amendment. 

The PRESIDENT pro tempore. The question is on the amendment 

of the Senator from Kansas. 

The amendment was rejected. . 

The bill was reported to the Senate as amended, and the amendments made a-s in Committee of the Whole were concurred in. · Tb,e amendments were ordered to be engrossed and the bill to be 

read a third time. 

The bill was read the third time. 

1\lr. SPRAGUE. I a.sk for the yeas and nays on the pa sf..ge of the 

bill. 

The yeas and nays wore not ordered. 

The bill waa pa.ssod. 

MESSAGE FROM THE HOUSE. 

A message from the Hou.so of Representatives, by 1\Ir. McPIIERSON, 

its Clerk, aunounced that the House had agreed to the amendment 

of the Senate to the bill (H. R. No. 3088) to extend the time for com- pleting entries of Osage Indian lands in Kansa.s. 

Mr. THURMAN. I must confess my urpriso that such an amend- ENROLLED BILL SIGNED. 

ment a.s this is pressed on this bill, and I should. bo more surprised Theme~agealso annomwed thattheSpeakeroftheHousehadsigued were it not that I have a very firm conviction that one of the great tho emolled bill (II. R. No. 3168) making appropriatiout~ for tho re- objects of this bill, if not the greatest object of it, is to stir up litigar- pair, preservation, and completion of certain public works on rivers 

tion whereby certain gentlemen of the profession in Utah may make and harbors, and for other purposes; and it was thereupon signed by • money. I believe that but for th~t special interest of stirring up liti- the President pro tentpore. 

gation in that Territory, we should hear nothing Of this bill. P. HARPER'S FERRY PROPERTY. 

We hear a great deal about a failnre of the courts there and of a 11. . .- DAVIS A d t I ao d 1 · · l 

waut of courts. If there is want of courts there, it is the want of the JJJ.r. · ay or wo ago ouere a rcso uti on m regan to 

officials. There is law enough for courts now; but it seems that some ~he Govornmen~ property at Harper's Ferry. I now ask leave to call 

gentlemen must have an act passed that shall give rise to litigation It up and b_ave It ao~ed ~m. . iu Utah; and here is a proposition to go back to 18GO, to go back ~!Iere betfg ?0 obJecti.on, the Senate proceeded to co~s1dor the folfonrtecn years; to stir up suits for aasaults and batt-cries, for tres- lo" rng reso utwn, subnntted by Mr. DA. VIS on the 20th m tant: 

paBfl, and the like, suits that in every State of this Union that has a Wbereaa what is known as the Harper's F erry armory property was sold at pub- . ·1 d b d · t t 1. k d t k th lie sale in 1869 to F. C. Adams by direction of tho Wnr Department, and the entire ctvt cc e aro arre m one or wo years- 0 go uac an ,a ~e em purchase-money thereof has long since been duo, but no part thereof has boon paid; Hll and r evive the canses of action against no't simply tho wrong-doers, aml whereaa from the neglect of said property it is fast depreciating ancl being <lcbut to crente a cause of action against those who wore in the govern- stroyed in value, to the pecuniary loss ancl suifeling of the people of lla.11J r's 

mcnt of the Territory whether they were the wrongdoers or not; to :rJ ~~J;r:~:(l~~c~eo=~~J'~!~h:~::y~tf~~re!~r::de ~:~~ rc \·ivc actions absolutely -barred. Where does the Senator get his Therefore, 

an tlwrit.v to do that, I should like to know f Resolved, That the .Attorney-Ge-neral oo requested to proceed at once by alllogal 

Mr. 1NG.ALLS. The Senator, certainly, a-s a lawyer, must be famil- means to enforce the collection of tho amount due tho Government by F. t:. Adams 

i:u with the fact that if the Mormons themselves have kept tho courts and his sureties on said purchase and to effectuaro a. resa.le of said J)roperty. 

closcu and refused parties the forum in which these matters can be Mr. DAVIS. I wish to amend the re olution by striking out the 

tried, when we now attempt to institute courts aml proviue for the latter part about effecting a resale. The words proposed to be stri0ken 

administration of justice, these claims ought certainly t-o be some- out are" and to eftectuate a resale of said property." 

tin cs ttied anu heard. The amendment was agreed to. ' 

l\1r. THURMAN. It will not do to say that tho Mormons have re- The resolution, as amended, was agreed to. 

fu ;ell a forum. Ever since 18.56 there have been courts of the United 

States in that Territory, I believe before 1856; ·courts maintained by 

tho power of the Go:- eral Government a.ml competent to afford redress 

to anybody who was wronged in that Territory. This proposition 

therefore is, as I said before, to revive caUBes of action that arc absolutely barre<.l; and I once more demand of the Senator to know 

whore he fill(ls authority to do such a thing a.s that f He has no more right to revive a. cause of action where the bar has become com· plete, than ther0 is to legislate that his house shall become my prop- er~. Yon may before the bar becomes complete, in a case of the 

statute of limitations, extend that act; but after the bar of the statute 

becomes complete tho Legislature has no power to revive that cause of action. 

.Mr. INGALLS. Docs not the Senator admit the fact that the statute 

of limitations never runs against fraud 'f 

Mr. THURMAN. I do not admit any such thing. 

Mr. INGALLS. It has been establi hod by the Supreme Court of 

the United States repeatedly. .Mr. THURMAN. I <lo not admit any such thjng as that the statute of limitations does not rru1 against fraud. It runs against many cases where there is fraud, actions of deceit, actions for obtaining 

money by false pretenses, and a VMt vo.riety of cases. 

!o."'IAG.A.RA RIVER BRIDGE. 

1\Ir. FENTON. I ask leave to take up a little bill, only a few line·, 

House bill No. 2909. 

There being no objection, the bill (H. R. No. 290!)) to declare the 

bridge across the Niagara River, authorized by the act. of Congress 

approved J nne 30, 18iO, a post-route, wa.s considered as iu Committ ee of the Whole. 

Tho bill wa.s reported to the Senate, order eu to a third reading, 

read the third timi, and pa sed. 

MESSAGE FROM THE HOUSE. 

A message from the House of Reprcsent,a,tivos, by Mr. McPHERSON, 

its Clerk, announced that the House bad agreed to the concm-r ut 

resolution of the Senate aut.borizing the Committees on Appropriations of the two Houses of Congress to meet at the Capitol dnriuothe recess of Congress to make mquiry into and report any mctl.wQ 

by which reforms may be made in tl.te expenditures iu the several 

branches of the civil service, UJJd the estimates of appropriat-,ions therefor, and the appropriation bills. 

ENROLLED BILLS SIG.:'ffiD. 

The message al80 announoed that tthe Speaker of the House had 
1874. CONGRESSIONAL REC.ORD. 5419 

signed the following enrolled bills ; and they were thereupon signed 

by the President p1'o tempore : 

A bill (S. No. 169) for the relief of Marcus Otterbourg, late consul 

of the United States at the city of Mexico and ministerto the republic of Mexico; 

A bill (S. No. 806) t,o extend the time allowed for the redemption of 

certain lands by the first section of the act entitled "An act to provide for the redemption and sale of lands held by the United States 

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

approved Jnne 8, 1872, and t.o suspend the operation of the fourth 

section of said act; 

A bill (S. No. 854) extending the right of way heretofore granted' 

to the Alleghany Valley Railroad Company through the arsenal 

grounds at Pittsburgh, Pennsylvania; 

A bill (S. No 733) regulating gas-works. 

COMMITTEE ON TERRITORIES. 

1\Ir. PATTERSON. I desire to call up a resolution I reported from 

the Committee on Territories a few days ago. 

1\Ir. SHERl\iAN. I move that tho Senate proceed to the consideration of executive business. 

Mr. PATTERSON. This will not take a minute. 

1\Ir. SHERMAN. The Senatorcanhave it pending when the Senate resumes legislative session. 

The RRESIDENT Jn"O tempore. The resolution indicated by the 

Senator from South Carolina will be considered as before the Senate. 

The Senn.tor from Ohio moves t.hat tho Senate proceed to the con- sideration of executive business. 

The motion was agreed to; and the Senate proceeded to the con- sideration of executive business. After ten minutes spent in execu- tive session the doors were reopened. 

WASHINGTON CITY AND PO~T LOOKOUT RAILROAD. 

Mr. HITCHCOCK. I move to take up House bill No. :3025. 

The motion was agreed to; and tho bill (H. R. No. 3025) supplementary to the act entitled "~ act to authorize the Washington 

Cit.y aud Point Lookout Railroad Company to extend a railroad into 

and within the District of Columbia," approved January 22, 1873, was considered as in Committee of the Whole. 

1\Ir. ROBERTSON. I think the Senator from Nevada [Mr. STEwAUT] objected to that bill, and it was laid over. The PRESIDENT pro tempm·e. The Senate has taken up tbe Uill 

on motion, and it is before the Senate as in Committee of the Who1o. 

The question is on the amendment of the Committee on the District of 

Columbia which was before read. 

The amendment was agreed to. 

Mr. ROBERTSON. I ask that the bill be read. I have not heard it. 

The PRESIDENT p1"0 tempore. The bill bm~ been read. 

:Mr. ROBERTSON. -Has it been reported from the Committee on the District of Columbia Y 

Mr. HITCHCOCK. Yes, sil'; it has been reported from tha.t com- mittee. 

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

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

a third time. . 1\.f.r. ROBERJSON. I call for the yeas and nays on tbe passage of 

the bill. I will say that the bill was up during the morning hour and was laid over. · Mr. HITCHCOCK. That does not make any difference. 

The PRESIDENT pm tempore. The Chair thinks a sufficient num- ber has not risen to second the call for the yeas and nays. The 

question is on the pa.ssage of the bill. 

Mr. ROBERTSON. I wish to record my vote against it. 

The PRESIDENT pro tempore. The call for the yeas and nays is·not 

sustained. 

The bill wa.s passed 

1\ir. ROBERTSON. I enter a motion to reconsider the bill. 

Mr. HOWE. I ask--

Mr. illTCHCOCK. I move that we a-ct on the motion to reconsider. 

The PRESIDENT pro tentpore. The question is on the reconsideration. 

The motion to reconsider was not agreed to. 

1\Ir. ROBERTSON. Can a motion to reconsider be acted on the same day it is made, unless by unanimous consent f 

The PRESIDENT pro tempore. Certainly it can. 

VIENNA EXPOSITION COMl\fiSSIONERS. 

Mr. HOWE. I move to proceed to the consideration of Senate bill 

No. 623. 

Tho motion was ngreed to; and the biU (S. No. 623) to enable the 

Secretary of State tq pay salaries to certain of the commissioners to 

the Vienna exposition, appointed under authority of joint resolution 

approved February 14, 1873, was considered as in Committee of the 

Whole. 

The hill allows the Secret:uy of State to pn.y out of any balance now remaining unexpended of the moneys appropriated in joint resolution 

approved February 14, 1873, ontitlO<l "Joiut resolution to enable tho 

people of t.ho United States to participate in the advantages of the 

international exposition to be held at Vienna in 1813" the sum of 

$500 oo each of the six practical artisans, five scientific men, llJld four 

honorary commissioners, appointed under authority of thn.tjoint reso- lution, who, in addition to undertaking reports upon special subjects 

at the ex.'}losition, either served upon interna.tional juries or wero tletained in Vienna by reason of assisting in the arrangement of the 

American department of the exposition or the performance of other duties imposed upon them by the State Department for a period of more than seventy-five days, as shown by the reeords on file in that 

Department. 

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

JJIESSAGE FRO I THE HOUSE. 

A message from tho House of Representatives, by Mr. 1\IcPIIERSON, 

its Clerk, announeetl that the House had passed the following bills: 

A bill (S. No. 683) to· authorize the use of gilt letters for the names of vessels; · A bill (S. No. 600) for the relief of Captain James B. Thompson; and 

A bill (S. No. 794) to legalize the muster of Reuben l\1. Pratt as second lieutenant. 

The message also announced that the House had agreed to the con- current resolution of the Senate authorizing the Joint Committee on the Library to sit during the recess. The messa.ge also announced that the House had agreed to the 

amendments-of the Senate to the following bills: 

A bill (H. R. No. 104) for the relief of James Coats, of Jackson, 1\fississipJ?i; 

A bill (H. R. No. 3254) to relieve the persons therein named of their 

legal and political disabilities; 

A bill (H. R. No. 3253) to remove the political disabilitie of Richard T. Allison, of Marylancl; 

A bill (H. R. No. 3172) to relieve Sardine G. Stone, of Alabama, of . political disabilities; 

A bill (H. R. No. 3091) to release J. W. Bennett from political disabilities; 

A Lill (H. R. No. 3086) to remove the political disauilities of George 

E. Pickett, of Virginia; 

A bill (H. R. No. 3027) to remove the disabilities of Van Ranselear 

Morgan, Thomas l\1. Jones, and Charles M. Fauntleroy of Virginia,. and of A. S. Taylor of l\1aryll1lld; 

A bill (H. R. No. 3406) to relieve Joseph Wheeler, of Lawrence 

County, in the State of Alabama, from all legal and political disauilities imposed by the fourteenth amendment to t.he Constitution; 

A bill (H. R. No. ~252) to remove the political disabilities of George 

N. Hollins, of Maryland; and _ A bill (H. R. No. 3413) to provide for the stamping of unstamped 

instruments, documents, or papers. 

CO~IMITIEE ON TERRITORIES. 

1\Ir. PATTERSON. Now I call up the resolution I reported from 

the Committee on Territories. · The Senate proceeded to consider the following resolution: 

Rr-&olvr.d, That be Committee on Territories be authorized to sit during tho re- cess, and w investiga.te as to the manner of the oxecntion of tho laws of tho Unitetl 

States in tJ10 Indian Terrirory ; also M to the wants and sentiments of tho inhabit;. ants of sai<l Territory, and l.he au:dsa.bility of creating a tcrritoral form of _govern. ment for sai<l Indian country; sai<l committC'O to ha;vo power w tako testimony antl send for persons and papers; and that tho expenses attending this investigation Rball bo paid out of tho contingent fund of the Senate, upon vouchers approved by the chairman of tho said committee. 

Mr. HAMLIN. I move to amend that resolution by inserting "and 

that each of the other committees of this body also have leavo to sit 

during the recess and rove over the colllltry and do about what they 

please." . That is a most vicious thing. I have not heard anything here like 

it. I believe we have authorized the Committee on the Library to 

sit, but they have some specific duty to perform which we have imposed upon them. This1·esolution, I take it, will meet the approba- · tion of no Senator unless it be amended as I propose, so that we shall 

ha.ve a good time riding over the country. 

1\Ir. CLAYTON. What is the business before the Senate l Is the 

resolution before the Senate 'I 

The PRESIDENT 1wo trmpore. It is. 

Mr. CLAYTON. 1.'hen I should like to make a few remarks. 

This resolution is reported by the Committee on Territories. That 

committee by direction of the Senate had under considetation a bill 

for the organization of a territorial form of government in the Indian conn try; 1t also had a -petition signed by a large number of persons 

claiming to be colored people inhabiting the Indian country. They 

set forth that they neither had the right-s of American citizens nor tho rights accorded to Indians. They set forth a very deplorable con- dition. It will be recollected that tho treaty of 1866 attempted to 

provide a way whereby that question should be adjusted to the satisfaction of both the Indians and the colored people, but for some reason or other that treaty never was carried into execution, aml today the Indians and the colored people there desire Congress to settle the question. 

In addition, it is well known that there is a great deal of lawless- ness in t.hc ludian Territory. It is a-sserted ou the one side that the 

machinery oftheFederalGovernmentthrough the United States courts 

does not grant sufficient protection to the people there and does not 

execute tue laws. On the other side it is asserted that it does. 

There is ~t dillcrence of opinion even among the Indians as to what . 
5420 .CONGRESSIONAL RECORD. JmTE 23, 

t.hey ought to have. Some think they ought to ha.ve an Indian government and some think the present conuition of affairs ought to 

continue. 

It does seem to me th2.t Congress ought to have some knowledge 

upon the e various questions. There it no portion of this country 

that is so little understoou as this Indian reservation. They lutve uo newspapers there; w bite people are exclude£1 from them ; aml tbe 

only information Congress has in relation to the doin~s in this Terr-itory comes from iuterested parties-IndL'ln agents, lnd1an traders, &c. 

It seems to me if Congress through a committee would give more investigation into the manner of executing. the law in the Indian 

country, in the Indian reservation, they would save a great deal to 

the Governmeut and they would do a great deal for the Indian. I thin~ we should have some opportunity to ascertain the exact condition of affairs there before we are called to recommend to the Sonate any measure looking toward the establishment of a government or anything else. . 'fhe territorial government measure has been before Congress for 

two or three years. It has attmct.ed the attention of Congress. All wo have is the information of lobbyists who bang arouml Congress 

and a few long-haired Inclians who come here paid to represent a cer- tain state of affairs. It seems to me that if you want reliable information on this subject or other subjects which have been referred 

to this committee, you must allow liS to investigate the matter. · There bus been a. proposition made, and it is on our tables now, for 

Oongregs to appoint a commission, to create new officers to make this 

investigation. · It seems to me wbilo Congressmen are paid a salary 

they can afford to devote a little time to investigate this matter for 

tho benefit of the Senate. I do not expect to be able to attend to this 

lmsinesr:; myself. I have no idea that I shall; but there are members 

·of the Committee on Territories who are willing to give it their attention and endure the labor and hardships attending such an inves- tigation. 

Tbe PRESIDENT pro tentJ.JOre. Does the Senator from :Maine insist on his amendment T 

Mr. HAMLIN. Yes, sir. The PRESIDENT pra tentpore. The question is on the amendment 

of the Senator from Maine which, will be read. 

1\Ir. SPRAGUE. I move a short executive session. I desiTO to make a report on executive business. 

:Mr. CLAYTON. I ask the Senate to dispose of this question. 

Mr. SPRAGUE. I withdraw the motion. 

Mr. SHERMAN. I am informetl by the Senator from Arkansas that. soveral·other committees are authorized to sit during the recess- the 

Committee on Naval Affairs, aml some others. I did not know that 

any were. I desire to say that this is a very modern innovation. I do 

not know that I have voted for any except ono and I happened to be a member of that committee; and if that was not an exception, I do 

not know of any. That was the Committee on Transportation, where 

it was necessary for the committee to go around, n.ml tho committee 

felt themselves under peculiar circumstances, aml they did not expend as much as the same number of gentlemen would expend ordinarily 

in traveling the same dist.ance. I think this habit of sending out com- mittees of this body all over the country is not to be.inuulgeu in. Jt; 

ba-s gone too far already. 

This matter to be investigated is a question of general legislation 

affecting a small portion of the country. We can act on ever.v matter that is embraced in this inquiry just as well without sending a committee of this body to the Indian country as in any other way. 

Every bill that is up, every measure that is pre en ted, presents fully as strong reasons for sending a committee of the body over the conn- try as this . . In the caso of a contested election or tho like there may 

bo some uoces~ity for sending away a committee. In the case of the 

Transportation Committee everybody can see the necessity of it; but 

I <lo not think the t.hing ought to be carried further. 

The Secretary of the Treasury at this v-ory se sion requested the 

Committee on Ways and Means and the Committee on Finance to 

meet here in tho city of Washington during the coming recess to 

holtl a special session for certain purposes, to revise the laws; but wo folt a delicacy about it, and were not disposed to ask tho Sen a to to concur in that, although it would cost the Government nothing; and we declined to do it. 

It <eems to me we ought now to stop; we onght to go no further. 

P rhaps we have furnished precedent that arc bad, which would 

naturally lead the Senator who offered the resolution to propose it. 1\lr. CLAYTON. This proposition is made by a committee, not by a Senator. Mr. SHERMAN. But, at all events, it seems to me that the proposit-ion that wo are ca11ed upon to consider is purely a matter of public iuforma,tion, which can be brought to the Senate of the United 

ta.t.es just as well through the ordinary channels by the executive 

authorities as by sending out committees of the Senate on a roving 

commission. I shall feel myself bound to vote against. the resolution withont 

any discourtesy to the committee or to any ono who may vote for the 

}H'oposition. Unless ther is some special rca ou, some peculiar circumstances, some 'necessity for examining the locus in quo under circumstances that '1 proper court would order a jury to go and examine 

tho premise , I will not vote for any more of these roving commissions, and this case does not pre ent that exception. The Indian 

Territory is just aa well known to the people of the Uuitecl States as many States of the Union. Although we have not been there we legislate about, it and we can just as well legislate about the condition of affairs in the Indian Terr-itory on information of an official 

character spread on our records as we can by sending a few of our members there to sec the Indian country. 

It seems to me that we ought not to cletach a portion of the Senate 

of tho United States in their official character on a. mere. question of 

ptLblic policy, on the pas age of a law affectino- certain port.ion of 

the country, to go roving around. There is no justification for it. Tho 

expense involvccl is not very great, alt.hough it will amount probably 

to about 10,000. That is about the ordinary expense of one of these 

committees. The Committee on Transportation cost something le ·s than that, traveling all over the country. The question of e:xpen es is not so important; bnt consider the example that is being set, 

which will be continued anil increase<.l until finally all the committ.ees 

of the Senate will bO wandering over the country for some time car- rying thefing of the Senate of the United States, having a good time 

generally, seeing what is to be seen and being feasted and treatell. Unless them is some special reason, some special case that bas not 

yet been namo<l by the Senator, I think the Senate ought to put a stop to this business by rejcctino- the proposition. Mr. HAMLIN. I want to modify my amendment ancl simply make 

it apply to the Committee on Mines and Mining. I t.hink this body 

understands really as little of tho value and locality and what belongs to the mining industry as of any subject that comes before u , 

and it is a ·vast subject. I think they can group more information 

that will be n eful to this bouy than a half-dozen Indian committees. 

I \\"'ill therefore confine it to that. ·The PRESIDENT pro tempore. The Senator from M~tine moves to 

amend the resolution by auding "the Committee on .Mines and. Mining.',-

Mr. BUCKING.Hili. I have refrained from saying anything on this subject, but I will not refrain longer. If any committee is to 

visit tho Inclian Territory it seem1:1 to me it should be the Committee on Indian Affairs, the committee t.o which is committed more particularly those questions which refer to the government of Iudian aml 

the relations which the Government of the United States SllStain to 

them; not tha,t I want to go, not that I desire to have the Committee on Indian Affairs go. I have no such desire. On the contrary, I think wo can otherwise secure all tho information which is neee ary to 

enable us to establish goo<l government and maintain good government over the Indian Tci-ritory a.s we can over tho Territories of 

Washington an<l Colorado. It seetns to me the Committee on Territ.orics, with all duo respect to their judgm~nt, are stepping a little 

ont of their latitude, although I agree that when the question of 

territorial governments comes up they consider it as belonging to 

them. 

1.fr. HAMILTON, of Texas. If I could be surprised at anything now in the way of enormities, it would be at the proposition of tho 

Senator from Arkan as to send the Committee on Territories out to 

work up a job that has been persistently workeu up for the la t 

twelve or eighteen months. 

Mr. CLAYTON. I want to say to the Senator from Texas in the 

first place that this is not my proposition. I have said over and over again that this is a proposition submitted to this bocly by tho Committee on Territories. I want to say to him more tlwm that-that 

this is not a proposition to· work up any job. Ho assumes too much 

when he as umes that it is. • Mr. HAMILTON, of Texas. Mr. Pre ident, I live on the lJord r of 

the Indian Territory, and I feel interested in this matter. I know 

what the Indians want-- · Mr. PATTERSON. I wish to correct the Senator from Texa . · Mr . .HilllLTON, of Texas. I have ueen appealed to again antl 

again by the friends of one or two railroad compv.nie that pa th rongh 

that Territory and by a number of persons living around the Indians, 

in Kansas and Missouri and Arkansas and in Texas. I know that 

all the people in that region of country, or nearly all of them, want tbo 

Imlian Territory settled. up. They nil tell me so. I say to them "You 

cannot invade the rights of the Indians in the Territory wit-bout their 

consent. They are under treaty stipulations with the Government 

of the United States, and the Government is bouu<l to protect them." 

Tho lntlL'IDS do not want the organization of a territorial governm nt 

there. They have told you so almost in a body. I think every cn- ator on this fioor knows the fact.. They have kept delegations Tt •ro all this winter at heavy eX}_)en ·e in order to protest against this tb in~, 

because they feared that it would be sprung upon them and carried 

through without their knowledge. 

1\Ir. President, I see from the papers in Ka.usas- and tho headqn:wters of the force that is working up this scbemo.i a.t La.wrence Kansas- that they say there arc from ten to fifteen thou and people now waiting on the outhern border of Kansas to go iuto this Territory as soon a1:1 it is organized. Mr. INGALLS. I will say to the Senator that the enti.Inent of tho 

people of Kansas is almost unanimous against this tenitorial org::miza.t.ion. 

Mr. HMliL TON, of Texas. I ::un very glad to boar tho Senator f>::ty 

so; but I recollect that one of bis citizens was i.Jt lJaltinwro lust .fall 

lecturing on the subject, and he stat.e<l a very <.lilfcrcnt thing. 

Mr. INGALLS. What citizen was that f 
. i874. CONGRESSIONAL RECORD. 5~2f 

Mr. HAMILTON, of Texas. I have forgotten his name. 1\lr. INGALLS. A Colonel E. C. Boudinot, from the Indian Nation. 

Mr. HAMlLTON,·of Texas. No; I know Colonel Boudinot; this was a.nother gentleman. Mr. STEW ART. Will the Senator give wa,y to me that I may move to reconsider the railroad bill which we passed in what was really executive session, the Point Lookout Railway Y 

Mr. HITCHCOCK. That motion has been made and voted on. Mr. STEW ART. I was taking Junch, su1)posing the Senate was in 

executive session, and was watching that bilL 

Mr. HAMILTON, of Texas. ·with due deference to tho statements 

and entiments of tho Senator from Kansas--

1\Ir. STEW ART. Allow me-- The PRESIDENT p1·o tempore. The Chair would like to understand 

whether the Senator from Texas yields to the Senator from Nevada 

to allow him to enter a motion to reconsider the vote referred to. 

Mr. HAMILTON, of Texas. Yes, sir. 

The PRESIDENT p?'O lempm·e. Then t},le inotion is entered. 

Mr. DAVIS. I rise to a point of order. A motion was made to 

reconsider the vote by wJtich the Senate passed the bill that the Senator moves to reconsiuer, and ti..Htt motion was voted down within the 

l.aBt half-hour. Now is it in order to make another motion to recon- sider Y , 

The PRESlDEN'l' Jn·o tempore. The Cha.ir had forgotten that. The 

Senator from West Virginia is right. A motion to reconsider was made ancl voted down, and it cannot be renewed. 

M.r. HAMILTON, of Texas. Now I hope I shall not ue interrupted 

again. I wa::;· going to remark, with due def!3rence to tho statoment 

made by the Senator from Arkansas, that the troubles and lawles ne s in the Indian Territory are not abitworse than they aro in Ark:tnsas, 

and I do not th.ink they are as bad. l\Iy opinion is th:tt Arkansas and some of the other surrounding Si,ates aro not much better off than 

tho Indian Torritory as far as that is concerned. 

I have to say, once for all, that if this scheme is carried, it means- the breaking up of the Indian Territory. Everybody understands 

that. There is not an intelligent man anywhcro in tha,t region of 

country who does not know tha.t every Indian, except perhaps a few 

civilized half-breeds who will become citizens of the United States, 

will be sca.tteretl upon the plains to fora.ge on the frontier of Texas 

for his suu ·i::>tencc. You get a legislatme in session thoro in the Indian Territory, and it will be bought up by a milroa(l 1·ing in less 

than forty-eight hours; the lands will be. sectionized and thrown into 

market; tile Indians will be crowdecl out and driven God knows 

wllere, anu you will develop a party of Captain Jacks before you get 

through "\Vith it, and every portion of the frontier will suffer in con- sequence of it. 

But it is saitl that it is a nocessity. The wants of commerce and 

the progre:ss of civilizaticm require that these people should give 

way. 'l'hm·e is a long line of railroad at every passage of that coun- try that does not pa,y the expenses and they want the c01mtry set- tle<! np in order to enaulo them to extend their lines. I protest against any action on the part of the Congress of the 

United State6 looking towaru the organization of a territori:tl government there until a majority of all the Indian tribes within the 

limits of the Territory shall petition the Government of tho United 

States to that end. H you do it before that yon destroy their rights; 

it means spoliation; it means the destruction of the romnant of the 

Intlians that wo are tJ·ying to civilize there. 

I move to iay the resolution on the table. 

The motion was agreed to. 

1\fESSAGE. FR0!\1 TilE HOUSE. 

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

it.s Clerk, announced that the House had concurred in tho am·endmcnts of the Senate to the bill (H. R. No. 3023) for the relief of Andrew Ma:son. 

The message :tlso announced that the House hacl pa setl the bill (S. No. 321) reorganizing the several staJf corps o..E the Army. 

The message further announced tb..:'tt the House had concurred in 

the concurrent resolution of the Senate authorizing the Joint Committee on Public Printing to sit during the coming recess of Congress. 

ENROLLED BILLS SIGNED. 

The message also announced that tho Speaker of tho House hoo 

signed the following enrolled uills; and they were thereupon signed 

uy the President PJ'O tempore : A bill (H. R. No. 294) for the relief of J oab Bag loy; 

A bill (H. R. No. 7G:3) for tho relief of Oliver P. Mason; 

A bill (H. R. No. 1305) gmnting a pension to E. Caroline Webster, 

widow of Lucius H. Webster; 

A bill (H.R. No.1410) to fix the salaries of the clerks at the United 

States ru-mory in Springfield, Massachusetts ; 

A bill (H. R No. 1939)for the relief of the sureties of James L. Collins; . 

A bill (H. R. No. 2187) authorizing and requiring the issuance of a patent for certain lands in the county of Scott, in the State of Missouri; 

A bill (H. R. No. 20!;8) for the relief of James Lillie, postmaster at 

Lisbon ville, Ray Connty, Missouri; 

.A bi11 (H. R.. No. 234~) for the relief of Burke & Kunkle; 

A bill (H. R. No. 2791) granting a pension to Franklin Stoner; 

A bill (H. R. No. 2891) for the reJiof of Mrs. Louisa Eldis, of Sandusky, Ohio; 

A bill (H. R. No. 2990) for the relief of Je se F. Moore and Cha-rles 

W. Lewis; 

A bill (H. R. No. 3088) to extend the time for completing entries of 

Osage Indian la.nds in Kn.nsas; 

A bill (H. R. No. 340G) to relieve Jo eph Wheeler, of Lawrence 

Cotmty, in the State of Alabama, from all polit.ical disabilities imposeu by t.ho fourteenth amendment to the Constitution; . .A bill (H. R. No. 3411) to amend an act entitled "An act to incorporate the trustees of the Femalo Orphan .Asylum in GeorgetOwn, 

and the Washington City Orphan Asylum in the Dist1·ict of Columbia.," a.pproved May 24, 1828; 

.A bill (H. R. No. 343:t) to protect lines of telegraph constructed or used by the United States from malicious injury and obstruction; and 

A bill (H. R. No. 3581) to protect persons of foreign birth against 

forcible constraint or involuntary servitude. 

E. MELLACH. 

Mr. STOCKTON. I h:tve not asked a courtesy from the Senate 

this session. Thore is a little bill that I w:tnt to have taken up and 

put through the Senate. It is a bill from the Naval Committ.ee, a. !Jill that is eminently right, and if any gentleman wants it explained 

I will explfl>in it. It is a very small matter, antl concern.~ a constituent of mine in my own town. 

There being no objection, the bill (S. No. 89 ) to autho1'ize the 

settlement of the accounts of Passed Assistant Paymaster E. Mellacb, 

United States Navy, was read the seconcl time, and considered as in 

Committeo of the Whole. It directs the accounting officer of the 

Treasury of the United States, in settling the a~counts of E . Mellach, 

passetl assistant paymaBter United States Navy, to credit him with 

aJl stoppages charged against him, amounting to '25,104.9<3, ::m<.l to 

allow him his pay from the 2d of May, 1872, to the 7th of April, 1874. 

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

read the third time, and passed. . 

COURTS AT EVANSVILLE. 

Mr. WRIGHT. I am instructed by the Comm1ttee on the Judiciary, 

to whom was referred the bill (H. R. No. 2534) to change the time for 

holding the circuit and district courts at the city of Evansville, to 

report the same back without amendment, and I ask that it be put on its passage. 

By tmanimous consent, the bill was considered as in Committee of 

the Whole. It provides that the terms of the circuit c ntl district 

courts of the United States for the district of Indiana,, which are provided by law to be hol<.len at the city of Eva.nsvillo, shall hereafter 

be held at that city on the first Mondays of April and October in ea~h 

year. 

The bill wa-s reportecl to the Senate, ordered to a third reatling, 

read the third time, and passed. 

INDIAN LANDS L~ KANSAS. 

1\Ir. CONOVER. House bill No. 3352 waa up this morning, to 

which I objecte(l under a misapprehonsion. I wish now to withdraw my obj~ction, and move to ta.ke up the bill. 

The motion was agreed to; and the bill (H. R. No. 3252) to provide 

for the sale of certain Indian lands in Kansas was considered as in 

Committee of tho Whole. 

The bill was reported t.o the Senate, ordered · to a third reading, 

,read the third time, and passed. 

WILLIAM C. BRASHEAR. 

Mr.CONOVER. There is a billfortherelief ofWilliamC.Brashear, 

of the Texas navy, which I think will take but a moment, and I ask 

that it be considered. It is Bon e bill No. 2198. 

Mr. INGALLS. That bill was laid aside this morning on my objection, but after examination I withuraw the objection. 

There being no objection, the bill (H. R. No. 2193) for the reli~f of 

the heirs ~tt law of William C. Brashear, an officer of the Texas navy, was considered as in Committee of the Whole. It proviues for tho 

payment to the heirs at law of William C. Brashear the amotmt of 

leave pay per annum, from the date of the annexation of the republic 

of Texa.s to the date of his demise, it being the rate and pay to which 

he would have been entitled as an officer of the Texas navy 1m<ler the 

twelfth section of the act entitled "An act making appropriations for 

the n:tval service for the year ending June 30, 1858," approvedMarcl 

3, 1857, in the event that he had livetl to the passage of that act. 

The bill was reported to the Senate, ancl ordored to a third reading. 

Mr. WASHBURN. I suggest to the Senator if he wishes this bill 

to pass he ha.d better let it remain where it is. He will lose ills bill 

if it passes here, as it cannot be enrolled. 

Mr. CONOVER. It is a House bill. 

Mr. WASHBURN. I understand that House bills that pas ed an 

hour ago cannot be eill'olled before tho adJ urnmeut. 

The PRESIDENT p1·o tempore. They can be enrolled at the next 

session. 

Mr. CONOVER. It is a matter in which I have no interest, but 

the bill is eminently just and proper. 

Mr. WASHBURN. I tlo not object to the bill, but I think it wonld 

put the bill in a bad position to pass it now. · Mr. HAMLIN. Any bill, as the Senator says, that is passed now is 
5422 CONGRESSIONAL. RECORD. JUNE 23, 

killed; it goes off the Calendar. If there be merit in it let it remain on the Calendar and we can take it up at the next session. 

The PRESIDENT p1'o tempore. The Chair would suggest, with all 

deference to the Sen~tor from Maine, that bills passed and not en- mlled can be enrolled at the commencement of the next session. It 

is a stop in the regular progress of the bill. 

Mr. HAMLIN. Very welJ. 

The bill was read tho third time, and passed. 

INTRODUCTIO~ OF DILLS. 

Mr. FENTON asked, and by unanimous consent obtained, leave to 

introduce a bill (S. No. 961) for the relief of John R. Harrington; 

which was read twice by its title, and, together with the petition in 

the case, was referred to the Committee on Patents. · Mr. \VRIGHT asked, ~d by unanimous consent obtained, leave to 

introduce a bill (S. No. 962) to authorize the Commissioner of Patents 

to extend certain lettera..-patent therein described; which was read 

twice by its title, and, together with accompanying papers, referred 

to the Committee on Patents. 

KANSAS L~DIA...~ LANDS. 

Mr. BUCKINGHAM. We stopped on the Calendar in the order of 

business No. 675. The next bill is ~me that is regarded as important 

by the Committee on Indian Affairs, and I n.sk that it be taken up. 

There being no objection, the bill (H. R. No. 3528) providing for 

t.J1e sale of tho Kansas Indian lands in Kansas to actual settlers, a,nd 

for the . disposition oi. the proceeds of the sale, was considered as in 

Committee of the Whole. 

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

the third time, and passed. 

I.MPROVEME"l'-.""r OF OOSTENAULA RIVER. 

:l!Ir. GORDON. I am directed by the Committee on Commerce, to 

whom was referred the bill (H. R. No. 3327) to provide for the improvement o.f the Oostonaula River, in tho State of Georgia, to report 

1t without amendment, and ask for it-s present consideration. 

By unanimous cons.ent, the Senate, as in Committee of the Whole, 

proceeded to consider the bill. It appropriates the snm of · 10,000 

for the improvement of tho Oostenaula River, in the State of Georgia. 

The bill was reported to the Senate without amendment, ordered 

to a third reading, read the third time, and passed. 

PUBLIC BUILDING AT AUBURN, NEW YORK. 

:Mr. MORRILL, of Vermont. I move that the Senate proceed to 

the consideration of House bill No. 3761. 

The motion was agreed to ; and the bill (H. R. No. 3761) directing 

the Secretary of the Treasury to report upon the necessity of a public building at the city of Auburn, New York, was considered 38 in 

Committee of the Whole. It directs the Secretary of the Trenaury 

to report to Con <Tress at the beginning of its next session w bother the 

present needs oi the Government require the erection of a public 

building at Auburn, New York, and tho estimated cost of the same. The bill was :r;eported to the Senate without amendment, ordered 

to a third reading, read the third time, and passed. 

J, SCOT!' PAYNE. 

Mr. CLAYTON. I ask the Senate to take up the bill (H. R. No. 

2771) for the relief of J. Scott Payne, second lieutenant Sixth United 

States Cavalry, late first lieutenant Fifth United States Cavalry. 

Mr. EDliUNDS. I wish to ask the chairman of the Committee on :Military Affairs to explain, before this bill is taken up, how it affects 

tho question of jumping this person into the rank of a first lieutenant ·over all the second lieutenants, and over all the first lieutenants below 

himY 

:Mr. LOGAN. I do not know :mythin<T about the bill. It was reported 

in my a,bsonce. The Senator from Ar~nsas has charge of it. 

Mr. EDMUNDS. I had forgotten that the Senator from Arkansa-s was a member of the Military Committee. I should be glad to hea:r 

my friend from Arkan&'tS explain how it operates, before the bill is 

taken up. . Mr. CLAYTON. There is a report in the ca-se and perhaps the read- · ibg of it would be more satisfactory to tho Senator. It is a report of 

tho House committee which the Senate committee adopted. The facts are about these: This officer tendered his resignation to take ~ffect 

some three months ahea{}. The resignation was Mcepted before that 

time. The conditions of the resignation were not compilccl. with. 

This proposition is merely to give the President authority if he sees proper-it doos not require him do it bnt merely authorizes him-when a vacancy occurs to place this officer iii the position he would be entitled to occupy if he haclnot resigned. He withdrew tho resignation. 

:Mr. EDMUNDS. How could the officer withdraw his resignation 

after it was accepted, I should be glad to know T 

Mr. CLAYTON. It wa¬ accepted in accordance with the terms 

of tho resignation. He resigned to take effect some time in Decemb r a,nd the re ignation was accepted to take effect in September, 

a-ccepted immediately. The terms of the resignation were not com- plio{l with in the acceptance. 

Mr. EDMUNDS. I should like to hear tho report read. 

The PRESIDENT pro te»~JJOre. The report will be re:Hl. 

The Chiof Clerk read tho following report, submitted bv Mr. Do~-

NAN from the Committee on Military Affairs of the House of Representatives on the 2d of :May last: 

The Commitree on Military Affairs, to whom was refertod the Ho~se bill No. 

2771, having had the same under consideration, respectfully submit the following 

report: 

In the mouth of June, 1868, J. Scott Payne, then first lieutenant Fifth United 

States Cavalry, tendered his letter of resignation, to take effect December 1 of same year. Subsequently charges. were preferred against him, and he was summonetl to appear beforo a court-martial at Washington, District of Columbia, oarlyin August, 186a. Pending tho trial be applied to tho then Secretary of War forthowitbdril.wal 

of his resifCJlation, which wag (leclincd. The court.ma.rtial acquitted him of tbe char~res, but the resignation which ho had asked to withdraw was accepted Septcm. 

her 12, 1868. On the JOth of January, 1869, the War Department issued Special Order No. 25, 

as follows: 

[Extract.) 

8. By diroot;ionof the President so muchof the Special Orders No. 220, paragraph 

4, from this office, dared September 14,1868, as n.ccepts the resignation of First L,i n- t~t J. Scott Payne, Fifth United States Cavalry, to take effect Septemb& 12, 

1Bf>8, is hereby revoked. • ... 1J • • * • • By oommand of General Gmnt. 

E. D. TOWNSEND, AsriBtant Adjutant-Generat 

It is claimod that the President could not restore lio the service an officer who had 

resigned by revoking the n.cceptanceof his resignation, and no effect has been given to Special Order No. 25, abQYe stato<l. Last year the President appointed Payno a second lieutenant in the SIXth United States Cavalry. The bill before the com- mitteee provides in case of tho first vacancy tlmt this officer be reinstated in tho 

grade which he held in his old regiment, thus giving effect to the special order of 

the War Department of January 30, 1869. 

The bill is, however, imperative in its terms. The committee recommend strik· 

ing out of lines 6 and 7 of the bill tho words "shaJ.l be appointed," and in. erting after tho word cavalry in the fourth line the words • • the President is hereby authorized to ap,Point." And bemg so amended, the committee TeOOmm.end the passage of tho bill. 

Mr. EDMUNDS. I do not think this bill can be finished in some considerable time. It involves the question of jumping an officer who 

under charges offers his resignation, although the charges are not 

technically proved afterward, over the heads of those who would como before him and were promoted in consequence, a thing that is perfectly 

destructive to all discipline and good feeling in the .Army, and it will 

require a good deal of consideration before this bill can pass or be 

rejected. We ou~ht to understand exa-ctly what we are about. There are matters which require consideration in another capacity, and I 

move that the Senate proceed to the consideration of executive business. 

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

the Senator from Vermont. 

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

Mr. EDMUNDS. The motion is not debat.ab]e. 

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

Senator from Vermont. 

The motion was agreed to; and the Senaii(\proceeded to the consideration of executive business. After ten minutes spent in executive ses- sion the doors were reopened. 

MESSAGE FROM THE HOUSE. 

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

its Cle1·k, announced that the House had agreed to the amendments 

of the Senate to the bill (H. R. No. 3097) in relation to courts and 

judicial officers in the Territory of Utah. 

The message also announced tha,t the House had passed the following bills: 

A bill (S. No. 633) for the relief of A. H. Von Luettwitz, late lieutenant in Third United States cavalry; and 

A bill (S. No. 775) to authOI'ize the construction of a railroad 

bridge over the Willamette River, at Portland, in the State of Oregon. 

ENROLLED DILLS SIGNED. 

The message also announced that the Speaker of the House had 

signed the following enrolled bills ; and they were thereupon signed 

by the President pl'o U1npm·e: 

A bill (S. No. 6H3) to authorize the use of gilt letters for the names of vessels· 

A bill (S. No. 794) to legalize the muster of Reuben :M:. Pratt as second lieutenant ; 

A bill (H. R. No. 104) for the relief of James Coa.ts, of Jackson, 

.Mississippi; 

A bill (H. R. No. 3094) making appropriations for the service of the 

Post-Office Department for the year ending June 30, 1875, and for 

other purposes; A bill (H. R. No. 3091) to release J. W. Bennett from political disabilities· 

A bill (H. R. No. 3086) to remove the political disabilities of George 

E. Pickett! of Virginia; 

A bill (H. R. No. 3252) to remove the political disabilities of George 

N. Hollins, of ~L'liyland; 

A bill (H. R. No. 3253) to remove the political disabilities of RichardT. Allison, of Maryland; 

A biH (H. R. No. 2909) to declare the bridge aero the Niagara. River authorized by act of Congress approved June 30, 1870, a post- _ route; 

A bill (H. R. No. 3266) for the relief of Pekin Alcohol Manufa-cturin..,. Company; and A bill (II. R. No. 27!>8) for ~he relief of John J. Havden. 
1874. CONGRESSIONAL RECORD. 5423 

THANKS TO PRESIDENT PRO TEMPORE. 

Mr. BA.YA.RD snl)mitted the following resolution; which was unanimously agt·eed to : 

Resolved, That the thanks of the Senate are due, and hereby are tendered, to the Ron . .M.A'ITHEW H. CARPE);TEU, for the courtesy and ability with which he has presided ovor thoir deliberations. 

TRIAL OF F. A. DOCKRAY, IN CUB.A. 

Mr. CONOVER. I move that the Senate proceed to the consideration of the resolution offered uy me on the 14th of l\Iay last, in refer- ence to the an-est, imprisonment, and trial of F. A. Dockray, a citizen . of Florida. - The moti<111 wa.s agreed to; and the Senate proceeded to consider 

the following resolution: 

Resolvw, That the President of the United States is hereby requested, if in his 

opinion compatible with the public interest, to lay before t11e Senate the corre- spondenoobetween the Government and our consular agents iu Uu ba. and tho Spanish 

government in reforence to the arrest, imprisonment, and trial of F. A. Dockra.y, a. citizen of the United States, for alleged political offensea committed in Cuba. 

Mr. CONOVER. Mr. Presillent, there is nothing so peculiar in the 

conduct pursued by the Spanish u.uthorities in Cuba toward Mr. 

Dockray that alone would have led me, as a representative of the 

State of which he is a citizen, to move the resolution relative to 

him. His case, unfortunately, is not singnlar. We have been made 

too familiar in the past with arbitrary arrests, military trials, and 

illegal executions of American citizens by those who have hold despotic authority iu the island of Cuba to be surprised . by any new arrest. I am woll satisfied that the executive department has been 

mindful of Mr. Dockray's cla.im. upon its protection, and that all 

proper steps to obtain for him that kind of trial and those safoguards of liberty which are guaranteed to him by the treaty between the United States and Spain have been ta_kon. 

Had Mr. Dockray been arrested in any one of tho European ld.ngdoms, charged with an offense against its sovereignty, I should have 

presented my application for governmental interference in his behalf 

to the Executive only, confident that the nation by whose authority 

ho waa an-ested would concede to him a fair trial before impartial 

judges, and all proper means of defense; but when I recur to the moues of proceeding which have in Cuba supplanted. judicial inC]_niry 

and deliberate, honest jutlgments; when I consider who it is that ~overns in the island, that armed mobs overawe captains-general and 

force capital convictions by the terror with which they inspire those 

who sit to try the accnsed, I cannot allow this session to pass without an effort to have the Executive action morally strengthened by such a manifestation Qf the sentiment of this branch of the legisla.-

tive body as will indicate to the Spaniards in Cuba, whether they be 

tho lawful rulers or the lawless power behind and above them, that 

the people of t.he United States will brook no further outrn.ges such as they have hitherto allowed to pass unrequited and unavenged. 

The pa.ssage of the resolution will, I think, obtain for the- Senat-e 

information which will enable this body and the people of ·the United 

States to learn on what pretexts American citizens ure an-ested and 

detained without trial, secluded in filthy dungeons, and subjected to 

all the outrageous cruelties that have become the fixed rule in Cuba. 

A.nd now that the Senate is considering this single ease, and its 

attention is called to the dangers which menace . the citizen of the 

United States whose presence in Cuba attracts to him the suspicion 

of the Spanish authorities, and the dangers to which he is exposed 

when accused of complicity with the Cuban revolutionists, it is not 

inappl'Opr:iate to consider further whether the United States should 

longer refrain from expressing in some suitable anu proper form its 

sympathy with those who are struggling to overthrow Spanish rule 

in the island, or, should it be deemed contrary to our duty as a nation 

to make a solemn public declaration of those sentiments which it 

may be assumed our people individually entertain in fs.vor _of the 

Cuban patriots, whether we should not extend to them that measure of support which their struggle will derive from a recognition by the 

United States of their claim to be regf!Xded as belligerents, and entitled to tho rights and privileges which, in accordance with the usages 

and laws of nations, we may accord to them as such. 

The government of Cuba is adespotism, the captain-generalhaving 

by the royal decree of 1825 the same powers possessed by a military 

commander where military law exists; superadded to that tho power 

of banishment, confiscation, andimprisonment wHhout trial, and. the 

right to impose taxes without being accountable for the taxes collected. 

I read from the decree : 

Ris Majesty the King, our lord, desiring to obviate the inconvenience. which 

might result m extraordinary ca.sea from division of collliiUlnd and from the i..nterforcnces of powers a.nd prerogath·esof the resJ?Cctivo oflicers; fur theimporta.ntend 

of prese1:ving in t~Ja~ premoua island (Cuba) h1s legitimate ~vereign author~ty a.nd t.he ~mbhc tranqrullity through ·proper mean a, bas r esolved, m accordance With the 

opimou of his coUIJcil of ministers, to give to your c:'toollency the fullest authority, 

bestowing upon you all the powers which by tho royal orilinancea aro gr'UDted to the overnors of besieged cities. In consequence of thi<>, His MaJesty gives to your exce1lc.ncy the most ample and unbounded :power not only to send away from the 

island :111y persons in otlice, whatever be thmr occupation, rank, class, or condition, 

wl.wse continuance therein your excellency may deem injurious, or whoso conduct, 

~~~~t;~td'~~:~~i~tf~11l~~~~:~~'i ;~:no~VfJ:~;~t~~ ~hf:!~~p~d tho oxecuti9n of auy ordor wha.taoev6r or any general provision ma<lo concerning any branch of the udminit!tration as yottr oxoelloncy may think most suitable to the royal service. 

The natives are entirely excluded from office and viewed as ene- mies; " driven from all profitable occupation.s in order to make room for Europeans; molest ed in the enjoyment of.. their property; · and 

obliged, in order to obtain a precario?-S personal security, constantly 

to make presents and pay black-mall to the n.gents..of the govern- ment." The taxes imposed and carried away from the hllancl annu- ally are about $35,000,000. 

I quote from reliable authority: 

The amount of taxes collected in 1866 by tl1e Spanish government was 26,806 382. 

As wo bavo no later ofiici.'l-1 r eports, we estimate that, with the n ew t.'llxes impi1sed 

in 1867, the public revenues in l SUB must have amounted to 835,000,000. About 

12,000,000 of this amoimt is derived from the custom-house, $2,000,000 from the 

government lottery, '11,000,000 from tax upon tho productions of tho soi1, and the 

balance from taxes on trade and other sources. To this amount there can be addc<l 

from fifteen to twenty million dollars more, which the people pay in fraudulent ex<: actions and contributions. 

The government of Madrid has been for the laat ten years receiving from Cuba 

from :fi.'"o to six millions annually, calle(l the ultra-marine surplus, and it.has made 

Cuba pay the expense of the penitentiary of Fernando Po, ofl" the coast of Africa, 

which coats not less th:ttt ~'200,000 a year. Cuba ulso paitl tho expenses incurred by the Mexican expedition in 1863-, which 

amounted t<J $10,000,000, and of the war with San Domingo, which amounWd to about $22,000,000. . 

None of this money is used for public works, schools, hospitals, or sanitary regulations, and moneys extorted from private citizens os- tensibly for these purposes have been appropriated aml carried away 

from tho island. These operations have led to several efforts for 

freedom, commencinrr at the time the South American republics re- volted; all of which have been failures up to the present revolution, 

which began in 18G8. In 1844 military means were set to work to 

suppress an alleged conspiracy. The parties accused were rich, free 

colored men, who were put to death and their property confiscated; 

"theil· lives tn,ken by wholesale on the scaffold, while not a few of 

them died under the lash, which was freely and mercilessly used to 

compel them to confession." All efforts to obtain reform and all petitions to the throne proved failures, O\ving to the influence of the 

Spaniards in tho island. 

Leading Cubans desire the abolition of slavery. The Spaniards 

desire to perpetuate it and to increase the number of laborers in bondage by the introduction of coolies and African apprentices, which 

furnish an additional reason for the hostility of the Spanianls to the native · Cubans, notwithstanding the despotic power of the captaingeneral is bad enough. 

I propose now to show that Spain is utterly pQwerless to gmrern 

in Cuba, and exercises no control except such as is agreeable to the 

volunteers. 

Since the commencement of the revolution the "volunteers" have 

completely defied both the captain-general and the home government. They drove out General Dulce and treated the Spanish minister who came to the island with contempt, and boldly declared that 

they would not obey n,ny decree of the home government which did 

not suit them. We have the highest authority that these evils exist 

in speeches of leading republican members of the Spanish Cortes 

in the presence of the ministers, and not by them refuted. Senor 

Quintero on one occasion said, in reply t.o a remark of the colonial 

minister: 

I have no objection to reply that I fully recognize the servicea rendered by the 

Havana volunteers so fu.r a.s regards the murders committed at the Cafe del Lou rre and elsewhere, a.s also in expelling and sending ba{)k hither General Dulce ; aa I am thoroughly well aware of the ignominy hea.ped upon the Spanish government for 

suffering such an attack upon it.s diguity. If there had boon any sense of decorum 

in the government General Dulce would have returned with a squadron at his 

~~;;;r:enfh:~~~~:/~o1~~~of~!'::.e rebels, for in plain truth tho real Cuban 

Senor Benot saill in a debate in the Cortes: 

What have I not t<J fear, when under the name of love for Spain they sand our captain-geneml back to us again 1 Spain docs not govern in Cuba, for if sheilid she 

would not suffer innocent children to be .shot down as they have been. Most of you, 

my lords, are fathers. Picture to yourselvea in your inind's eye your sons, being 

absent from the univeTS:ity of Havana in consequence of the absence of a profe or, going in a spirit of boyish light-heartedness to a neighboring cemetery w play. 

Imagine, fur tbis irreverence and a certain want of confidence that exit; ted in the. authorities, a ferocious and riotous mol> taking your sons yrisone111, subjecting 

them to a council of war, accusing them falSely of in..iurll:l$ tbe t:nmbs who e glass fronts still remain intact! Imagine again the council of war acquittin"' 

them, and this savage rabble, worked up t<J a pitch of paroxysm at human lJlood 

being denied them, subjecting your innocent.son.OJ after they had been aoqnitteU, t<J another cotmcil of war; and there at the point of the bayonet, ancl under the fears inspired by the howls of these blood-thirsty hyenas there condemning eight of your sons to deatil and tho reat to the common jail! Anthoritiea in the liM' ana nave cooaed to exist since the rising has thrown into prison those that wore in power; and thousantls upon thousands of fierce, lawless men, with dire ferocity necessary W murder your sons unrestrained by law, present, indeed, a fearful picture! But yon can hardly evcnlet form a just idea of this savage soon e. The children num- bered forty-four, an the second cormcil of war ordered them to tlraw lots who 

should diu; and amoug the others it fell. to the lot of two brothers, and the stony hearts of the judges even, thinking it hard t<J deprive the father at one blow of both 

his sons, pardoned one of them; but in order that the arithmetical operation should 

remain correct ancl the due number of victims be retained, they substituted for the 

pardoned boy another, beeauso b.e happened to be somewhat older th:m the r est, 

without thinking or cariug that they were breaking the heart of another father by 

murilering his innocent son-so innocent iulleed that he bad not been in Ha vanJ. ou the day of the alleged demolition of the tombs. What should Y.OU say, 0 upright 

senators, who havo grown gray in the administration of justice, If one of your Huns had been cond6mned to death aml shot like a dog fur the fea.rful crime of ug a. little ohlor than his nnfortmmte oomp:mionl:! 1 T his crime, thou, incr ooiblc al:! it is 

~f tha_ ::~~~~llit~~~ ;.o~~ ~~= r~~~hil:f~~~-\s ~:"~ t:ti~ whole wDrld! Would to God that tho !Jitter tale w e r e hiuden from tho nat.iolli! u£ 

the earth! L~ro you, my lords, that I enter on the uiscu~> on of the colonial 

• 
CONGRESSIONAL RECORD. JUNE 23, 

question with fear for it horrifies me to have to pick my way over governmental 

robberies, judicial 'murders, and tho usurpa;tion of parliamentarY. powers. * -; * 

Cuba is growing under tho scourge .of arbitrary power. The.re IS no law, no cocle, no constitution; the priYilerres of. motlern l~w are tramvled m th~ clust, and the 

ancient la.ws are disre<Yarllelf. Ch1ldren are Immolatoll; JUdgment IS passed on the 

dca<l; the innocent su'irer fo~· the guilty; human ~rs are fried a~d eaten; t~~ only :rower is brute force, tho vile greed of bad officials, and the infamy of puates, 

t yrants, and slavers. 

Similar utterances were made at divers periods by other distinI.!'Ui.shed members of the Cortes. Senor Payela1 in speaking of the purpo ·es of the revolution, said: 

They wish to preserve slavery to enable them to eontinuo builtling up fortunes 

with the slave trade; they )late freedom bec:mseit is an imper!iuent. ~ormor of ~ll 

the bad tricks whkh they have been accustomed to employ m certmn mercantile 

transactions. 

· Seilor Garrido also said on a similar occasion, in 1872: · 

You say you .want t\vclvo thousand more men to crush the Cuban insurrection; 

but this llisunection has already existed four ye.'l.l'S, and .now you come and tell us 

that yon want tw lvo thousand men to subdue it. This besides the fifty thousand or more that you haYo sent already! Ah! .what you must-do with ,Cuba. ~ not to 

Sl!D<l twelve thousand more won from Spa.rn, hut send back from Cuba. hither t~e 

twelve thou!'and vultures which aro devouring it; what you must do With Cuba IS 

t o send her libt'rty antl a h'l·eat deal of it., because liberty attracts, mollifies, and ren- ders thankful its recipient. Let t.his liberty be sent thither, and allow the Cubans to goveru themselves like the rost of the Spanish provinces. I can toll you that tlte 

LuL•stion of Cuba is for you an insoluble one. You ma,y send your twelyo thousand mun ttwre as you have ent many times twelve thousand ah·eady dUTmg the laet 

four years' but you will not settle the question for aJl that. You cx:y out that you mu. t prcs~rYo t.hc territorial inte~rit y, and it a:ppears that there 18 a.tend~ncy to u l'liuve that we on our sitle of the nouse do not Wish to do so; but thatisam~stake. 

We wish for it as much as you, :mel we wish for national unity; lmtwealsow18hfor lii.J t~rty for without liberty there can be no real fatherla-nd; and the C~b~ns have 

tllu sadte rigllt to a~ministor their islancl as we have to govern and administer our provinces and local mtorests. Against t.yr::mny there is always the right of rebellion, and we, who for fifty years were always rlsin"' again. t de~putism, e.-.nnot deny the right of rising to those whom wo ourselves oppress. In te:td of sending ~elve thousa_nd m?n. to settle the Cuban 

question tho rtlpLti.Jlican party woulcl settle 1t by federation, giVlllg the.Cub.a~s the 

liberty ,~e h..'l.d OLln!el vos · fur if tile insurrectionists crv "<lea.th to Spam," It 18 becall8c Spain means to tuo'm oppression, tyranny, and pfunder. 

On another occasion Seilor Payela said: 

I have now to ask the minister of war whether, having already sent se.venty-si.x: 

thousand lllCn anu tho Cuban affair nut being nearly at an end yet, ho thlliks be IS 

going to finish the wa._r by seuding still more solilim:s Y . I think not; and although as I uo not wh;h to raise •~ storm m the house, anu wtllnot speak about the Havll;'la 

volunteers, 1 uave only to say to his lords~ip that since. he no~v asks f~r ~ conscn_P· 

tion of forty thousand mon bcca.uso he thinks the war 18 commg to a firush,. he will 

have to ask for a great many more when it really comes to an entl, for he 'vill then 

have t<> deal with an :insurrection a gr~t tleal more to be foareu than tho p:resent one, namely, an insurrection of the vol~~eers themselves. Th_e gove~ontiS ask· 

in(l' us for soldiers to send to Cuba, as if 1t really comma-nded m the ISland. I can t ofi you rrontlemeu that tile power that commands now in Cuba are the volunteers 

of Hava'n'a. and they command there because, for some reason which I (lo not know, 

they fear f~r their lives and fortunes a!ld thoy ~el!-eve it better to think a.nd act for 

tllc1lli!elves in the matter of Cuba. Tho patriotism of the volunteers only means lo..~k.-inrr ai'tor their own interests. The seventy-six thousand men you have already sout rurvc not snfficed to finish tho war. nor will the twfllve, fourteen, or ev~n twenty 

thuusanu more you may send, because the insnrr,ectionists are !lluch more 1mpo~a.J?-t 

than you think, and tho volunteers are of more rmport.wce still. .The proof of thls 

is that we send them generals and they seutl them back to us aga.m. 

The Spanish government has hitherto i.n its communications with 

forei<rn governments characterized the efforts of the Cubans as tile 

acts ~f outlaws and them as banilitti, without arms, money, or or- ganizeu government, leu by a fe~ dis:1tlccteu reckl~ss ad~enturers, 

anu that the most populous and rmportant parts of t.he 1slaml are froo from war and whose population is quiet and loyal; that they 

ha.ve not been ab-Le to e tabli.:-;11 themselves at a.ny important point on tho coast but are hehl within the mountain wilderuess where they 

ca.rry on ~ mere guerrilla ancl predatory warfare. Tbe sentiment of 

the native Cnbans may be inferred from ~hat was stated by Gc~eral 

Concha in 1852 when he ·was in command m Cuba. I read from his se- cret circular published in the New York Heralu of 1\iay z, 1874. .It is 

fitly introduced here to show llow he understood the sent.tment of the 

natives anu it alt;o m:1rks the chara-eter of tberuan anu the measures Of 

oppTession which he may be expected to resort to. It mt~st be observed that tllis circular was issued secretly, and at a time when 

theTe wa-s no hostile. force on tho island; it is as follows: 

[Secret circular.] 

Oaptain General of the Ever-faithful .Island of Ott.ba: 

Tills .,.ovcrmnent beinrr well aware that the traitorous enemies of Her M~jMty, 

encoura~ed by the mMnmimous indulO'ence with which until now the queen has 

treated then!, and s~cretly pro~ct~d. by the new A<~il!tratio_n of the United S~t.os, arc projecting an mvas1on of this Island m colllnderablo numbers, and conVlllced a.t tho same time of the necessity of putting down with a strong haml th.e rev:olutionW"y tendencies of the na:tives ~f.tlie country, 1 order, unde~ the sanc~10n of the 

supreme government, that m addition to the iieerces commumca.tcd to you on the 

3d of May a.ml the 15th anu' 30th of .July of this year, you will execute without delay or consiuer:~.tion of any kiml tho followin~ precautionary measures: Firl:lt. At the ih'St news of the disembarkation of pira.tes you will rei~rate the 

Ol'ucr of the l:Jth of May about con lining "to barracks the forces at. the ilisposal. of 

tho rrovernment in that place, }llacing thum under arms and arran:?m:? tho macti vo 

clas~es of the police, firemen, militia, and el!roll~d sailors, and wu.l all:lO .form un.at. tached compa.nies of all tho young men and l:iparush shop-keepers, m which th~ natives who are known to be well disposeu toward the JUSt cause of Her MaJesty 

m~~!~d~~t~tiroieously, without loss of time, a.n<l using arme<l ~orce if it bene~es­ sary, you will ha.vo convoyed t{) the govern~ent ho!lSe the prmCipal c.reoles f<?r· rum-l.r designated in tho li t sont by you to. this supenor gov~rnment; a:' ~tiuential 

persons on account of their knowledge, nch_es, anu r~volu?onary sp1:1·1t. .\Yl1en !?atl.Jered torrether there you will make them sign a mani:l'est m conformity Wlth the 

form I sene you on tho 30th of last July. You will then orde~ tho i.J?-mediaw pub· lication of su.:h manifest\ mking care to add to the general otlllr of lives and prap. enw;:~ maJe thoro in the Jlartieubr guarantee of all that each one m:ly own accord- ill~ to yvur ownjnugmcnt. 

• 

Third. Aware as this govemment is that it can only count upon the adhesion of 

Spaniards and of commercial men, and also persuaded at tho samo time that all the 

creoles are enemies, or at least indifferent to the triumph of the sacred canso of Her Maje ty, and that in the end their means will go to erve t-raitors and revolutionists, · you will collect from said ~athering of creoles all the ready money which they may have, a a special and indiviuual offering of the number which may have before 

si!!lle<l the manifest. 

't;ourth. Taking into consideration the present penury of Her M.'ljesty's revenues, in consequence of great military' Elxpenilitures which the government has been obliged to raise bccanse of the chsaffection of the ons of this country, I authorize 

you, in the name of Her Maje ty, in case of need, to exact from the Spaniards aml 

commercial people, as a forced loan also, })oaring 6 p r cent. interest, any sum up to $2,000,000 to sust.ai.n the war. And as it is not just that these people shoulu be tho 

fir t to be ruined on account of their loyalty, they will be given by this govornllleu t local bonds or coupons, emitted on the usual terms in such ca es, which you will 

order to be signed and guaranteed jointly and separately by all the creoles who may 

compose the meeting spoken of in the second article. 

Fifth. To secure the execution of the preceding measure you will order a. guard to take in custody and watch the said Junta of oreoles, so that none of them, under' 

any pretext whatever, may leave the p1ace designated by you as general heath! uar- ters. Said guard shall have for ostensible object that of protecti.ng the creoles from 

the vengeance of their countrymen, and therefore you 'vill treat them apparently 

with the __greatest consideration, tryin$ to make them understand, if it is possiblo, that all t.nis is done for their good anu personal safety. . Sixth. As it may be necessary for yon to move to several pla-ces in your jurisdiction, a-ccording to the fortunes of war, in no case will you leave behinll the before 

named creoles, but will take them with you to all place so as to not lose the moral 

~~~C:~~~~h!~ aE~~htc~~~e~~=e~1 ~~ec~~ ~rh~~\¥~t~':~gat Seventh. The Zsa:trection of the natives being so marke~that. undoubtedly some of the above-mentioned creoles will make great efforts to mock our vigilance and 

de ert from the sitle of the government, you will suppress 'vith a severe hand any 

attempt of this natm;e, or any expression of discontent, by means of previous gov- ernment measures; and in case you esteem it necessary to inflict exemplary punishment, so a-s to inlpose respect and ai.Jsolnte submission, you will shoot (pos-ar por 

las armos) one or more of them, being sure to execute the sentence when you are di taut from tho city and the troops are on the march. 

Eighth. And, it being mo t important for the triumph of the royal cause to make sure of all the results which the gO\·ernment proposes to obtain from these regula- tions in particular, I charge you with the greatest secrooy and tho strictest compli- ance With them under the severe t re. ponsibilitics of your life and office, requiring 

you to acknowledge the receipt of this communication. 

Go<l guard you many yoors. 

The Herald comments on this circular ail follows : 

All the prominent Cubans in the oity who have expressed an opinion upon tho . subject agree that the Spanish government in ca.llin,. Concha for the fourth time to office in Cuba virtually confesses its inability to su'bdue the insurrection tl1m·e. 

The patriots here ha,ve been in high glee ever since the arrival of the Marquis of 

Havana, whom they look upon as an agctl tyrant who represents in himself every 

trait of the Spanish character that is most distasteful to Cubans, and they believe 

that during his present a<lministra.tion Cui.Ja will emancipate herself from tho 

mother country. The failure of .Jovolla.r and-his call for twenty thousand troops were measm-es that made manifest to the world the weakness of Spain. Also tlto 

action of Concha, who is taking a. money compensation in lieu of drafted mon that 

ought to be ~:;ent into campairrn, shows the kintl of pandemonium to which the now captain-general admit.S tho i8Lmd to be reduced. '.£he Cuban newspapers here are brrnging to light Concha's nn very glorious antecedents, and predict the speocly 

a.bandonmen,t of the island by the S~aniards, and in so doin.-. but retiect the opinions of their .wisest and most expeneneed leaders. The cu9.,ans are daily on the 

lookout for news of another battle, ancl point with pride to the fuct that General 

Portillo, the pacidr.ator of the Cinco Vill:ls, has showed himself to be, in Puerto Principe, ent4"ely unable to cope with the astute and intrepid Maximo Gomez. 

· Mr. President, if he correctly expressed the sentiments of the na.tive 

popnla.tion in 1t:S52, we have every reason to suppose that the friendly 

feeling in Cuba for Spain, if any, has not increased, when we find that so many causes for discontent have accumulated since. In this con- nection we cannot overlook the pooition of the colored population, U8 

to which side theil· sympathies are with. There can be no doubt in 

this regard, since the Cuban goveTnmellt bas decreed the emancipation of all slaves in the isla,nu. The. strength of the revolution is in 

the unanimity of that portion of the population which comprit~es 

seven-tenths of the whole-the natives. 

The actual results of the Cuban anns must be ascertained, of course, 

not merely by the magnitude of the forces pitteu in battle at any one time agai11st the Spanianls, the character of their equipments, the 

state of their trcasnTy, or whether or not they are possessed of sea- ports and shipping. We mnst look to the eftect produced upon the 

Spanish powers, their lo es in battle, and the trea lll"e consumed; 

the data for which we find in pu.IJlic documents and the press of Spain! as well as from other relia.ble sour~es. .Mr. Sickles, in a dispatch to 

11-Ir. l?ish, a year ago, st~~>tod that the Spani ·h government had lost in 

four years sixty thou and meu. Seiior Pa.yeh-~>, we h:1vo seen, stated 

tholoss atseYenty-six: thousand, to which is to be added atleasttwentyfive thousand for the past year becanso of the groater freqnency of 

enconut.ers and the greater nnmber of forces employed in them: .The amount of money levied by Spain in Cuba during the war and 

actually applied is about $100,000,000. Besides that, it is said there 

is a uebt of nearly "'40,000,000. :Money has been obtained by every 

means, ordinary and extraordinary, until their treasury is literally 

bankrupt. General VaJmaseda not long ago, when in command, asked 

the homo government for the insignificant amonnt of 12,00U,OOO, 

which was refused him for the reason that ''it ha.d not the money to 

give anu its credit was too poor for it to be able to borrow that sum." 

These facts aml the recent fi11ancial clecreeri\ of the captain-gen- eral show that the means of carrying on tlle war have been exlla.nstecl, 

and tba.t there is evidence that Spain is no longer able to furnish 

money or men, for the aclvices from Cnba inform us that Gcncn 1 

Concha has or<lered a conscription even among the native Spaniard,, anu ha-s also ordered the organization of a certain number of battalions of slaves. 

These results have been produced by operations carriCll on by the 
1874. CONGRESSIONAL RECORD. 5425 

Cuban eommanders, aml they are cogent eviden"ce in favor of their 

claims to be considered a belligerent nation. These facts address 

themselves to the consideration of our Government when deciding 

whether it is proper to recognize the Cuban government, leaving out 

of question our sympathy with their efforts to establish a republic, 

to put an end t.o slavery, and to do a~ay with the existing injuries 

upon our commerce, irrespective also of our duty to interpose a check 

to the outrageous manner in which the Spanish generals have carried ·on the war. But we cannot ignore these cogent reasons why we should 

accord to the Cuban revolutionist that moral support to which they 

have entitled themselves by their milita.ry successes: First. An independent republic in Cuba instead o1 the present system of rule there is certainly desirable by the people of the United 

States. 

The abolition of slavery in Cuba is also a matter of the first import:=mce, and the President has candidly stated to the government 

of Spain thatit is a matter which the United States feels a deep interest 

in, and in fact insisted that it was its duty to have put an end to it. 

The diplomatic correspondence is full of the promises of Spaiu on the 

subject, made to the Uuited States and England; but there has been 

nothing but evasion on the part of Spain. As was stated by Seilor 

Payela in the Cortes, there is a power in Cuba greater than Spain. 

The Spanish volunteers a.nd those who grew rich by the slave trade 

and large slave-owners boldly declare that they will obey no edict of 

emancipation i1 one should be issued by the Spanish government. 

The manner and conduct of the war and the atrocities perpetrated are to he found in a publication entitled "The Book of Blood," 

wherein it appears that up to 1873 there were twenty-nine hundred and twenty-seven prisoners put to death in cold blood. This 

statement is made on the authority of the Havana newspapers. It 

is also alleged that more than five thousand have disappeared whose 

fate has never been made known, but no one doubts that they likewise perished. A large number have been arrested in civil life, tried 

by court-martial and condemned to death, to imprisonment in penal 

fortresses, or to the disgraceful punishment of labor in the chain-gang. 

Among these were some of the most distinguished and highly educated inhabitants of the island. The proclamation of Valmasa-do is 

well remembered, but I will reproduce it here in part, to show the 

brutality and'inhumanity of the Spanish officials in their conduct of 

the war in Cuba.:· 

First. Every man from the a.ge of fifteen years and upward found away from his 

habitation and does not :prove a justifiable motive therefor,· will be shot. 

Second. Every habitation not occupied will be burned by the troops. 

'l'hird. Every habitation over which does not float a white flag as a signal that 

its occupants desire peace, will be reduced to ashes. Women that are not living at their own houses or at the house. of their relatives, 

will collect near the town of Jiquani or Bayamo where maintenance will be pro· 

vided. Those who do not present themselves will be conductoo forcibly. 

This pronunciamento called from Mr. Fish, the Secretary of State, the 

following remonstrance, a-ddressed to 1\fr. Lopez Roberts, under date 

of May 10, 1869 : 

In the interests of Christian civilization and common humanity, I hope that this 

document is a forgery. If it be indeed genuine, the President instructs me in the most forcible manner to protest against such a mode of warfare. 

One instance of a trial, and what the court-martial was expected to 

do, is found in the order of the captain-general ·consigning the president and members of the court to prison for two months, for too great 

clemency in sentencing a civilian to six years' hard labor in the chaingang for seditious language: 

Don Jose Dominiquez, captain of Spanish infantry, was in the village of Veguita 

in the jurisdiction ot Colon. On September 27, 1370, he ordered a peaceable man to be shot because he suspected him t{) be an insurgent, and that as soon as he was executed his ears should be cut off and his tongue cut out. On th{) following morn- ing he invited three of his friends, brother officers. to breakfast, and presented to them as a choice dish the ears and. tongue of the insurgent, cooked! His friends were horrified, and reported it to the commanding officer. The cannibal was tried 

and condemned to death; but he was subsequently pardoned by special order of 

the King of Spain, who was thoroughly cognizant of the circumstances of the case, and restored him to his command. 

The American people, Mr. President, cannot look upon the stru~gle 

in Cuba with indifference. On the one side it is a struggle for life, 

for liberty, for property; on the other, for subjugation, abject and 

complete . . In their declaration promulgated at Manzanillo. in October, 1868, the Cubans state the case thus : 

In arming ourselves aaainst the tyrannica.lgovernmentof Spain, we must, a{lcording to precedent in ai1 civilized countries, proclaim before the world the cause that impels us t.o mke this step, which, though likely to entail considerable disturbances upon the present. will insure the happiness of the future. 

It is well known that Spain uoverns the islanrl of Cuba. with an iron and bloodstained hand. The former hol(fs the latter, deprived of political, civil, and religious 

liberty. Hence the unfortunate Cubans being illegally prosecuted and thrown into 

exile or executed by milita,ry commissions in times of pe!We ; hence their being k ept from public meetings and forbidden to speak or write on affairs of state; hence 

their remonstrances against the evils that atllict them being looked upon as the pro- ceedings of rebels, from the fact that they are bound to keep silence and obey ; hence the n ever-ending plague of hungry otticials from Spain to devom· the product 

of their industry and labor; henee their exclusion from public stations and want of opportunity to skill themselves in the art of government ; hence the restrictions to which public instruction with them is su~jecte(l, in order to keep them so ignorant as not to be able to know and enforce their rights in any shape or form what- ever ; h ence the navy and standing army which are kept upon their country at an enormous expenditure from their own wealth to make them bend their knees and 

submit their necks to the iron yoke that disp-aces them; henee the grinding tax- ation under which they labor and which womd make them all perish in misery but 

for the marvelous fertility of their soil. On the other hand, Cuba cannot prosper as she ought to, because w bite immigration, that suits her best, is artfully kept from 

340 

her shores by the Spanish government. And as Spain has many a time promised us Cubans to respect our ngbts without having hitherto fulfilled her promises; as she continues to tax us heavily, and by so doing is likely to destroy our wealth; as we are in danger of losing our property, our lives, and our honor under further 

Spanish domination; as wehaverea{lhed a depth of de~radation utterly revolting to manhood; as !ITeat nations have sprung from revolt against a similar disgrace after exhaustea. pleadings for relief; as we despair of justice from Spain through reasoning, and cannot longer live deprived of the rights which other people enjoy, we are constrained to appeal to arms to assert our rights in the battle-field, cherish- in~ the hope tlJ,at our grievances will be a. sufficient excuse for this last resort to rearess them, and secure our future welfare. 

To the God of our conscience and t.o all civilized nations we submit the sincerity of our purpose. Vengeance does not mislead us, nor is ambition our guide. 

i::d~d ~:~J.ot!~;reeo~~a~es~ll ~~~f"?s~h:t e~~rn~~: b;e\t~eaif~n~~ our love of toleration, order, and justice in every respect. We desire the gradual abolition of slavery with indemnification; we admire universal suffrage, as it in- sures the sovereignty of the people; we demand a religious regard for the inalienable rights of man a-s the basis of freedom and national greatness. 

For seven years, Mr. President, has this "appeal to arms" continued. 

Spain has exerted all her power to overcome the resistance to her despotic rule; but who can say that she is any nearer success than she waa six years ago T Nay, is not success less probable now than it was when the war first began T I admit that the question is one of great 

delicacy and should be treated with due regard to a continuance of. friendly relations with the Spanish government. But all things must 

eventually reach their end. It cannot be expected that the forbear- ance of the American Government is to continue forever, or• that we shall confine our action in the future as in the past to mere diplomatic 

remonstrances. So far from it, I submit that the time has come for a policy having in view a speedy pacification of the island. That we should quietly regard a struggle almost within sight of our shores, 

characterized by a brutality worthy the most ferocious of the savage 

tribes of our own country, is little creditable to our humanity. It 

may be true that governments may have n9thing to do with sentiment, but in this case the instincts of" humanity unite with statesmanlike prudence in urging a course which will both tend to put a stop 

to the further prosecution of a bloody strife and to preserve peace 

between the two countries. So long as the war in Cuba continues 

peace with Spain is constantly menaced. No one knows how soon the country may be startled and shocked by a second Santiago de Cuba 

massacre; and so deeply impressed is the public mind with the danger of a repetition of that terrific butchery that the Government has 

found it necessary to keep a fleet of war vessels within easy reach of 

the Cuban coast at a cost of merely fitting out the fleet of $6,000,000, 

occasioned by the manifest disregard by the Spaniards of our rights as a nation and their defiance of our Government. 

No other government situated as we are, with all our sympathies 

pointing in one direction and our interests following the direction of our sympathies, could have exhibited to the world in the face of great 

persecution such a spectacle of forbearance. The question to be determined is as to the nature of the " new departure" to be adopted 

toward Cuba. I am not aware that to accord belligerent rights to 

the Cubans could be construed as an act of hostility to Spain~ and 

this, unless indeed the policy of official remonstrance and delicate 

suggestion which experience has shown to be barren of practical 

results is to continue to mark our treatment of the subject, is the 

least that can be done. Recognition of Cuban independence would 

be far more in consonance with our own history as a nation and far more in accord with the genius and spirit of our Government. Expressions of sympathy for the sucoess of the Spanish colonies of South 

America struggling to establish their liberty and independence were adopted by the House of Representatives in 1821, and in-the following year recognition of their independence was voted with extraordinary unanimity by the same body. In urging this step on Congress 

President 1\fonro.e said: . , In proposing this measure it is not contemplated to change thereby in the slight- est manner our friendly relations with either of the parties, but to observe ill all 

respects as heretofore, should the war be continued, the most perfect neutrality between them. Of this friendly disposition an surance will be given to the ~overnment of Spain, to whom it is presumed -it will be, as it ought to be, satisfactory. The r.aeasure is proposed under a. thorough conviction that it is in strict :wcord with 

the law of nations; that it is jnst and r'ight as to the parties, and that the United 

Statesowe it to their station and character in the world, as well as to their essential 

interests to adopt it. 

In the debate on the resolution reported by the Committee on Foreign Relations in the House, in 1\farch, 1822, l\fr. Poinsett said: 

Sir, if ever there was an occasion that justified a. revolution, that called upon the 

people to recur to first principles, and to seek relief from an abuse of power by au appeal to arms, this was one. The r evolution of the Spanish colonies did not arise 

from a mere question of abstract right but from actual suffering and grievous oppression; from causes radical and certain though gradual in their operations, causes that would have inevitably produced a r evolution without the violent crisis to which the mother country was exposed and which only accelerated that ev(nt. 

It was felt in their government, in the administration of justice, in their agriculture, in their commerce, and in their pursuit of happiness. Governed· by viceroys responsible in name, but in fact as arbitrary as the King of Spain himself, who 

commanded not only the military governors and intendants of provinces but presided over the tribunals of justice. And· let any one imagine what kind of gov- ernment the miserable colonists must have enjoyed under European Spaniards 

vested with such powers and who had. nothing to dread but an examination of their 

conduct before a tribunal two thousand leagues from the theater of their injustice. 

The colonist could not even enjoy the natural advantages by which he wa-s sur- roundedThis language, :Mr. President, was uttered fifty-two yea,rs ago, and 

yet, sir, it is a.s applicable to the character of Spanish rule in Cuba 

to-day as it was when Spanish tyranny drove the South American colonies to take up arms to redress their grievances. While other nations 
5426 CONG-RESSIONAL RECORD. JUNE 23, 

have learned to respect the aspirations of the subjects for a more en- larrrecl freedom, Spain remains as imperious and blind in her tyranny 

as; ben she ''lost Flanders through her cruelty." "We hn.ve now the 

rirrbt "said a member of the Cortes, in speaking of the treatment of the Cgba~ by Spain, "of being held up a the most inhuman people in all 

civilization." To me the establishment of a republic in Spain, while 

the effort is made to force upon the Cubans a government by means which provoke the abhorence of all Christendom, has more the 

appearance of a solemn mockery than a reality. From having once been the most powerful nation of the earth, she has lost her provinces one by one through oppressive cruelty, and herstatesmenof the present day a,ppear to know no better instrument of go':"ernment o:r: eff~ctive means of challenging the confidence a:J?-d affectwns of their dis- tant subjects than the sword and blood, Wielded and shed by rapacious generals and a brutal soldiery. 

"The provinces belong~~ to this hemif:>_pbere are om• i~hbors " said Mr. Mon. roe, and we cannot avoid, it we would, reeling a deep solicirude in their welfare. 

The suspension of our neutrality laws would soon end the contest 

in Cuba. Granting to the struggling Cubans belli~etent rights would 

be a step toward the same end, while a recogmtion of their independence would a certainly be the means of inuring that independence as that effect follows cause. Chili and Peru have alrea<ly 

extended that recognition, and I am persuaded t~at a simil~ act .on the part of the American Government could. not fail of ca,rrymg w1th 

it such moral force as to result iu changing the character of the war 

waged by Spain and in restoring peace to the island. . Sooner or later, Mr. Pre ident, will one o~ the ot~er of t?-es~ lin~s 

of policy be adopted, and sooner. or late~ ~1 SpaniSh dommation. m the Gulf cease. Cuba may not m the hfe of the present generation 

become one of the States of the American Union, but ·that she will cea e to be a dependenpy of Spain is inevitable. This catastrophe 

has been hastened by the cour e of the mother country in persist.-

ently denying to the Cubans 'their in born rights," and by st~ bjecting 

their lives and property to the will of rulers who e rapamty, arro- <Tance and pride see in those who are not of Sjanish blood only ene-

~ies to be plundered and in time to be imprisoned and slain. These struggling people have established a government which appeals 

to us for recognition and sympathy , and for one I am prepared to 

take my share of responsibility for the consequences that may follow 

the acknowledgment of the fact. In the case of Texas, after the 

battle of San Jacinto and before peace had been made with Mexico, 

Mr. Webster said, "That if the people of Texas had established a government de facto it was undoubtedly the duty of this Government 

to acknowled<Te their independence." Of the million and a half of 

people inhabitln(J' the island, it is estimated that thirteen-fifteenths are earnest symp~thizers with the rebellion, while authentic information shows that the Cuban army numbers more men than General 

Washington was able to c~mcentmte at any one poin~ during .t~e 

whole period of the revolutionary war. Of pure Spamsh blood It IS 

suppo ed that there are not exceeding one hundred thousand persons 

in Cuba, and it is from this cla.ss of the population that the "volun- teers" are made up, and it is through them that Spain expects to 

continue her grasp upon the fairest ge~ of h~r West India .P?Ssessions. To use the language of a Senator m urgmg the recogmtion of 

the South American governments: 

Shall we as a nation stifle all our sympathies in favor of free gove=ent to gratify 

the vain-glorious pride ?f Sp~ Y If we do, we shall betra~ the Iigl?-ts and interests 

of republics. Heaven, m giVIDg freedom to us first, made 1t our pnmaleldest duty to go forth first and {l kn?w~edge it in others. J?:onor and duty call alike n~on us to perform the rightful !JllB 1on. ';!'he same ProVId nce that gav:e us success m our r evolutionary stru~le 1s conductin~ the other nations of Anienca through bloody wars to peace and mdependence. vur approbation may inspire them with fresh 

confidence and stimulate their love of liberty. · 

The commerce of the United States has been injuriously affected by 

the civil war which has existed in Cuba and because of the various 

impositions made upon it by the decrees of the captains-g')neral when 

seeking to obtain the mean to meet the extra-ordinary expenses made 

necessary thereby. The tmde of the United States with Cuba amounts 

to about one hundred millions yearly. The State which I have the 

honor in part to repre ent ha-s been deprived of a commerce which 

formerly furni bed employment to many vessels and men and con- siderable capital. It wa constantly growing and capable of exten- sion. I allude to the exportation of live and cured fish to Cuba, a business which has been entirely destroyed by the repeal of the liberal 

system of free trade established in respect to vessels carrying fish to 

Havana by Captain-Gener3l Ta.con, a man who aJ.though of an arbitrary character, acted upon a wise and enlightened policy in matters of trade. Ifwe had free trade with Cuba the ports of Florida would be found 

well situated for interchange of products of Florida and western 

products for tho e of Cuba. This mode of communication between 

Cuba and the West was formerly used to some extent, but the recent 

construction ofrailroa<ls connecting the rivers and sea-ports of Florida 

with Louisville, aint Louis, and Cincinnat} has greatly increased the means of communication with the island and lessened the cost. The 

Gulf States could furni b Cuba with lumber, live stock, &c., and take 

from it many articles not now imported because of the restriction in 

trade on them imposed by the government of Cuba. The particular 

operation of these restrictions on our commerce and the amount of our consequent losses I will not undertake to specify; they are easily I 

ascertained by reference to tho r eports on the subject made to Congress by the Secretary of the Treasury. I allude to the subject only 

to show that our people suffer loss by the chril warip Cuba, and that 

they are sensible thereof, and for this and other more potent rea ons desire that our Government should take proper and becoming action, 

such as will tend to restore peace and establi h a liberal government 

in the island. That such is the public sentiment of Flonda appears 

from the declarations made of them by the Legislature of the State ; 

that the people have given expression to their sympathy with tho 

Cuban patriots in the most emphatic and positive manner I am able 

to assert. What has tended forcibly to arouse feelings of interest in 

behalf of the Cubans and dislike of Spanish rule in Cuba has been th 

forced emigration to Florida of thousands of native Cubans who fl ed 

to the United States to escape from the cruel and arbitrary rule which 

exists in their native land. These people were cut oft' from their 

countrymen who are in arms against Spain and hacl no other refugo 

from death or imprisonment save in voluntary exile; with them camo many fai tbful servants of the colored race, whose stories of the wrong 

and injuries which are inflicted by the military tyrants who hold 

sway in Cuba are such that the colored citizens of Florida are specially 

affected thereby as well as by the continuance of African slavery in 

Cuba, and they are anxious that the United States should ext-end some aid to those who are fighting in Cuba to procure .freedom for all its 

inhabitants without respect to race. So strong i this feeling among 

the colored citizens of Florida that thou ands of them woulu glailly 

give their active assistance to the Cubans. 

Could they do so without violating the laws of the country 'I At a recent period when ho tilities with Spain seemed probable, large 

numbers of the colored citizens of Florida consulted together for the 

purpose of tendering their services to the Government to serve in any 

military force that should be sent to Cuba. The strongest military 

spirit was displayed among them, and they regret that the opportunity they coveted to aid their brethren in Cuba was lo t to them. Should the occasion ever come when they can be employed in such manner I undertake to pledge that their services will be tendered by 

them with the greatest enthusia m. 

The Cubans who have made their homes jn Florida are a pea-ce- able, industrious, and law-abiding people; they have establishetl 

branches of industry with which they were familiar, which increases the resources of our State and pays to the n ational ·Treasury a large sum of money annually, more than half of the receipts from all ot h er sources of internal revenue in the State. 

I have not confined myself strictly to the ubject of the resolution 

which I have offered, because I feel that the safety of American citi- zens demands something more than a remedy confined in its operation to the redress of any particular injury to a citizen who travels 

to Cuba for business or plea ure, but that the true course for the Government to pursue is such a one a will secure him perfect protec ion in 

the futnre and render the constant repetition of the wrongs infl.icted 

impossible. It is therefore relevant to speak of the conduct of the war in Cuba, its probable termination in favor of Cuban independence, and the reasons why we should extend such moral countenance 

and support to the cause with which we cannot but sympathize anu as our duty as a neutral will permit. Mr. EDMmTDS. I move that the resolution berefenecl to the Com- mittee on Foreign Affairs. The motion was agreed to. 

ENROLLED BILLS SIGNED. 

A message from the House of Representatives, by 1\Ir. McPliERSON, 

its Clerk, announced that the Speaker of the House had signed the 

following enrolled bills; and they were thereupon signed by• the 

President pro tlmpo1·e : A bill (H. R. No. 700) ~ra,nting a pension to the minor children of 

Michael Weisse, deceasea ; 

A bill (H. R. No. 3254) to relieve E . L. Winder of his political disabilities · A bill (H. R. No. 340 ) to relieve the political disabilities of L. L. 

Lomax, of Virginia ; 

A bill (H. R. No. 3172) to relieve Sardine G. Stone, of Alabama, of 

political disabilities; 

A bill (H. R. No. 554) for the relief of William I. Blackistone, of 

Saint Mary's County, Maryland; 

A bill (H. R. No. 3023) for the relief of Andrew Mason; 

A bill (H. R. No. 3027) to remove the political disabilities of A. S. 

Taylor, of Maryland; 

A bill (H. R. No. 3413) to provide for the stamping of unstamped 

instruments, documents, or papers; and 

A bill.(H. R. No. 3327) to provide for the improvement of tho Oostenaula River, in the State of Georgia. 

E.XTENSIO~ OF THE SES ION. 

The message also announced that the House had passed a resolution to extend the present session of the l!'orty-third Congress to six 

o'clock p.m. to-day; in which the concurrence of the Senate was re- quested. The Senate proceeded to consiuer the following resolution of the 

House of Representatives: 

Resolved by the House of Representatives (the Senate concurring1) That the rrcsi· 

dent of the Senate and the Speuker of the Hoose of Representatives shallue' author-
• 

1874. CONGRESSIONAL RECORD. 5427 

i zed to close the present session of Congress by adj ourlling their respective Houses on the23d of June, 1874, at six o'clock p.m. 

The resolution wns agreed to. 

EXECUTIVE SESSION. 

The Senate proceeded to the consideration of executive business, 

and after two hours spent therein the doors were reopened. 

MESSAGE FROM THE HOUSE. 

A me age from the House of Representatives, by Mr. McPHERSON, 

its Clerk, announced that the House had passed the bill (S. No. 406) 

to allow the schooner Ocean Wave to take the name of Edit h E. 

Wright, and be· registered under that name. The message also announced that the House had agreed to the 

amendments of the Senate to the bill (H. R. No. 3025) supplementary 

to the act entitled "An act to authorize the Washington City and 

Point Lookout Railroad Company to extend a railroad into and within 

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

RECESS. 

Mr. SHERMAN. I move that the Senate take a recess till a quarter 

after five o'clock. 

The motion was agreed to; and (at four o'clock and twenty-fivo 

minutes p.m.) the Senate took a recess until a quarter after five 

o'clock, at which hour the Senate rea.ssembled. 

MESSAGE FROl\1 THE HOUSE. 

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

its Clerk, announced that the House had passed a resolution appointing Mr. HORACE MAYNARD of Tennessee, Mr. JEREMIAH M. WILSON 

of Indiana, and Mr. S. S. Cox of New York, a committee on the part 

of the House of Representatives to join a committee of the Senate to 

wait upon the President of the United States and inform him that 

unless he have some further communication to make the two Houses 

of Congress are ready to clo e the session. 

E"NROLLED BILLS SIGNED. 

The message also announced that the Speaker of the House had 

signed the following enrolled biUs; and they were thereupon signed 

by the President pro tempo1·e : A bill (H. R. No. 921) to prevent the useless slaughter of buffaloes 

within the Territories of the United States; 

A bill (H. R. No. 3025) supplementary to the act entitled "An act 

to authorize the Washington City and Point Lookout Railroad Company to extend a railroad into and within the District of Columbia," 

approved January 22, 1873; 

A bill (H. R. No. 3352) to further provide for the sale of certain 

Indian lands in Kansas ; 

A bill (H. R. No. 3528) providing for the sale of the Kansa.s Indian 

lands in Kansa.s to actual~settlers, and for the disposition of the proceeds of the sale; 

A bill (H. R. No. 2770) to amend the act entitled "An act to amend an act entitled 'An act to establish a court for the investigation of 

claims against the United States,"' approved August 6, 1856; 

A bill (H. R. No. ;3016) granting a pension to Ira Douthart; 

A biU (H. R. No. 309 ) to amend the act entitled "An act to reor- ganize the courts in the District of Columbia, and for other purposes," 

approved March 3, 1863; 

A bill (H. R. No. 3534) to change the times of holding the circuit 

and district courts in the city of Evansville ; _ A bill (H. R. No. 3175) for the relief J. E. Ingalls, postm:tSter at 

Denmark, Lee County, Iowa; 

A bill (H. R. No. 3097) in relation to courts and judicial officers in 

the Territory of Utah; · · A bill (H. R. No. 2198) for the relief of the heirs at law of William C. 

Brashear, an officer of the Texas navy; 

A biU (H. R. No. 3600) making appropriations for stmdry civil e penses of the Government for the fiscal year ending June 30, 1875, 

and for other pmposes ; 

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

report upon the necessity o~ a public building at the city of Auburn, 

New York; 

A bill (S. No. 633) for the relief of A. H. Von Luettwitz, late lieutenant in Third United States Cavalry; 

A bill (S. No. 321) reorganizing the several staff corps of the 

Army; -

A bill (S. No. 600) for the relief of Captain James B. Thompson; 

A bill (S. No. 406) to allow the schooner Ocean Wave to take the name of Edith E . Wright, and be registered under that name; and 

A bill (S. No. 775) to authorize the construction of a railroad bridge over the Willamette River at Portland, in the State of Oregon. 

PRESIDENTIAL APPROVALS. 

A me sage from the President of the United States, by Mr. 0. E. 

BABCOCK, his Secretary, announced that the Pre ident had this day 

approved and signed the following acts: 

An act (S. No.7) for the creation of acourtfortheadjndicationand 

disposition of certain moneys received into the Treasmy under an a.ward made by the tribunal of arbitration constituted by virtue of 

the first article Of the treaty concluded at Washington the 8th of :May, 

A. D. 1871, between the United States of America and the Queen of 

Great Britain; 

An act (S. No. 252)toremove the disabilities of John Julius Guthrie; 

An act (S. No. 169) for the relief of Marcus Otterbourg, late consul 

of the United States at the city of Mexico and minister to the republic of Mexico ; 

An act (S. No. 277) making an appropriation for the payment of 

$792.46 due the late James L. Day, of Connecticut, for transporting 

the mails over post-route numbered 8151; 

An act (S. No. 313) to confirm the purchase of a portion of the site 

of Fort Houston, at Nashville, Tennessee, and to provide for the donation of the same to the Fisk University for educational purposes; also 

to confirm in the purchase of certain land at Fort Hamilton, New York; 

An act (S. No. 325) to remove the political disabilities of Van R. 

Morgan, of Virginia; 

An act (S. No. 436) for the relief of Lieutenant John Shelton; 1 

An act (S. No. 443) to provide for the payment of legal services · rendered by Edmund Randolph to the United States; 

An act (S. No. 552) to refund to _ E. and J. Koch certain customs 

duties; . An act (S. No. 683) to authorize the use of gilt lettersforthenames 

of vessels; 

An act (S. No. 733) re!rolating ga.s-work ; 

An a.ct (S. No. 794) to fegalize the muster of Reuben Pratt a.s second 

lieutenant· 

An act (S. No. 806) to extend the time a.llowed for the redemption 

of certain lands by the first section of the act entitled "An act to 

provide for the redemption and sale of lands held by 'the United 

States under the several acts levying direct taxes, and for other pul'-

posesh" approved June 8, 1872, and to suspend the operation of the 

fourt section of said act ; 

An act (S. No. 75) for the relief of Thomas Hughes; 

An act (S. No. 849) to prevent hazing at the Naval Academy; 

An act (S. No. 854) extending the right of way heretofore grantecl 

to the Alleghany Valley Railroa-d Company through the arsenal 

grounds at Pittsburgh, Penn ylvania; 

An act (S. No. 906) to relieve C. L. Stevenson, of Virginia, of his 

political disabilities; and 

An act (S. No. 930) -to authorize the Farmers' National Bank of 

Greensburgh, Pennsylvania, to change its location and name. 

EDUCATION REPORT. 

Mr . .ANTHONY submitted the following report : 

The committee of conference on the disagreeinc:r votes of the two Hou es on the 

resolution of the HouiSe to print extra copies of ti~e Report of the Commissioner of 

Education for the year 1873, having met, after full and free conference have a!!Teed to recommend, and do recommend, to their respective Houses as follows: e 

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

the said resolution, and agree to the sv.me. 

The report was concmred in. 

H. B. ANTHONY, _ T. 0. HOWE, ELI SAULSBURY, 

ManageTs on the part of the Senate. 

JAMES MONROE, 

EPPA HUNTO-r , ManageTs on the part of th-9 House. 

HOSi'ITAL FOR WOMEN. 

The PRESIDENT p1'0 tempm·e. Under chapter 415 of the laws of 

1872, in regard to tho Colp.mbia Hospital for Women and Lying-in 

Asylum, it is required that for this institution one Senator shall be 

appointed, and two Representatives by the Speaker of the House, the 

President of the Senate to appoint the Senator. Under this section 

the Chair appoints Senator SARGENT, of California,. 

NOTIFICATION TO THE PRESIDENT. 

Mr. EDMUNDS. I move that the Senate take up the communication of the House on the subject of closing the sesswn. Mr. MORRILL, of Vermont. The chairman of the Committee on Agriculture desires that Senate bill No. 912, to annex certain land 

to reservation No.2, occupied by the Department of Agriculture, be 

acted upon. It has been accidentally overlooked. I ask that it be 

taken up. Mr. EDMUNDS. This will not interfere with that. This action 

does not prevent it at all. 

The PRESIDENT p1·o tmnpo1'e. The Senator from Vermont moves to proceed to the consideration of there olution of the House in re- gard to the close of the session. Is there objection¥ The Chair hears 

none, and the resolution will be reported. 

The Chief Clerk read as follows: 

Resolved, That a committee of three members of the House of Representatives be 

appointed to join such committee as may be appointed by the Senate to wait upon the President of the United States, and inform him tbn.t if he has no other commu· nicq,tion +.o make the two Houses ltre rMdy to close the present session of Congress. 

Mr. EDMUNDS. I move that the Senate concur in the resolution, 

and that the Chair appoint three members of the Senate to act in concurrence with the members of the House. The motion was agreed to; and the President pro tempo1'e appointed 

Mr. EmmNDs, Mr. ANTHo~ry, and Mr. BAYARD as the committee on tho part of the Senate. JO~ FORSYTH. 

Mr. GORDON. I move that the Senate proceed to the consideration of Senate bill No. 82~ i and I wish to substitute the House bill\ 

for it with the consent of tne Committee on the Judiciary. 
5428 CONGRESSIONAL RECORD. JUNE 23, 

Mr. EDMUNDS. What is the bill of the Senator from Georgia' 

Mr. GORDON. It is a bill to remove the political disabilities of 

John Forsyth, of Mobile, Alabama. The House passed a bill -in the same words. I wish simply to substitute one for the other. 

Mr. EDMUNDS. I believe that is all right, and the Senate ought 

to consider it. 

Mr. CLAYTON. If there is any further legislation I ask the Chair 

to decide the point of order I raised before the recess. The PRESIDENT p1·o temp01·e. What is the point of order' 

Mr. CLAYTON. The point of order is that at the time the Senate 

proceeded to the consideration of executive business the Senate had 

under consideration House bill No. 2771. That bill was not postponed or laid aside. The Senate proceeded to the consideration of executive 

business!.. and I claim that that bill is now the unfinished business. 

The P.l(ESIDENT p1'0 tmnpore. The Chair thinks that is so. Mr. EDl!UNDS. That being so, I think it in the interest of public--

Mr. CLAYTON. I should like to address the Chair on that subject 

if it is in order. 

Mr. EDMUNDS. If the Senator will pardon me, here is a nomination we must act on within the next half hour. I move that the Senate proceed to the consideration of executive business. 

The motion was agreed to. 

After five minutes spep_tin executive session the doors were reopened. Mr. GORDON. I ask that the Forsyth bill be considered now. There being no objection, the bill (H. R. No. 2702) to relieve John 

Forsyth, of Alabama, of political disabilities was considered a.s in 

Committee of the Whole. Mr. EDMUNDS. I have no objection, but I wish to state so that 

it will be in the RECORD that we have considered this bill; this 

gentleman has put in his petition in the proper way, and he .falls 

clearly within the class of cases for whom we make this removal of 

disabilities, and therefore it is right. The Senator from Georgia is the 

friend of this gentleman, and it is right to him that we should pass 

this House bill, because he does not stand on any other ground than 

the others. 

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

read the third time, and passed by a two-thirds vote. 

AGRICULTURAL DEPARTlliE~. 

Mr. MORRILL, of Vermont. I now move that the Senate proceed 

to the consideration <Jf Senate bill No. 912. 

The motion was agreed to; and the bill (S. No. 912) to annex cer- tain lands to reservation No. 2, occupied by the Department of Agriculture, wa-s considel'ed as in Committee of the Whole. It enacts 

that the public ground which lies immediately north of reservation 

No.2, now in the occupancy of the Department of Agriculture, ma-de 

by the filling-up of the canal, be attached to and shall hereafter be 

a part of the said reservation No. 2, in the occupancy of the said 

Department of Agriculture. 

The bill was reported to the Senate without amendment, ordered 

to be engrossE>d for a third reading, l'ead the third time, and passed. 

J. SCOTT PAYNE. 

Mr. CLAYTON. I should like to know what has become of the 

bill which was taken up on my motion. 

The PRESIDENT pro te?npore. The Senator's bill is pending. 

Mr. CLAYTON. I ask action on the bill, as it is just and right. The PRESIDENT p1·o tempore. If there be no objection the bill (H. 

R. No. 2771) for the relief of J. Scott Payne, second lieutenant Sixth 

United States Cavalry, late first lieutenant Fifth United States Cavalry, is before the Senate a-s in Committee of the Whole. 

The bill wa-s reported to the Senate, ordered to a third reading, read 

the third time, and passed. 

EXECUTIVE SESSION. 

On motion of Mr. EDMUNDS, the Senate proceeded to the consideration of executive business. After four minutes spent in executive 

session the doors were reopened. 

PUBLIC BUILD~GS COMMITTEE. 

Mr; MORRILL, of Vermont. I move that the Committee on Public Buildings and Grounds have leave to sit d~ing the recess. The motion was agreed to. 

FORT SEDGWICK RESERVATION. 

Mr. IDTCHCOCK. I move to take up the bill (S. No. 721) for the 

restoration of public lands in Fort Sedgwick reservation, in Colorado 

and Nebraska, to settlement and entry. 

Mr. SHERMAN. That is too important to be acted on now. :Mr. HITCHCOCK. It is reported by the Committee on Military Affairs in accordance with the recommendation of the War Department, and it is simply to return the land to settlement by settlers. I 

am quite' sure there ought to be no objection to the pa-ssage of the 

bill. 

Mr. SHERMAN. Is it a military reservation f 

Mr. HITCHCOCK. It ha been. . Mr. SHERMAN. It might involve a very large amount. Suppose 

it was proposed to open the Fort Leavenworth reservation f 

Mr. IDTCHCOCK. I presume it would be difficult to obtain the 

indorsement of the Secretary of War to open the Fort Leavenworth 

reservation. 

Mr. SHERMAN. Does this bill provide that the land should be 

sold at public outcry t 

Mr. illTCHCOCK. That it shall be open to settlement and entry. 

The land lies over five hundred miles west of Omaha, on the western 

border of our State. Mr. SHERMAN. But it might be worth more than $1.25 an acre. Mr. HITCHCOCK. I think not. 

Mr. SHERMAN. It is for the Senate to say whether we ought to 

open a military reservation, which has been re erved, to ordinary preemption and homestead settlement. It is really giving away reserved 

land. 

Mr. HITCHCOCK. It is giving it to citizens of' the United States. 

The Senator himself can go out there and pre-empt if he chooses. 

Mr. SHERMAN. But I think if I should go out and pre-empt land 

reserved by the Government of the United States I would get an a-dvantaO'e over other citizens. 

Mr. HITCHCOCK. The advantage is open to all. 

Mr. SHERMAN. I have no objection to the bill being read that we may know what it is, but we ought not to act on anything now but matters of minor moment. 

The PRESIDENT p1·o tempore. The bill will be read. 

The Chief Clerk read the bill. Mr. SHERMAN. I object to it unless the land is to be sold in the 

ordinary way. The PRESIDENT pro ternpore. The Chair will put the question on proceeding to the consideration of the bill. 

The motion was not agreed to. 

COINAGE OF TWENTY·CENT PIECES. 

Mr. SARGENT. Senate bill No. 468, authorizing the coinage of ' 

twenty-cent pieces of silver at the mints of the United States, is re- ported favorably by the Committee on Finance, and I ask that it may 

be considered. 

There being no objection, the bill (S. No. 468) authorizin~ the coinage of a-twenty-cent piece of silver at the mints of the "Cruted States wa-s considered as in Committee of the Whole. 

The bill was reported to the Senate, ordered to be engrossed for a third rea-ding, read the third time, and passed. 

JAltfES L. PUGH. 

Mr. GOLDTHWAITE. I move that the Senate. proceed to the con- sideration of Senate bill No. 781. 

The motion was agreed to; and the bill (S. No. 781) for the relief of 

James M. Pugh, was considered as in Committee of the Whole. 

The Committee on the Judiciary propose to amend the bill by 

striking out "M" and inserting "L." 

The amendment was agreed to. 

The bill was reported to the Senate, ordered to be engroesed for a third reading, read the third time, and pa.ssed by a two-thirds vote. 

DE3VER AND RIO GRANDE RAILWAY. 

Mr. SCOTT. I ask the Senate to consider no more harmless a bill 

than to correct a clerical error in a former act, Senate billl:l67. 

The motion was agreed to; and the bill (S. No. 867) to correct a c]~rical error in the act grantmg the right of way throngh the pub- lio lands tothe Denver and Rio Grande Railway Company, approved 

J nne 8, 1872, was considered as in Committee of the Whole. 

The bill was reported to the Senate, ordered to be engro sed for a thi~d reading, read the third time, and pa sed. 

IESSAGE F_RO):I TilE HOUSE. 

A message from the House of Representatives, by :Mr. McPIIERSON, 

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

committee of conference on the disagreeing votes of the two Houses on the resolution of the House to print extra copies of the report of 

the Commissioner of Education for the year 1873. The message also announced that the Speaker of the House ha<l 

appointed :Mr. EBElo.'"EZER ROCKWOOD HOAR, of Massachusetts, and 

Mr. ALEXANDER MITCHELL, of Wisconsin, members on the part of the 

House of the joint committee authorized to be appointed by the fifth 

sect.ion of the act for the government of the District of Columbia, 

and for other purposes. 

E~"ROLLED BILLS SIG~'ED. 

The message· afso announced that the Speaker of the House had 

signed the following enrolled bills; and they were thereupon signed 

by the President pro tem.p01·e: 

A bill (H. R. No. 3604) to establish certain post-routes; . A _bill (H. R. No. 2771) for the relief of J. Scott Payne, econd lientenant Sixth United States Cavalry, late first lieutenant Fifth United 

3tates Cavalry; and 

A bill (H. R. No. 2702) to relieve John Forsyth, of Alabama, of 

political disabilities. 

SHOSIIOXE Th"DIANS. 

Mr. BUCKINGHAM. I ask the Senate to consider House bill No. 

2104. It is like Senate bill'No. 604, which has been recommended by 

the Committee on Indian Affairs . The Chief Clerk read the title of the bill, as follows: 

A bill to confirm an a~reement made with the Shoshone Indians 

(East.ern band) for the purchase of the south part of their reservation 

in Wyoming Territory. 
1874. CONGRESSIONAL RECORD. 5429 

Mr. ROBERTSON. Has that bill ever been reported by the Senate 

committee¥ 

Mr. BUCKINGHAM. A bill precisely like that has been reported 

by the Committee on Indian Affairs and is on the Calendar as a Senate bill. This House bill on the same subject passed in the House, 

and I am authorized now to report that for action. - There being no objection, the bill was considered as in Committee 

of the Whole. 

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

the third time, and passed. 

EXECUTIVE SESSIO~. 

:rti.r. LOGAN. I move the Senate proceed' to the consideration of 

executive business. r -

The motion was agreed to; and the Senate proceeded to the con- sideration of executive business. After five minutes spent in execu- tive session the doors were reopened. 

POSTAL-CAR SERVICE. 

1\Ir. MITCHELL. I was directed yesterday by the Committee on Transportation Routes-- 1\Ir. SPENCER. Will the Senator yield to me for a moment? 

Mr. MITCHELL. Not now. 1\fr. SPENCER. Only for a second. 

Mr. MITCHELL. Yesterday I was instructed by the Committee on Transportation Routes to the Sea-board to submit a resolution, 

which was laid on the table. I ask its present consideration. · The resolution was read, as follows: 

Re.solved, That the Select Committee on Transportation Routes to the Sea.. board 

be authorized t{) prepare and report to the next session of Congress a bill providing for com:rensation for postal-car servicE.", and for that purpose sach committee is au- thorize to sit at Washington city during the recess of Congress and to make snch 

further investigations as they may deem proper, and to employ a. clerk; and that 

the actual and necessary expenses be paid out of the contingent fund of the Sen- ate upon vouchers approved by the chairman of the committee. 

The PRESIDENT p1·o tempore. The question is, Will the Senate 

proceed to consider the resolution t 

Mr. CLAYTON. Can that be considered without lying over one dayf · 

The PRESIDENT p1·o tempm·e. It was reported yesterday and laid over under the rule. It is in order now to proceed to its consideration. 

J.Ir. CLAYTON. I want to speak on that. 

J.Ir. MITCHELL. It does not provide for a roving commission. 

Mr. CLAYTON. During the afternoon a resolution introduced by 

the Committee on Territories was considered which I think is as important as this resolution. The information asked for there it seems to me can be obtained of one of the Departments oft,his Government, 

and I do not see why this committee should sit for this purpose any more than any other. 

Mr. STEWART. Will not the Senator allow me to offer 11 resolution! 

Mr. CLAYTON. I yield for that· purpose. ~fr. SPENCER. Ir. President--

The PRESIDENT p1·o tempore. Does the Senator from Arkansas 

yield f 1 

Mr. CLAYTON. Temporarily. blr. SPENCER. I ask the Senate to reconsider the vote by which 

the disabilities of John Forsyth of Alabama were removed to-day. 

1.\-fr. GORDON. Allow me to interrupt the Senator. I hope he will 

state his reasons for the reconsideration. 

1\Ir. SPENCER. I objected to that bill. I believe in the courtesy 

of the Senate. The Senator from Georgia very well knew that I objected to the passage of the bill, and it passed by a viva voce vote, 

when the Constitution of the United States requires that two-thirds 

of all the Senators present shall vote to relieve the disabmties of any man. Mr. Forsyth has invited the assa-ssination of republicans be- cause they believed in republican principles in the South, and he is a man who has been a violent rebel. I have been as liberal to those 

who have been rebels ns anybody in the Senate of the United States, 

and am willing to be so in the future; but I insist that the motion to 

reconsider shall be entered, and that the Senate reconsider this bill, 

and that a yea and nay vote be taken on that motion to reconsider. 

The PRESIDENT p1·o tempm·e. The Chair will inform the Senator 

that the bill has been enrolled and sent to the President, and it is 

past the power of a motion to reconsider. 

Mr. STEW ART. I submit the following resolution-- 1\Ir. MITCHELL. I believe the question was as to whether the 

Senate would proceed to the consideration of the resolution reported 

by me yesterday. 

The PRESIDENT p1·o ternpo·re. The Senator from Oregon is cor- rect. The question is on the motion of the Senator from Oreo-on to 

proceed to the consideration of the resolution indicated by 

The motion was not agreed to. 

CLERK OF A. COM:\IIITEE. 

Mr. STEW ART. I offer the following resolution: 

Resolved, That the clerk of the Joint Committee on District .AJfuirs be and is 

hereby, included in the r esolution heretofore adopted allowing pay to co~mittoo clerks until July 10, 1874. 

He has earned it, and has done a good deal more work than the 

others. 

1\fr. MORRILL, of Maine. I object to that resolution. 

1\Ir. STEW ART. I will state what it is. :rtlr. MORRILL, of Maine. Let it be read again. ~Ir. STEW ART. It is to pay the clerk of our investigating com- mittee the same as the other clerks up to the lOth of July. 

Mr. MORRILL, of Maine. Is that all' 

Mr. STEW ART. That is all. Mr. MORR~L, of Maine. I have no obJection. 

The resolution was agreed to. · 

CO):IMI'ITEE TO WAIT ON THE PRESIDENT. 

Mr. EDMUNDS. The committee appointed to wait on the. Presi- dent of the United States and inform him that the two Houses of 

Congress had concluded the business of the session and were ready 

to adjourn, h:we the honor to report that they have visited the Presi- dent of the United States, wbo has informed them that he has con- cluded the duties that devolve upon him in respect to this session, 

and has no communication to make to the two Houses. I therefore 

move, ~Ir . President, that the Senate adjourn without day. 

Mr. SARGENT. We had better wait until six o'clock. 

J.Ir. EDMUNDS. Very well. I withdraw the motion. 

THE GREE!'i'E STATUE. 

The PRESIDENT p•o tempore. Under the miscellaneous appropriation bill which authorizes the President of the ~enate to appoint a commissioner in regard to the statue of General Nathanael Greene the 

Chair appoints the Senator from Vermont, bfr. MORRILL. 

BILL POSTPO~""ED. 

Mr. B CKINGHA.l\1. I ask the indefinite postponement of the bill 

(S. No. 604) to confirm an agreement made with the Shoshone Indians 

(Eastern band) for the purchase of the sou tit part of their reservation 

in Wyoming Territory, which is just like the House bill that we have 

passed. 

The motion was agreed to, and the bill was indefinitely postponed. 

ASBURY DICXINS. 

Mr. Al'iTHONY. Now there are two or three minutes left of this 

session, and let us close it by an act of grace to the representatives of an old and faithful servant of this body. I hope the Senator from 

Wisconsin will withdraw his motion to reconsider the bill for therelief of Asbury Dickins. The PRESIDENT pl"Q tentpo·re. Does the Senater from Wisconsin 

withdraw! ~Ir. HOWE. Mr. President, I have not withdrawn, and I do not 

know of any reason why I should. 

Mr. ANTHONY. Because I ask you to. 

Mr. HOWE. I will take that into consideration, and I will inform 

my friend at the next meeting. Mr. SARGENT. Would it be in order to call it up and move to lay 

it on the table f 

The PRESIDENT pro tempm·e. The Senator can move to proceed 

to the consideration of it. 

lli. SARGENT. I do move it. 

The PRESIDENT p·o tempm·e. The Senator from California moves to proceed to the consideration of the motion to reconsider the vote on the bill for the relief of the heirs of Asbury Dickins. 

M.r. ED:\!UNDS. Mr. President--

1\Ir. SARGENT. If the Senator desires to debate it I will withdraw the motion. Mr. EDMUNDS. No; I am ready to hear the Senator from California on the propriety of takin~ up this bill. :rtlr. SARGEl<I'T. We have so little time to take it up, provided there 

is the slightest objection- - 1-Ir. EDMUNDS. I shall be glad to hear the Senator. 1-Ir. SARGENT. It wa.s debated at great length, and I think the 

Senator must have been convinced by debate. As the Senator from 

Rhode Island says, it is an act of grace to pass it. We cannot do 

better during the closing minutes of the session, and I hope the vote 

may be taken at once. 

:MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by McPHERSON, its 

Clerk, announced that the House had pas ed-the bill (S. No. 781) for 

the relief of James L. Pugh. 

FL.~AL ADJOUR~ME...~T. 

The PRESIDENT pro tempore, (at six o'clock p.m.) Senators, I 

should do great injustice to my own feelings if I did not return to you 

my heartfelt thanks for your kindness at the present session. 

It is remarkable that the more we see of the Constitution of :the 

United States and the more familiar we become with it in practice, the more we admire the wisdom of its provisions. . I have siilce presiding 

here by your favor at this session, come to esteem as I never did before 

the wisdom of that provision which separates the Presiding Officer from 

the members of the body. He who occupies this chair, the duties of 

which are so nearly judicial, ought not to be a Senator, for as a Senator he must more or less participate in debate and take more or less 

interest in the questions which are pending here; and1 if not sus- pected by othe-rs of partiality toward those questions m which he 

takes an interest, he must, if he be a right-minded man, suspect himself of partiality, and it may be, in endeavoring to avoid that., lean 

too far the other way. · 
5430 CONGRESSIONAL RECORD. JUNE 23, 

I thank you again, gentlemen, for your courtesy, your kindness, 

the patience with which you have borne the errors which were neces- s:1I"ily the result of my inexperience as a presiding officer; and hoping 

that you will in safety reach your homes and there meet an approving 

constituency, that we shall meet here again in December in health and 

prosperity, and returning to the corps of clerks before me my thanks 

for their co-operation in performing the duties of the Chair, I now proceed to execute the order of the two Houses of Congress, and 

declare that the Senate of the United States is adjourned sine die. 

HOUSE OF REPRESENTATIVES. 

TUESDAY, June 23, 1874. 

The House met at eleven o'clock a. m. Prayer by the Chn.plain, 

Rev G.BuTLE~D.D. . Mr. MAYNARD. I move to dispense with the rea<ling of the Journal of yesterday. 

Mr. SPEER. I object. The SPEAKER. Never since the beginning of Congress has the 

Journal been demanded to be read under like circumstances. 

Mr. MAYNARD. I move to suspend the rules to dispense with the 

reading of the Journal. 

The rules were suspended, (two-thirds voting in favor thereof,) and 

the reading of the Journal was dispensed with. 

ENROLLED BILL. 

Mr. D.ARRALL, from the Committee on Enrolled Bills, reported 

that they had examined and found tr~y enrolled a bill (H. R. No. 

3415) to provide for the care and custody of persons convicted in the 

courts of the United States who have or may become insane while 

imprisoned ; when the Speaker signed the same. 

MESSAGE FROM THE SENATE. 

.A message from the Senate, by :Mr. SYl\1PSON, one of their clerks, 

announced that the Senate had agreed to the report of the committee of conference on the disagreeing votes of the two Houses on the 

bill (H. R. No. 3600) making appropriations for sundry civil expenses 

of the Government for the fiscal year ending June 30, 1875. 

HYACINTHE DE ST. CYR. 

On motion of Mr. GIDDINGS, by unanimous consent, leave was granted for the withdrawal from the files of the Committee on War 

Claims of the papers in the case o.f Hyacinthe de St. Cyr; no ad verse report having been made thereon. 

J. B. CIIAPMA.."\. 

On motionofMr. RAINEY, byunanimouscons ent, leave was granted 

for the withdrawal from the files of the House of the papers in the case of J . B. Chapman, which had been favorably reported on from 

the Committee on Indian Affairs. 

ED. T. PRESTOX. 

On motio:Q. of Mr. HUNTON, by unanimous consent, leave was granted for the withdrawal from the files of the House of the papers 

in the case of Ed. T. Preston. 

BRACKEN &; HINES. 1 

On motion of Mr. H.A. VENS, by unanimous con ent, leave was granted fo:r the withdrawal from the files of the Hause of the papers in 

the case of Bracken & Hines. 

BREVET BRIGADIER-GE:NERAL J. M. ROllERTSON. 

On motion of Mr. NESMITH, by unanimous consent, leave was granted for the withdrawal :fl:om the files of the House of the private 

papers in the case of Brevet Brigadier-General J. M. Robertson, no adverse report having been made thereon. 

ROBERT TILLSON &; CO. 

Mr. KNAPP. I move, by unanimous consent, that leave be granted 

for the withdrawal from the files of the House of the papers in the case of Robert Tillson & Co. 

Mr. LAWRENCE. I' object to the withdrawal of those papers. 

PETER J. KNAPP. 

On motion of Mr. McCRARY, by unanimous consent, leave was ~ranted for the withdrawal from the files of the House of the papers ill relation to the bill for the relief of Peter J. Knapp, no adverse 

report having been made thereon. 

CLARA MORRIS. 

On motion ofMr.ARTIIUR, by lmanimous consent, leave was granted 

for the withdrawal from the files of the House of the papers in the 

case of Cln.ra Morris; no adverse report having been made thereon. 

IIIRS. WOLF. 

OnmotionofMr. SWANN, byunanimousconsent, loave wasgranted 

for the withdrawalfrom the files of the House of the papers in the case of Mrs. Wolf, which were referred to the Committee on War Claims, no adverse repo~ having been made thereon. 

MISS ~A ELLA CARROLL. • 

• On motion of 1lfi l\f.A.YNARD, by unanimous consent, leave was 

~anted for the withdrawal from the files of the House of the papers ill the case of l\fiss Anna Ella Carroll, now before the Committee on War Claims, no adverse report having been made thereon. 

CHARLES COSBY. 

On motion of Mr. READ, byunanimous consent, leavewas granted 

for the withdrawal from the files of the House of the papers in the case of Charles Cosby, no adverse report having been made thereon. 

MARTIN KALBFLEISCH & SONS. 

On motion of Mr. ·wiLLARD, of Vermont, by unanimous consent, 

leave was granted for the withdrawal from the files of the House of 

the papers in the case of Martin Kalbfleisch & Sons, a bill in their 

behalf having passed both Houses of Congress. 

CAPT Ali~ JOHN DAVIS. 

On motion of Mr. TOWNSEND, by unanimous consent, leave was granted for the withdrawal from the files of the House of the papers 

pertaining to the claim of administration of the affairs of Captain 

John Davis, a soldier of the Revolution. 

LAWSON & BRE~~S. 

On motion of Mr. HERNDON, by unanimous consent, leave was granted for the withdrawal from the files of the House of the papers 

in the case of Lawson & Bren:is, now before the Committee on War 

Claims, no adverse report having been made thereon. 

LEAVE TO PRINT. 

Mr. COOK, by unanimous consent, was granted leave to print in tho 

RECORD, as part of the debates, some remarks he ha.Q. prepared on the subject of war claims. (See Appendix.) 

SAGG FORT, TENNESSEE. 

Mr. BUTLER, of Massachusetts. I move, by unanimous consent, 

that leave be ~ranted for the withdrawal from the files of the House 

of the papers m the case of Sagg Fort. 

Mr. LAWRENCE. I object to that, as there has been an adverse 

report in that case. 

The SPEAKER. The Clerks are instructed not to allow the withdrawal of papers from the files where there has been an adverse re- port, but where any gentleman of the House knows the fact it is 

better to state it. 

Mr. RANDALL. It is the understanding, I suppose, that copios in 

in all these cases are left on file. 

Mr. HAWLEY, of Illinois. I should like to ask a question. When 

these papers are withdrawn is the correspondence with the Departments, and other public papers in reference to the claim, also withdrawn at the same time f 

The SPEAKER. Nothing is withdrawn by the parties but what 

they ·themselves have filed. 

Mr. HAWLEY, of Illinois. Then I am to understand they do not 

withdraw all the papers. 

The SPEAKER. No; only those which they themselves have filed. 

ROBERT TA...~SILL AND MARCELLUS CHRISTIAN, 

Mr. BUTLER, of 1\Ia.ssachusetts, by unanimous consent, introduced a bill (H. R. No. 3780) to relieve the political disabilities of Robert 

Tansill, of Prince William County, Virginia; which was read a first 

and second time. 

Mr. MORRISON. 'I move to include in that bill also the name of 

Marcellus Christian. 

The amendment was adopted. 

The bill was ordered to be engrossed and read a third time ; and 

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

two-thirds voting in favor thereof. 

The ·title was amended so as to include the name of Marcellus 

Christian. 

Mr. BUTLER, of Massa<:husetts, moved to reconsider the vote by 

which the bill was passed; and also moved that the motion to recon- sider be laid on the table. 

The latter motion was agreed to. 

SUJ\'DRY CIVIL APPROPRIATION BILL. 

Mr. GARFIELD. I n view of the faet that we have just received 

notification from the Senate of the adoption by that body of thereport of the committee of conference on the sundry civil appropriation 

bill, I hope the gentleman from Indiana [Mr. TYNER] will consent 

to postpone the post-office appropriation bill for the present so that we may take up the sundry civil appropriation bill, as it will require more time for its engrossment. 

1\fr. TThTER. I do not object to that. 

DIRECT TAXES. 

Mr. DAWES. I ask both of these O"entlemen to give way to me for a moment. There is a bill on the Speaker's t·able from the Sellate, an act (S: No. 806) to extend the tinle allowed for the redemption of certain lands by the first section of an act entitled "An act to 

provide for the redemption and sale of lands held by the United 

8tates under the several acts levying direct taxes, and for other pur- poses," approved June 8, 1872, and to suspend the operation of the 

fourth section of said act. The same bill was attached to the tariff 

bill; it has pa sed both Houses of Congress. Now, in consequence of