1696 CONGRESSIONAL RECORD. FEDRU.A.RY 21, 

By :Mr. SESSIONS: The petition of citizens of Salam:mca, New 

York, for the passage of the bill pendin~ in Congress to aut.horize the 

Cattaraugus and Allegany Indians, in tne State of New York, to lea-se 

lands, confirm leases, and quiet titles to their lands, to the Committee 

on Indian .Affairs. 

By .Mr. STORM: Tbe petition of citizens of Pennsylvn.nia engaged 

in lumbering bu ine s on the Delaware River, for the improvement 

of the navigation of the Delaware River from Sandt's Eddy to 

Trenton, to the Committee on Commerce. 

Dy Mr. V .ANCE : The petition of citizens of Fingerville, South Carolina, for a mail-route from Spa.rtanburgh, South Carolina, to Rutherford, North Carolina, via Poore's Ford, to the Committee on the 

Post-Office and Post-Roads. 

By Mr.--: The petition of Thomas W. Collins, for the incorporation of the O.t:ygen Gas Company of the District of Columbia, to 

the Committee on the District of Columbia. 

.Also, the petition of Franklin Lee, of Buffalo, New York, and Charles 

F. Dunbar, of Erie, Pennsylvanb, for provision in the deficiency appropriation bill to pay them for work done under ·contract in the 

hu.rbor of Ashtabula, Ohio, to the Committee on Appropriations. 

HOUSE OF REPRESENTATIVES. 

SATURDAY, February 21, 1874. 

The House met at twelve o'clock m. Prayer by the Ch:1plain, Rev. 

J. G. BUTLER, D. D. 

The J ourna.l of yesterday was read and approved. 

SHOSHONE RESERV A. TION, WYO ITNG TERRITORY. 

:Mr. SH.A.l"\TKS. I ask unanimous consent to report, from the Committee on Indian .Affairs, for consideration at this time, a bill to con- fum an agreement made with the Shoshone Indians, Eastern Band, 

:for the purchase of the south part of their reservation in Wyoming 

Territory. 

Mr. HALE. of New York. I must object, if it gives rise to debate. 

Mr. SHANKS. I think it will not: I can explain in a moment the 

purpose of the bill. It is for the purchase of one-third of the Shoshone reservation, in Wyoming Territory. The reservation consists of 

2,6SS,OGO acres; and one-third of that reservation is to be sold to the 

United States for the benefit of the settlers now upon it for $25,000, 

to be paid at the rate of $5,000 a year. It is the unanimous report of 

the Committee on Indian Affairs.· 11fr. l\fAYNARD. What necessity ill there for bringing the bill in 

at this time' When will the Committee on Indian .Affairs be called 

in it regular order f 

Mr. SHANKS. The Committee on Appropriations is now perfeci;-

ing the Indian appropriation bill, and it is necessary that they should 

have this item. l!,or that reason, and at their request, I a-sk len,ve to 

introduce the bill this morning. 

The SPEAKER. The bill will be read, after which objections will 

be in order. The bill provides that the n,greement entered into on the 26th of 

December1 1872, between F elix R. Brunot, commissioner on the part 

of the Uruted Stn,tes, and the chief, head-men, and men of the Eastern 

Band of Shoshone Indians shall be confirmed and approved by the 

Congress and President of the United States; provided that the cattle 

furnished under the agreement shall be good young American cattle, 

suitable for breeding purposes. 

lli. WOOD. I object to the consideration of the bill at this time. 

:Mr. SHANKS. Then I ask that it be printed, and referred to the 

Committee of the Whole on the state of the Union. 

No objection being made, the bill (H. R. No. 2104) was received, read g, first and second time, referred to the Committee of the Whole on the 

state of the Union, and ordered to be. printed. 

BIRTHDAY OF A.BRA.HA.M LINCOLN. 

Mr. BANNING, by unanimous consent, presented the petition of T. 

N. C. Liverpool, Peter H. Clark, and other citizens of Cincinnati, 

Ohio, ash."in.O' that the anniversa1·y of Abraham Lincoln's birthday be 

declared to be a legal holiday; which was referred to the Committ.ee on the J udic~ry, and ordered to be printed. 

ANNIVERSARY OF WASHINGTON'S BIRTHDAY. 

Mr. CRITTENDEN. Mr. Speaker, I move that, when the Houso 

adjourns to-clay, it stand adjourned until Tuesday, the 24th February, 

.Af3 the 22d of February comes on the Sabbath, it is well for us to recognize the succeeding day as the anniversa.ry of the '6irth of General 

Washington. The civil and military authorities over the land ha.ve 

v.clopted th'1t day as the anniversary of the birth of the Father of our country. We should commemorate the day on which that man was born "who was first in wa.r, :first in :peace, and first in the hea.rts of 

his countrymen." 

The question was taken; and on a division there were-ayes 57, noes 57; no quorum voting. 

Tellern were ordered; and Mr. HARRIS, of Massachusetts, and Mr. 

CRITTENDEN were appointed. The House again divided; and the tellers reported that there 

wore-ayes 93, noes 58. 

Before the result of the vote was announced, 

1\lr. FOSTER called for the yeas and nays. 

The yeas and nays were ordered. 

The question was taken; and there were-yeas 117, nays 88, not 

voting ~; a follows: 

YEAS-Me SI'B. Adams, Arthur, Ashe, Atkins, :B:mnine, :Barnum, Barrere, Beck, Berry, Biery, Bland, llowen, Bromberg, Brown, Rodenck R. Butler, Cald, 

well, Ces na, John B. Clark, jr., Clymor, Clinton L. Cobb, Coburn, Crittenden, 

Crossland, Alexander M. Davis, john J. Davis, DoWitt, Dunnell, Dmham, E:unes, Eden, Eldredg:e, Frye. Giddings, Glover, Gooch, Hamilton, Hancock, 

H enry R. Harris, Hatcner, Havens, Jo eph R. Haw loy, Hayd, Gerry "\.V. Hazelton, 

John W. Hazelton, Herndon, Holman, Hou~}lton, Howe, Hubbell, Hunton, Hyn s, Jewett, K endall, K.na-ep, Lamport, Luttre.u, Maaee, Marshall, Martin, McLean, McNulta, 1\filliken, Mills, :Mitchell, Moore, Myers, NenJ., Negley, Niblack, Ortb, 

Hosea W.Parker, Isaac C. Parkor, P endleton,_J'eiTy, Pierce~ Pike, R:md:ill, Rawls, 

Read, Robbins, William R. Roberts, Scofield, JienryJ. Souduer, Sener, Sheats, Slo s, H. Boardman Smith, J. Ambler Smith, Southard, Speel', Spmf\ue, tanard, St::mdoford, St. John, Stone, Storm, Stowell, Swann, Sypher, Thornourgh, Vance, \Vaddell, Waldron, Wallace, WellR, White, Whlteheac\ ~Vhitehouse, Whitthorne, Charles 

W. Willard, Charles G. Williams, Willie, Wilsnire, Ephraim K. Wilson, Wolfe, 

Wood, and John D. Young-117. 

NAYS-Messrs. Albert, Albright, Barber, Buckner, Buffin ton, Bundy, :Burchard, 

Burrows, Cannon, Freeman Clarke Clayton, Stephen A. Cobb, Con .... er, Corwin, 

Cotton, Crooke, Crounse, Danford, Darrall, Donnan, Far-well, Field, ~ort, Foster, 

Garfieltl, Gunckel, Hagans, Eugene Hale, Robert '.Halo, Benjamin W. Harris, Ha--

thorn, John B. Hawley E. Rockwood Hoar, Goorge F. Hoar Hoskins, Hunter, 

Hurlbut, Hyde, Kelley, Killinger, Lawrence, Lawson, Loughrlcigo, Lowe, Maynanl, 

McCrary, James W. McDill, MncDoug:ill, McJunlG.n, Mellish, Merriam, Monroo, 

Orr, Pa{)kardJ?acker, Page, Parsons, Pelh:un, Rainey, Rapier, Ray, Rice, Richmond, Ellis .li. Roberts, James.W. Robinson, Rusk, Sawyer, Henry B. Saylor, John G. Schumaker, Sessions, Sheldon, Sherwood, Small, Smart, John Q. Smith, 

&lyder, Starkweather, Townsen~J .. Jasper D. W ard, Wheeler, Whiteley, Ge~e 

Willaru, JohnM. S. Williams;_ William Williams, William B. Williams, James wil- son, Jeremiah M. Wilson, and Woodworth-88. 

NOT VOTING-Mes rs. Archer, Averill, Barry, Bass, Begole, Bell, Blount, Bradley, Bright, Burleigh, Benjamin F. Butler, Cain, Ca on, Amos Clark, jr., Clement!'!, 

Comingo, Cook, Cox, Creamer, Crockel', Crutchfield, Curtis, Dawes, Dobbins. Duell, 

Elliott, Freeman, Harmer, John T. Ha.rris, Harrison, Hendee, Hereford, Her~o.v, 

Hodges, Hooper, Kasson, Kellog_g.;_ Lamar, Lamis~~ Lansing, Leach, Lewis, Lofi:md, 

Lmrndes, Lynch, Alexander S . .MoDill, McKee, Morey, Morrison, Nesmith, Niles, 

Nunn, O'Brien, O'Neill, Phelps, Phillips, James H . Pla.tt, jr., Thoma C. Platt, 

Poland, Potter, Pratt, Purman, Ransier, James C. Robinson, Ross Milton S!l.ylcr, Isaac W. Scudder, Shanks, Lazarus D. Shoemaker, A . Herr Smith, GeorgeL. mith, 

William A. Smith, Stephens, Strait, Strawbridge, Taylor, Thomas, Todd, Tremain, 

Tyner, Walls, MarcusL. Ward, Wilber; Woodford,:mdPierceM.B. Young-85. 

So the motion was agreed to. 

Mr. CRITTENDEN moved to reconsider the vote by which the 

motion was agreed to; and also moved that :the motion to recon- sider be laid on the table. 

The latter motion was agreed to. 

TERRITORIA.L AID TO RAILROADS, ETC. 

Mr. FORT, from the Committee on the Territories, reported a blil 

(H. R. No. 2105) to forbid the Territories of the United State , and 

the.counties, cities, and towns therein, to incur indebtedness in aid 

of railroad companies or other private corporations; which wa.s read a first and second time,· ordered to be printed, and recommitted, not 

to be brought back on a motion to reconsider. 

W A.SHINGTON CITY AND PO niT LOOKOUT RAILROAD. 

lli. COTTON. I call for the regular order. 

The SPEAKER. When the House adjourned yesterday the pending motion was to lay on the table a bill reported from the Committee on the District of Columbia by the gentleman from Illinois, 

[Mr. RICE.] It is the bill (H. R. No. 2075) supplementary to the act 

entitled "An act to authorize the Washington City and Point Lookout Railroad Company to extend n. railroad into and within the District of Columbia," approved January 22, 1873. • On the motion to 

lay the bill on the table the yeas and nays were ordered. The question now is, Will the House lay the bill on the table f 

Mr. RICE. Now, Mr. Speaker, I desire to ask permission of the 

Honse--

Mr. :RANDALL. I object to debate. • The SPEAKER. The IUDtion to lay on the table is undebatable 

except by unanimous consent, and debate is ob,jected to. 

Mr. RICE. I do not intend to debate the bill, but simply to make a statement of a motion which I desire to submit. 

Mr. RANDALL and Mr. SPEER objected. 

Mr. RICE. I wish to withdraw the motion for--- The SPEAKER. The gentleman from Illinois-;:-

Mr. RANDALL. I desire to have the orders of the House executed. 

The SPEAKER. Certainly; but gentlemen are entitled to an intelligent apprehension of what the orders of the House are. The gentle- man from Illinois [Mr. RICE] demanded the previous question on the 

engrossment and third reading of the bill. Pending that demand t.he 

gentleman from Pennsylvania in front of the Chair [Mr. NEGLEY] 

moved that the bill lie on the table. On this motion, which is undebatable, the yeas and nays have been ordered; and the motion not 

being withdrawn, it is the duty of the Chair to order that the vote be 

taken. The question was taken; and there were-yeas 100, nays 118, not 

voting 72; as follows : YEAS-Messrs. Adams, Arthur, ~be, Banning, Barnum, Biery, Blount, Brown, 

Buffint.on, Burrows, Benjamin F. Butle~ Roderick R. Butlel', Caldwell, Cl:lSsna, Cl!l.vton, Clements, Clymer, Stephen A. uobb, Crossland, Curtis, Dunford, Darrali, 

DeWitt, Donnan, Foster, Garfield, Giddings, Gooch, Hagans, Hamilton, Hancock, 

Henry R llarris Hatcher, John B. Hawley, Haya, Ge·rry W. Hazelton, John \V. 

Hazelton, Herndon, E. Rockwood Hoar, George F. Hoar, Holman, IIy1le, Kollev, 

.Killinge:r;, Lamport, Lawrence, ~awsou, ~uttr ll! M~~ee, Alexander S. McDill, 

McJunkin, :McKee, McLean, Mollish, Mernam, :Mill.s . .lllonroo, Myers, Negley, Orr, 
1B74. CONGRESSIONAL RECORD. 1697 

Orth, Packer, Pa~e, Hosea. w: Parker, L aa6 C. Parker, Parsons, Pendleton,~., Pike, 

.Tames H. Pbtt, .Jr., Randall, Read, Robbins, Ross; Rusk, Sawyer, Milton 1::S::tyler, John G. Schumaker, Soofield, Henry .r. Scudder, lsaae W. Scu(liier, Sener, Sha.nks~ 

Sheats, Sherwood, Lazarus D. hoemaker, mall, Soutlmrd. Speer, Starkweather, 

Storm, Strait, Swann, Townsend. \V allace, Ch:u'les W. Willard, Willie, .r eremiah M. 

Wilson, Wood, Woodford, and Woodwort.h-100. 

NAYS-Messrs. Albert, Albri""ht, Averill, Barrere, Beck, Begolea Berry, Bland, 

Bowen, Bright, Bromberg, Buckner, Bundy, Burchard, Cannon, a on, John B. 

Clark, jr., Freeman Clarke, Clinton L. Cobb, Coburn, Coming_o, Conger, Cook, Corwin, Cotton, Crittenden, Crooke, C:fonnse, Alexander M. l.Ja'v:is, John .r. Davi, 

Dunnell, Durham, Eames,~., Eden, Eldredge, Farwell, Fielcl, Fort, Freeman, Frye, Glover, Gunckel, Robert~. Hale, Benjamin W. Harris, Hn.thorn, .To eph R. Hawley, Hersey, Hooper, Hoskins, Hou_ghton, Howe, Hubbell, Hunter, Hunton, Hurlbut, 

Hynes, Jewett, Kn.\pp, Lofland. .LOujrhridge, Lowe. Marshall, Martin, Maynard, 

McCrary, .Tames W. McDill, MacDougall, McNulta, Milliken, Mitchell, Moore, Neal, 

Niblack, O'Brien, Packard, Pelham, PeiTL. Phelps. Pierce, Poland, Rainey, Ransier, Rapier, Ray, Rice PJ.chmond, Ellis .tl. Roberts, .Tame C. Robinson, .Tames 

W. Robinson, Henry B. Savler, Smart, H. Boardman Smith, .r. Ambler Smith, Sprague, Stanard~ Standeford, t . .John, Stoue, towell, Thoril'burgh, Vance, Walflron, Jasper D. \Varu, Well'!, White, Whitehead, Whitehouse, Whittnorne, Wilber, George Willard Charles G. Williams, John M. . Williams, William Williams, William B. 

Willia:m , Ephraim K. Wilson, .Tames Wil on, Wolfe and Pierce :M. B. Yollll~-118. NOT VOTING-Messrs. Archer, Atkins, Barber, Barry, Bass, Bell, Bradley, Burleigh, Cain, .A.mosChrk, jr., Cox, Creamer, Crocker, Crutchfield, Dawes, Dobbins, 

Duell, Elliott, Eugene H::tle, Harmer, John T. Harris, Harrison, Havens, Hendee, 

Hereford, Hodges Kasson, Kellogg, Kentlall, Lamar, Lamison, Lansing, Leach, 

Lewis, Lowndes, Lynch, Morey. Morrison, e mith, Niles Nunn, O'Neill, Phillips, 

Thomas C. Plat~ Potter, Pratt, Purman, Rawls, William R. Roberts, essions, Sheldon Sloss, A. .Herr Smith, George L. Smith, John Q. Smith, William A. Smith, Snyder~,Stephens, Strawbridge, Sypher, Taylor, Thomas, To1ld Tremain, Tyner, Wadde.u., Walli, Marcus L. Ward, Wheeler, Whiteley, and John D. Young-72. 

So the motion to lay on the table was not agreed to. 

Durin(}' the roll-call, 

Mr. WILLARD, of Vermont, said:: My colleague, Mr. HENDEE, is 

absent on account of illnes . The result of the vote was announced as above tated. 

Mr. RICE. Mr. Speaker, I desire to withdraw the motion I made 

last e'-Vening for the previous question on this bill ; :md I do so in 

order that the amendments which were mentioned by gentlemen in 

opposition to the bill may be presented and acted upon; and if the 

House hould belie~e those amendments proper, I hope they will be 

adopted. There is no disposition on the p8:rt of the oommittee to interfere with the will of the House· ill this matter. I withdraw the mo- tion for the previous question that tlio e amendments may be offered. 

I desire to say, further, tnat when the amendments have been presented and a sufficient time given for explariation, so that the House 

may understand the amendments, I shall then renew the call for the 

previou question, for the reason· that I believe there is some important business which the House desire to transact, and I think mem- bersarenowfullyapprisedconcerningthemeritsofthisbill, astheywill 

be with regard to the amendments when time shall have been allowed 

for explanation. When such time shall have been allowed, I shallc:J.ll 

the previous question. 

Mr. BUTLER, of Ma.ssa<lhusetts. I desire to move to commit this 

bill to the Committee of the Whole on the state of the Union and' I 

will state for a moment my reasons. I think it a-,ppropriates public 

property ; that is, it takes public propetiY devoted to one use and 

applies it to another use. It olig'ht to be disou ed in the Committee of 

the Whole on the state of the Union. It is important; while, as a rule--

Mr. RICE. I hope twill be permitted to interrupt the gentleman 

from Massachusett . I am not acquainted with the parliament,ary 

rules of the Hou e, and therefore de ire to know, when I havo withdrawn my motion, my demand for the previ~us question, for the purpose of amendmen~ being introduced, whether the question is debatable without amendment f 

The SPEAKER~ The gentleman withdtawing his demand for the 

previous question leaves the question before the House, Shall the bill 

be engrossed a.nd 1·ead a third tirrie Y which isdebatablewithorwithout amendment i.h the Widest sen e, and the Ch'air has recog~ed the 

gentleman from Massachusetts. 

Mr. BUTLER, of Ma achusetts. lli. Speaket, I was desirous simply 

to call the attention of the Honse to this· fact : This bill proposes to put a road aero s the EnBtern Branch of the 

Potomac, and for that purpose to bui1a a h~idge, tbe inevitable effect 

of which: will be·to fill lip that branch and' to' render it unnavigable. 

We are already called u'poii. to appropriate 2,000,000 to open the Poto- mac River, which has been fill d up bythe buildiJ.ig.of th~ r..ong Bridge. 

Now every public vessel will have to go through this bridge. If any 

gentleman is willing'to· introdn:ce a resolution here to aboli h the 

Washington navy-yard, F do no know but I will vote for it; but I am not willing to·vote for it irl tbi~ form. 

Secondly, the propo ed roatl. goos· near the· ob. ervatory building. 

Anybody who knows anytliirig about an ob ervatory knows they have 

to go down to a great depth to get a foundation so as to have ab olute 

quiet, and any jar of a tra-in· would· give a parall~ to Jupiter such as no astronomer ever dreamed of. [Laughter.] 

Then it goes right by the WashingtJon Monument. [Laughter.] 

Now, whatever w·e may think of the proposition to complete the building of that Washington Monument i1l is-there, and some time or other 

must be taken care' of oy the cotintry .. It runs, too, between the White House and the river, as well as between the river an(} all the Departments. Now I wish to hear some argum.ent to show thls'to be of so· great advantage that we can afford 

to cut up this beautifUl city in that way. The only advantage I have 

heafd' oflfr<rintgentlemen-· -

107 

~fr. RICE. Will the gentleman allow me td ask him a single question f . , 1\fr. BUTLER, of Ma sachusetts. Certainly. 

Mr. RICE. Does the gentleman from Massachusetts say it goes by 

the White Ron e Mr. BUTLER, of Massachusetts. Between the White House and 

the river. 

Mr. RICE. What is "by the White House "-a mile off¥ 

Mr. BUTLER, of Ma sachusetts. It is to run between the White 

House and the river, wherever the e gentlemen choose to put it. 

l\Ir. RICE. It is far from the White House to the river. 

Mr: BUTLER, of Mas aclmsetts. Everybody knows how far it is. ~Ir. RICE. I believe it i a mile. 

Mr. BUTLER, of Ma achusetts. We know the geography of the 

District of Columbia tolerably well. I do not care whether it is a mile or not. The point is they are to be allowed to run this road between the White Hou e a.nd the river wherever they choo e. Everybody know it as well as I do. They may make a depot in front of 

the Treasury Department. The bill gives unlimited power. 

The only a(lvantage is we shall have a coal-road connecting with 

tide-water. I think w can get a coal-road from Point of Rockd and 

the Cumberland coal mines down to tide-water without going through 

the heart of the city. I think it can oe done in another way. I hope 

it can; I believe it can. Navigation is ample here for all coal-ve - sels which come up. The large t coal-ve els do not drawmoretban 

nine feet of water. The Reading Railroad has an immense number 

for the business, and an immense :p.umber, in any view of the case, of 

propellers for this purpose, which draw about :riine feet of water, and 

they can go up to Georgetown if we clean out the channel. 

I do not think there is any public nece ity why we should give 

thi unlimited control to a corporation to cut through the city of 

Washington. We are now at immen e exp~nse to beautify this city. 

This is no new thing with me. I voted against the Potomac ron:d 

coming in, because they wanted to come in too far. They have now spoiled sub tantially any hope of completing what I had hoped in' some future t-ime would have been completed-a park, with public 

garden and all that sort of thing, without a railroad pil ing through 

it and a railroad depot in the center of it. I voted against that, and 

I am ag:J.inst this for the same reason. I do not see why the merchandise of this country should be carried 

through the centers of cities; and I think the feeling of the people is 

changed as to that, and now prefers that it should go around a city 

There is no such haste about a coal-train a to make it neces ary tlillt 

it should go through the center of a city. I de ire to see coal above· all thingo cheap, because it is wholly upon that that Massachusetts 

lives-through the consumption of it by man'ufacturers. I de ire to see it a cheap a it can be made; but everybody must see that coalvessels, to be fitted for distributing coal in' the harbor and rivers o:f; 

the country, must be of light draught; and this object can be attained 

by the use of steamers of the size found by eipertence to b~ the b_est 

for such u e. By using such vessels there can be navigation frOih'tidewater to the Point of Rocks Railroad; anditherefore'seenonecessity 

for this road. 

Mr. LAWRENCE. Will the gentleman allow me to ask him a qu~stion Y 

Mr. BUTLER, of Massachusetts. Certainly. 

l\fr. L.A WRENCE. If this bill is passed, will it not give to this-Tailroad company the entire control of the river-front of Wa hington, so as to interfere with the bu iness of this city f 

Mr. BUTLER, of Massachusett. I am so told, but I liave not ex- amined that with sufficient care to know. I alw~1s try to speak t6' 

this House of what I do 1mow, and not of what I do not. It may be so. I have not gone through that so as to be able to enlighten the 

House in regard to it. I have no Kn.owledge of the subject that all 

there t of the House have not. But I have thought it right to bring 

these things to the consideration of the House. . Gentlemen tell me that this will he done under the direction of the 

Secretary of War or the Secretary of the Navy. If this road is to 

be built, it has got to come somewheret ~nd all that ha.s to ~e done is 

to find the least objectionable route within certain limits. My proposition is that it is most objectionable within the limits now proposed. 

I yield to the gentleman from Pennsylvania~ [Mr. SCOFIELD.] 

:Mr. SCOFIELD. I knew nothing about this road until yesterday, 

when the bill came up in the House. I did not know by what outside interest it was advocated, or anything· about the corporation. 

I learned more than I had ever done before from friends whom I happened to meet last night. If I understand the Ih'oposition now, the 

road begin on the north of the city, five or six' xhiles·from here, and comes around and trikes the Baltimore and Ohio road, and, byway of 

the Metropolitan and Point of Rocks road-which belongs to the Balti- more and Ohio, and on which it starts-it can come in to tHe depot on the 

north side of the cit'y. But instead of coming in on' that track, it crosses the Ba-ltimore and Ohio; crosses the Eastern Branc~; and then crosses 

back, or perhaps keeps on the eastern ide of the Eastern Branch all the 

time, and then crosses below the navy-yard betweM the rl.avy-yard and 

the arsenal. It comes into the city on 0 street, strik~ acros to the Potomac River between Seventh and Eighth streets~ just' where most business is now done, and then foUo-w:-s·alohg up tlie river, or .":dear" the 

river corning to the foot, or '. 'nea.\1" tlie fuot of the' str~et. It' Hrtq 'come to the river, or "nea "the qv~r, It is very indefinite, o.m.etlllii~flik.aj 
1698 CONGRESSIONAL RECORD. FEBRUARY 21, 

the distance as to which the gentleman from Massachusetts inquired· of 

the gentleman from illinois, [Mr. RicE,] whether "near" is to mean close by, or half a mile, or a mile distant. As to that the bill is silent. 

Then from Eighth street the roa.d is to come "along or near" the river 

to Fourteenth street. And thence the route is prescribed with won- derful particularity to Fifteenth street. It is "to proceed to a point 

nearthesouthernterminusofFifteenthstreetsouthwest." Thisstreet, as gentlemen all know, is the street on this side of the Treasury building; nd there I understand is the place where they are to have a depot, right in front of the Trea-sury building, right in front of the President's Honse, and nearly in front of the new State Department building. This is the rumor; I do not know how far it is tme, because the 

bill does not say where the depot shall be. The road then goes on and 

will destroy the observatory altogether. I do not know but it will 

destroy the navy-yard. It would very materi,•tlly impair its use arrd 

might result in its removal. Aside from that, we have now nothing 

in this city almost, except its being the capital. Everybody is anxious 

to have some manufactures, some commerce, some kind of business, to 

add something to the population of the city, aside from its mere political character a,s the capital of the country. Now, this road will re- move that navy-yard ultim..q,tely, and destroy its usefulness while it 

is maintained. And if it goes along by the observatory, I am told by 

everybody who knows anything about it that it will compel its re- moval. That could be done at considerable cost. The observatorv 

might be hken over to Arlington, and I suppose that would perhaps 

be a very good 11laceforit. But the construction of this railroad would 

compel its removal from where it is now situated. 

Then the bill provides that this rol1d shall go along by a "desirable or feasible" route-some such language as that, practically by any 

route which the company may choose-into Georgetown, and then through the city of Georgetown. And then, in the end, it will probably come bctck "to the place of beginnin!T," as we say in deeds. This 

bill, however, does not provide that it shall go back there, but it mn,y 

go down into Virginia. The object is undoubtedly tha,t it shall come back to the place where it began when the Baltimore ancl Ohio Railroad gets the control of it, as I hope it will in time; for I think it 

would bo better for that road to control it than to have an independent little corporation h ere. This road is to come into and go through the city of Washington 

and the city of Georgetown. Now, in the cities of the North, where we at an early day improvidently allowed railroads to come, we h ave 

been at great expense and trouble to get them out ide of the cities. 

By this bill it is proposed to shut off the river front of the city, and 

destroy all hope of future commerce here, to destroy the navy-yard 

in part, and the Naval Observatory in whole, and to impairthe inter- ests of the property-holders in Georgetown, and at the same time 

dono good to the city, because starting where they do on the Metropolitan road, they could follow that road down to the Baltimpre and 

Ohio depot. 

Mr. HALE, of New York. The gentleman from Pennsylvania [Mr. 

ScoFmLD] makes, I understand, two objections, or rather two classed 

of objections, to this proposed charter. 

The first is that it is indefinite in its term , providing that it shall go 

"at or near" the foot of certain streets, and he says, and very unjustly 

says, that means that it shall go wherever the company chooses to put 

it. Now, if the gentleman had taken the precaution to read this bill 

before talking about it, he would have een that it does not leave the 

company to go where it pleases, but that the committee, in reporting 

this bill, and specifying the general route, "at or n ear" certain points, 

have carefully provided that the precise route within tho e limits shall 

be determined by the Secretary of War. That is a very different thing 

from a determination by the company, as my friend from Pennsylvania cannot fail to know. · 

So, too, in regard to the injury that will be done to the Naval 

Observatory. If the gentleman had taken the precaution to read the 

bill he would have seen that, even in that respect, the bill is care- fully guarded; that the company is prohibited from building their 

road where it will in any way interfere with or injure the Naval 

Observatory, and that by a proposed amendment that question is to 

be determined by the Secretary of the Navy. 

I submit that gentlemen who are oppo ed to this bill, before they 

criticise its provisions, should at lea t pay some attention to the provisions of the bill itself, and not entirely mistake its scope and effect. 

Mr. SCOFIELD. What I said about tho lan!ffiage of the bill being 

"at or near" I said in passing, not laying much stre s upon it. My 

objection was that it was proposed to allow this railroad to go through 

the whole city, blocking up the water-front. As to the Naval Observatory, l knew very well, for I have read the bill, because, thanks to 

the Housl) adjourning last night, we had an opportunity to rearl. the 

bill before the gag-law was applied to push it through. I know it 

provides that it shall not injure the Naval Observatory. But gentlemen who are conversant with the matter inform me that there i no opportunity for the road to pn.s between the Potomac and the Naval 

Observatory without destroying the Naval Observatory altogether. 

AB gentlemen are well aware, the Potomac River runs compara.tively near the observatory, and I am told that the road cannot run along 

there without destroying the observatory. To provide that the road 

shall go there, and then put on the condition that it hall not injure 

the observatory, will be about as effective as the Pope's bull against the comet. 

Mr. HALE, of New York. We provide that it shall not go there 

except upon the approval of the Secretary of theN avy, on the ground 

that it will not injure the Naval Observatory. If that cannot be 

done, then tha,t is an end of the matter. 

Mr. SPEER. I have been informed by two ·gentlemen on the floor 

of the House, this morning, that the Secretary of the Navy says the 

erection of this bridiTe will destroy the navy-yard; and that he bas never been consulted by the committee in regard to this bill; and if 

he had been, he would have so tatecl. 

Mr. G. F. HOAR. I rise to a que tion of order. I agree with the 

gentleman from Pennsylvania [Mr. SPEER] in regard to this bill, and 

therefore my point of order cannot be considered as in opposition to 

him. I submit tha.t it is a breach of the privileges of this Hou e to 

quote the opinions or statements of any officer of the executive department of the Government for the purpose of influencing the action 

of the House. 

The SPEAKER. The Chair is of opinion that that is not in order. Mr. SPEER. Of course the point of order lies, if made; but I did 

not think it would be raised under the circumstances. I will say 

that it seems to me that upon a bill of this moment the Secretary of 

the Navy should have been consulted. It is singular, to say the least 

of i.t, that this committee should ha.ve reported a bill of this character, affecting, as it docs, Government interest , without first submitting it to the Secretary of the Navy or the Secretary of War. 

It seems to me that the motion of the gentleman from Ma.ssachu- se~ to send tho bill to the Committee of the Whole is eminentlyproper, 

and should be adopted by the House. 

Mr. BUTLER, of Massachusetts. I desire only to send the bill to 

the Committee of the Whole that it may be hilly considered and debated. There need be no haste about this matter. The same gentle- men who are moving in this enterprise hav~ had, I am informed, a charter for another road making a connection between the Point of 

Rocks road and the Baltimore and Ohio road, and have disposed of 

the charter to the latter company. I have not a word to say against 

tha,t. I am very glad they did it. But unless we can debate the 

question fully, I for one am not disposed to give up the power of Congre s over the city of Washington into the hands of any executive 

officer under the hope that he will necessarily do right in the matter. 

Mr. NEGLEY. .The Secretary of the Navy has no officers under his 

command who can perform the duty of making surveys and other 

exa.minations of the channel. 

Mr. BUTLER, of Massachusetts. So far as concerns the purpo es for which we have a n:;~,vy-yard_here, I know, without a-sking the Sec- retary of the Navy or anybody else, that building a bridge over a muddy a stream as the Eastern Branch will fill i.t up. It cannot be 

otherwise; especially where there is not an active commerce by propeller and other vessels to sweep out the stream. Therefore I hope 

the House will adopt my motion to send the bill to the Committee of 

tho Whole, where all the amendments can be discussed, and where we cannot be shut off by the previous question from offering amendments 

which the !Tentleman in charge of this bill may not like. • Mr. RICE. Will the gentleman permit me to ask him one question 

before he sits down T 

Mr. BUTLER, of Massachusetts. Certainly. 

Mr. RICE. I wish to know whether the ~entleman has not himself 

framed a bill which has been introduced mto this House to build a railroad over almost this identical ground f 

Mr. BUTLER, of Massachusetts. No, sir ; I never in my life framed a railroad bill to be introduced into this House. I answer the que - tion with great pleasure. 

Mr. RICE. I thought that I had had such a-bill of the gentleman's 

in my hands. 

1\fr. BUTLER, of Massachlldetta. No, sir; I never introduced such a bill. One was shown to me, but I did not know anything about it. 

1\fr. GARFIELD. I hope this bill will be allowed to go to the Committee of the Whole. We have had one railroad cutting into our public grounds ; and I hope we shall not authorize another-at any rate 

not without full debate. 

Mr. FRYE. Mr. Speaker, I voted "no" on the proposition to lay 

this bill on the table. I did so because I do not like and never did 

like that way of disposing of a measure which has had the careful 

consideration of a committee. In so voting I did not intend to declare 

myself in favor of this bill. 

I have understood that the Insane Asylum grounds have been aJmost 

destroyed by allowing a railroad, under the authority of Congress, to 

occupy the water-front there. I should not dare to vote for any milroad bill allowing such use of other parts of the water-front, without being absolutely certain myself that the experience we hn.ve already had in this matter is not to be repeated.· Hence I,am in favor 

of t he motion of the gentleman from Massachusetts. 

1\1r. E. H. ROBERTS. Mr. Speaker, whatever gentlemen may think 

about the merits of this bill, it seems to me that after the sugge ·- tions which have been made, the least that can be done with refer- ence to the bill is to send it to the Committee of the Whole, where 

it ma,y be more fully considered. I know that a number of gentlemen, who voted against laying the bill on the table, desire now to 

hav further time to con ider it before they are called upon to vote on it. I trn t the chairman of the committee will asl3ent to the ref- erenc of the bill to the Committee of the Whole. 

l\fr. NEGLEY. ~Iy reason for ma.king the motion to lay tbe bill 
1874. CONGRESSIONAL RECORD. 1699 

on the table was that the gentleman having the management of it 

refused to permit even the reading of an amendment ; and I con- sidered that under 1mch circumstances we should force them to some terms. This is a very important measure, one affecting the gravest 

interest.s of the Government, and I hope it will be considered in Committee of the Whole, so as to allow ample room for debate and· amendment. 

Mr. RICE. I have no authority to speak for the entire committee, 

but I will say that I have no objection whatever to the bill going to 

the Committee of the Whole, or anywhere else where it shall be fully 

investigated by the House, and decided upon its merits. 

The question being taken on the motion of l\Ir. BUTLER, of Massachusetts, to refer the bill to the Committee of the Whole on the sta,te 

of the Union, it was agreed to. . Mr. BUTLER, of Massachusetts, moved to reconsider the vote by 

which the bill wn.s referred to the Committee of the Whole; and also 

moved tha,t the motion to reconsider be la,id on the ta,ble. 

The latter motion was agreed to. 

BRIDGE ACROSS THE EASTER..~ BRANCH. 

Mr. ELDREDGE, by unanimous consent, reported from the Committee on the District of Columbia a bill (H. R. No. 2106) to author- ize the construction of a sub tantial iron bridge across the _Eastern 

BmuchofthePotomac, at ornearthepre ent Anacostia bridge; which was read a first and second time, referred to the Committee of tho 

Whole on the state of the Union, and ordered to be printed. 

ORDER OF ·BUSINESS. 

Mr. PACKER. Mr. Speaker, I call for the consideration of the special order. 

The SPEAKER. The gentleman from Pennsylvania [l\Ir. PACKER] 

cbims the floor on the bill for the restoration of the franking privilege; and the gentleman from Illinois, [Mr. HAWLEY,] chairman of 

the Committee on Claims, desires the House to go into Committee of 

4;he Whole on the Private Calendar. · 

Mr. HAWLEY, of Illinois. Upon this question I desire to sa,y one word. Yesterday, as the House knows, was occupied by the Committee on the District of Columbia, after two o'clock. There were but three bills disposed of yesterday on the Private Calendar. I hope now the House will give the remainder of this day to the consideration of the bills on the Private Calendar and make some progress. 

There are quite one hundred bills on the Calendar. Unless we go on with private bills on Fridays and Saturdays we will never get through 

with them during thit> session. 

This is private-bill day as much as Friday, and I hope the House 

will stand by my proposition to go into Committee of the Whole on the Private Calendar rather than take up any other business. 

The gentleman from Pennsylvania, [Mr. PACKER,] chairman of the 

Committee on the Po t-Office and Post-Roads, can go on with that bill 

any time next week, while the business on the Private Ca.lendar can only be attended to on private-bill days. 

Mr. COBURN. I hope the House will agree to the motion of the 

gentleman from illinois. There is a large amount of private business, 

and it is increasing consta.ntly, in the hands of the committees and 

upon the Private Calendar in the Committee of the Whole House. 

There are only about two hours and a half which we will have for an entire week to work at this business. I have no doubt, although 

this is not aa important as the franking bill, it is nevertheless of 

considerable importance. Private bills have received tho attention of 

the committees of the House which ha,vo had them in charge, and I 

think they ought to have f:l.ir consideration by the House. The longer 

their consideration is put off the greater will bo the number of private 

bills to be acted on, and the greater will be the danger of private bills 

having no merit getting through the House in the hurry and con- fusion of the la,st days of the session. I hope the House will not lo e this opportunity and the opportunity we have every week on private bill-days to examine into these private claims. The only way that can be done effectually is to give time for t h eir consideration. If we go to other business to-day we will give only a few hours next week. 

Mr. PACKER. If the House will remember, although the bill to 

which I have called the attention of the House was made a special 

order for last Friday, the Committee on the Post-Office and PostRoads ga.ve way-recognit~\the importance of acting on priva.te bills on private-bill days. I t · it is important for us to dispo e of the 

fra.nking bill, which is the special order, before we adjourn to-day. 

Mr. RANDALL. If I understand the position of the fr:mking bill, 

it stands in the way of everything else, v.nd ought to be dispo ed of, so that other matters of public business may be considered. I this 

private-bill day Y 

The SPEAKER. Saturday is private-bill day, the arne aa Friday; 

but the House is less familia.r with that fact, so few sessions are held on Saturdays. 

Mr. MAYNARD. I will make a suggestion. But a small percenta.ge of private. bills will ever get through under the present system. 

It is therefore a matter of little consequence to private claimants 

whether we consider only three or four per cent. of them or not; be- cause we will have to adopt some other mode, some more efficaciou 

method of disposing of the business than that we now have. I think we had better agre~ to the motion of the gentleman from Pennsylvania., and get his car-load of books out of t"l!e way as soon as possiule. 

Mr. HAWLEY, of Illinois: The same argument may be made in 

reference to any other bill in the House. 

The SPEAKER. The question recms on the motion to go into the 

Committee of the Whole on the state of the Union. 

The House divided; and there were-ayes 74, ·noes 64. 

Mr. HOLMAN demanded tellers. 

Tellers were ordered; and l\fr. PACKER, and Mr. HAWLEY of Illinois, were appointed. 

The House again divided; and the tellers reported-ayes 88, noes 63. 

So the motion was agreed to. 

ABEL W. LEWIS. 

The SPEAKER. The gentleman from Indiana [Mr. SAYLER] desires to withdraw from the files of the House all the papers, except 

the report of the committee, in the case of Abel W. Lewis last before 

the Committee on Claims, which the committee reported back adversely. No objection is made by the chiliman of the committee or the member who made the report. If there be no objection the request 

will be granted. There wn.s no objection; and it wa ordered :wcordingly. 

ENROLLED BILL. 

M!.'. PENDLETON, from the Committ.ee on Enrolled Bills, reported 

that they had examined and found truly enrolled a bill (S. No. 493) 

to establish certain post-routes in the State of Arkansas; when the 

Spea.ker signed the same. 

LEAVE OF ABSENCE. 

Leave of a,bsence, by unanimous consent, was granted to Mr. SHEL- DO~ for ten days, on a-ccount of a death in his family; and also to 

Mr. STORM, for ten days. 

OFFICERS AND CREW OF THE WACHUSETT. 

On motion of Mr. MYERS, by unanimous consent, leave was granted 

for t he 'vithdrawal from the files of the House of the memorial of 

Commodore Collins, for the relief of the officers and crew of the United 

State steamer Wachusett, repOited a-elver ely by the Committee on Naval Affairs; and it wa-s recommitted to the same committee. 

IMPORTATIO:N .AND COINAGE OF GOLD. 

Mr. 'VILLARD, of Michigan, by unanimous consent, introduced a bill (H. R. No. 2107) to encourage the importa.tion and coinage of 

gold; which was read a first and second time, refeiTed to the Committee on Coinage, Weights, and Mea-sures, and ordered to be printed. 

SURVEYS O:N UPPER MISSI SIPPI RIVER. 

The SPEAKER laid before the House a letter from the Secretary 

of War, in answer to a resolution of the House of February 13, 1874, 

in relation to the surveys made on the Upper Mississippi River, 

between Minneapolis and Saint Cloud; which wa referred to the 

Committee on Commerce, a.nd ordered to be printed. 

PROCEEDS OF CAPTURED AND ABANDONED PROPERTY. 

The SPEAKER also laid before the House a letter from the Secreta.ry of the Treasury, in answer to a resolution of the House of January 16, 1 74, in relation to the amount of money paid into the Treasury of the United States arising from cotton and other captured and 

abandoned property · which wa referred to the Committee on Appropriations, and order ed to be printed. 

YELLOWSTONE PUBLIC PARK. 

The SPEAKER also laid before the House a letter from the Secreta.ry of the Interior, transmitting a draught of an act amendatory of 

:md supplementa.ry to the act entitled "An act to set apart a- certain 

tract of land, lying near the head-waters of the Yellowstone River, as a public park;" which was referred to the Committee on the Public 

Lands, and ordered to be printed. 

LOST ARMY CLOTHING. 

The SPEAKER also laid before the House a letter from the Secretary of War, in relation to clothin~lost by the enlisted men of Company F, Third United States Cavarry, during the flood in Blackwood 

Valley, on l\Iay 31, 1873; which was referred to the Committee on Military Affairs, and ordered to be printed. 

NATIONAL SA VING8-BA..l"'rn:. 

The SPEAKER also laid before the Hou e a letter from the treas- urer of the National Savings-Bank, transmitting his annual stat.ement of said bank for the year ending Dec~mber 31, 1873, in compli- n.nce with the act of May 24, 1 70; which wa.s referred to t.he Committee on Ba.nking and Crn:rency, and ordered to be printed. 

EASTERN AND WESTERN TRANSPORTATION COMPANY. 

Mr. HURLBUT, by unanimous consent, from the Committee on Railways and Canals, reported a bill (H. R. No. 2108) to incorporate 

the Eastern and Western Transportation Company; which was read a first and second time, ordered to be printed, and recommitted to the 

Committ.ee on Railways and Canals, not to be brought back by a. motion to reconsider. 

AMERICAN SHIP TRANSPORTATION ASSOCIATION. 

Mr. HURLBU'r also, by unanimous co:n,sent, from the Committee on Railways and Canals, reported back the memorial of the American 

Ship Transportation Association; which was ordered to be printed, 

and roc J:Wnitted to the same conunittee~ 
1700 CONGRESSIONAL RECORD. FEBRUARY 21, 

LOUISVILLE CUSTOM-HOUSE. 

Mr. STANDEFORD, by unanimous consent, introduced a bill (H. 

R. No 2109) for the protection of the United States custom-house in 

the city of Louisville, Kentucky; which was ren,d a first a.nd second 

time, referred to the Committee on :Public Buildings and Grounds, and 

ordered to be printed. 

COMMERCE WITH FOREIGN COUNTRIES. 

Mr. WHEELER, by unanimous consent, from the CommittP-e on Commerce, reported back a letter from the Secretary of State, transmitting, in compliance with the acts of .A.u~ust 16, 1842, and August 

18, 1856, a report upon the commercial relat10ns of the United States 

with foreign countries for the year ending September 30, 1873 ; and 

moved ·that the same be printed, and recommitted to the Committee 

on Commerce. 

The motion was agreed to. 

IMPROYEMENT OF THE MISSISSIPPI RIVER. 

Mr. STONE. I ask unanimous consent to introduce, for reference 

to the Committee on Rail ways and Canals, a bill for the improvement 

of the mouth of the 1\fi sissippi River. 

Mr. CONGER. That bill should go to the Committee on Commerce. 

Mr. STONE. I ubmit t hat the proper reference is to the Committee on Railway~ and Canals. 

The SPEAKER. That depends on where the papers heretofore presented relating to this subject now are. There is no necessity for having the same subject before two sep:l.rate committees. 

Mr. CONGER . .All the papers regarding the improvement of the 

mouth of the Mississippi have been referred to the Committee on Com- merce. All papers relating to t he Saint Philip Canal have been re- ferred to the Committee on Railways. and Canals. I understand that 

this bill relates to the improvement of the mouth of the Mississippi 

River. Mr. STONE. I desire to havo the bill referred under the rules of 

the House. 

The SPEAKER. The bill can only be introduced and referred by 

unanimous consent; and the gentleman from 1\fichigan [Mr. CoNGER] 

objects. ¥r. STONE. I withdraw the bill. 

DISTRIBUTION OF PUBLIC DOCUMENTS, ETC. 

Mr. STORM. I desire to give notice that I shall offer, when in order, 

the following amendment to the bill (H. R. No. 825) in relation to the 

distribution of public docUID,ent , &c. : · 

Strike out of the bill oJl the sections except the third. 

Mr. BUCKNER. I also desire to give notice of an amendment to 

the same bill. 

The SPEAKER. Does the gentleman desire to have it printed¥ 

Mr. BUCKNER. I do not. 

The SPEAKER. Then there is no necessity for introducing it now. 

DISTRIBUTION OF SEEDS AND PRINTED DOCUME..."'ITS. 

Mr. HAYS, byunanimousconsent, introduced a bill(H.'R.No. 2110) 

to providefor the distribution of seeds arnd printed documents by the 

.A.gricultura,l Department; which was ren.d a first and second time, re- ferred to the Committee on the Post-Office and Post-Roads, and ordered 

t o be printed. PRIV A.TE CA..LENDA.R. 

The House then pursu.mt to orde~, resolved itself into Committee of 

t he Whole House on the Private Calendar, (Mr. ORTH in the ch:lrir.) 

JAl\IES DE LONG. 

The CHAIRMAN. The committee resumes the consideration of the 

bill (H. _R. No. 52?) fo~ the roJief of James DeLong. The bill was laid aside, to be reported to the House with t he recom- mendartion thn.t it be passed. 

HENRY S. WELLES. 

The next business upon the Privn.te Calendar was a bill (H. R. No. 

1759) for the relief of HenryS. Welles. 

rr:~e bill directs the Secreta.:y of War to pay Henry S. Welles $1~..,,132 96, out of any moneys m the Treasury not otherwise appropnated, for expenditures mn.de by him under his contrn.cts of Ma.y 1 

and :J'uly 5, .1A66~ for removin~ obstructions from the Savn.nnah River, 

and rmprovmg tne harbor, prwr to the date of the n.unullment of sn.id con~acts by the Secreta.ry. of the TreMury, being the amount found 

due m t he settlement of h1s account as authorized by the Secretary 

of Wa.r. · 

Mr. CONGER. I .move to amend the bill by striking out at the c1_ose the words "bern~ the amount found due in the settlement of 

~ .accounts a.s authonzed by the Secretary of War," and inserting m hen thereof the words, "which said sum hall be in full satisfaction 

to said Welles for all claims referred to in the report and recommen- dn.tion ?I the Secreta~ of War." . I desrre to state bnefly the chamcter and object of this bill. The a~~ndment w.hich I h:1.ve proposed is merely verbal, making the more distinct the purpose of the bill. The report which will be read t o the 

House will show that shortly aft,er the war the Secretary of the Treasury entered into acontract with Mr. Welles to remove obstructions 

in tho river at Savannah, Georgia, in order to enable the commerce of 

that place to be carried o:q by tbe riyer. B;v the contract 1\fr. Welles 

was to receive as compensation for the removn.l of such obstructions 

certain property which had been sunk in the river during t he war w prevent any vessel from coming up the river and atta.cking the city 

of Savannah. Mr. Welles gave to the Government a bond of $50 000 

for the performance of his part of tille contra{Jt. ' 

The contract continued for some four years, with an expenditure. 

on the part of Mr. ll~ , in mon~y, labor, an?- material, amounting 

to about 250,000. Durrng that trme he received as compensation 

from the s::Me.s of the property recovered, sunken v~s els n.nd things of 

that descnption, the sum of $40,000. Just n.t the time when the main. obstructions in the harbor had been removed, and navigation, had! 

been openeu to the city, before Mr. Welles had yet reached any o:fi the sunken vessels which contained iron n.nd other va,luable materin.l 

from which he was to receive his compensation, the legal officers of 

the Government notified the then Secretary of the Treasury thn,t this 

contract, which had been ma-de by Mr. McCulloch, the former Secret ary of the Treasury, had no authority o_f law, n.nd that it must be . annulled; consequently the contract was annulled, and Mr. Welles 

while in the performance of it, with aJ.l the material on hand for ful~ :filling the contra{Jt, with his vessels, sten.mbon.t, diving n.ppamtus 

rn.fts, and :floats, was compelled, at a. moment's notice, to stop his work. 

He had received, as compensation for the expenditure of $250 000 only 

the $40,000 mentioned in the report. ' ' 

I am instructed by the Committee on Commerce to say to the House 

after a. careful investigation of this subject, that t he work performed by 

1\Ir. Welles was of that character which the Committ ee on Commerce 

u?-der the r~commendation of the Engineer Department, have pro~ VIded for bemg performed upon other harbors ever since the war closed, ~g ap~ropriations of money out of the Treasury for that 

purpose. Smoe this contmot was closed, the first year after it was annulled, the Committee on Commerce in their bill for river and harbor n.ppropriations re_ported 0,000 to continue the work. And in 

their last bill another 50,000 wa.s appropriated to continue the work 

which had been commenced and carried on by Mr. Welles. And the 

Committee on Commerce this year, under the recommendation of the 

Engineer Department, will ask the House to make a still further 

appropriation to complete and finish that work. 

. 1\-Ir. HO~l\I.AN. As the C.o~ttee on Commerce have largely predwated therr recommendations m reference to this case upon the 

report made by the engineer hn.ving charO'e of this work I would 

suggest to the gentleman from 1\fichigan [1\Ir. CONGER] that a. few 

paragraphs of the report of thn.t engineer should be submitted to 

the committee, so_ that tille ba is of the action of the Committee on Commerce may be known to the House. 

M:r. CONGER. I propo e to have the report read-the whole of it. 

I desired, however, as this bill recommends the appropriation of 

193,000, to bespeak in advance of the reading of the report the 

attention of members to it, so that when it shall be read (and I believe it contains a. full statement of the case in n.ll its detn.ils) it will 

receive the attention of every member of the committee. Therefore 

if they will listen to the reading of the report, they will see what i~ the character of the bill, and what appropriation is required, and 

will be able to decide upon its justness and propriety. It was for 

that rea-son, and that only, that I sought to make a few introductory 

re1lU1l'ks before I asked the Clerk to read the report of the Committee on Commerce on this bill, which 1 now send to his desk. 

The Clerk ren.d the report, which was as follows: 

Th_e CommitteeonComm.~ce, to wJ10m was referred the bill (H. R. No. 823) "to 

proVIde paym!illt for clea.rmg t.he nver and harbor. of Savannah, Georgia, of obsfl'uctlons dunng the years 18 and 18 , together With the accompanying :petition 

of Mr. HenryS. Welles, and contracts of the Secretary of the Treasury With said" 

Welles, letter of the Secretary of the Treasury annul.l.fug said contracts and Executive Document No. 123, Fortieth 9ongress, second session ; also, correspondence 

of the Secretary of the Treasury With Mr. Welles and other parties, together wit .b. 

report of the Secretary of the Treasury and report of the Secretary of War in answer to a. call for information from the Committee on Commerce of the Senate of 

the Uniped StJ.tes in reference to said petition, respectfully report : Tha,t m May, 1866, the Secretary of the Treasury made a contract with HenryS. Welles, and in July following sain contract was modified. 

The contra-ct was for removing certain artificial obstructions placed in the river 

and harbor of Savannah, Georgia, to prevent vessels of the United States from 

approaching the city of Savannah, and consisted of sunken vessels a floating dry- dock sunk, cribs filled with stone and bricks, &c. ' 

These obstructions are shown upon a Coast Survey chart made in 1865 by the 

United States. Mr. W elle proceeded to roliill the conditions of his contract, and gave bonds in 

the sum of $50,000 for faithful performance of the same, and continued until January, 1870, when the Secretary of the Treasury, without notice and without claiming any failure upon the part of Mr. W elles, but solely because the law officers of 

his Department n.dvised him there was no !l.uthority upon the part of the Secretary of the Treasury to make such contracts, nnnulled the contract. 

of ~e~al!ri"J o; :~Jr~~~~c~~~ ~~~~~ceivehis pay from the proceeds 

He was compelled by the exigencies of commerce and correspondence of the ec- retary of the Treasury and his ao-ents to confine his efforts to. the opening fUIIcl 

widening of the m::rin chann ~ an'a not allowed to take up the dry-dock :uld the iron-clad" vessels that did not lie directly in the main channel, which n.t that time were of great value if they were raised, and h e was so k ept at work in the main channel until the annulment of the contract, in January, 1870. 

Thus, from an error in or v ant of authority of the Secr etary of the Treasury :lllf1 

from other reasons hereafter r eferred to in -the r eport from the War Depa~ nt, Mr. W elles hv.s becom.e a great lo er, while t.he Government :Ul6 the gainers• by ll.ia 

losses. · Mr. W elles, under this state of the case, with no contract, had no other recourso, but an appeal to Congress, setting forth his expenses and receipts under the orders 

of the Secr etary of the Treasury, and ask payment for actual expense and disbursements. H e applied· by pet.i.tion to Congress in December, 1872, and. his petition was r eferred to t,b.e Secretary of the Treasury by the Committee on Commerce of 
1874. CONGRESSIONAL RECORD. 1701 

the United States Senate; and the following report from the Secretary of the Treas- ury was received by said Senate committee: 

TREASURY DEPARTMENT, 

Washingt,on, D. C., Febr-uary 4, 1873. 

Sm: It appears from the records of Uris D eparlment that on the 1st day of May 

and the 5th day of July, 1866, two contra.cts were made by the Secretary of the 

Treasury, acting under the captured and abandoned property oots, with one Henry 

S. Welles, to remove the following wrecked property: 

1st. The wreck lpiown as the Savannah. 2d. The wreck known as the Ogeechee. 

3d. The wreck known as the Georgia, or the ladies' ~un-boat. 

4th. The wrecks of vessels sunk below the obstructions. 

5th. The dry-dock sunk in Saint Augustine's Creek. 

6th. The wrecks sunk near Fort Pulaski; and such other wrecked vessols as may be discovered in and near the river and harbor of Sa.v:umah. And also to remove all cribs, piles, boats, scows, vessels, and other property that obstruct the channel 

of the Savannah River. And that said contracts were o.nnulled by me on the 18th day of January, 1870. 

If Mr. Welles ha-s expended more than he ha-s received for improving the harbor 

under his contracts, I know of no authority to adjust and pay the same, except tho 

authority be granted by Congress. . In this connection, I transmit herewith Executi>e Document No. 123, Fortieth 

Congress, second session, being a letter from the Secretary of the Treasury in answer to a resolution of the Rouse of Representatives re11.tiive to obstructions in 

the Savannah :River. 

The petition inclosed with your letter of the 24th ultimo is returned herewith. 

Very respectfully, GEO. S. BOUTWELL, 

Secretar'lj of the Treasu'T'Ij. 

Ron. Z. CHANDLER, 

Chairma;n Committee on Commerce, United States Senate. 

Whereupon the said Committee on Commerce of the Senate reported a bill unanimously to pay Mr. Welles. The said Senate committee also sent said petition to the Secretary of War for a r eport, and during the interval of time between the last 

Congress and the present the War D eparlment have given the matter full and care- ful considerationand investigation, and adjusted the amount due Mr. Welle , and 

made the following report and recommendation: 

[Senate Executive Document No.5, Forty-second Congress, first session.] 

Letter from the chief clerk of the War Departn"tent, in relation to the application 

of HenryS. Welles for compensation for removing obstructions from the harbor 

of Savannah, Georgia. ' WAR DEP ABT.MENT, 

Washington, December 8,1873. 

Sm: In response to the letter of the chairman of the Committee on Commerce of 

the United States Senate, dated .January 16, 1873, inclosing the petition of Henry 

S. Welles, praying compensation for r emoving obstructions from the harbor of Savannah, Georgia, and reque ting information in relation to the matter, I have the 

honor, in the ab ence of the Secretary of War and by his direction, to transmit let. ter of the Chief of Engineers of the 4th instant, inclosing copy of report of Mn,jor Q. 

.A.. Gillmore, Corps of Engineers, the officer in charge of the improvement of Savannah Harbor, dated November 14, 1873, and accompa.nyin.,.papers. 

Major Gillmore was prevented by ab ence on other du'g from giving the subject 

of Mr. Welles's petition the attention it seemed to demand' prior to the adjournment 

of Congress. 

The report now transmitted, it is believed, will furnish all the information desired by the committee. 

Very respectfully, your obedient servant, 

The PRESIDENT United Stat& Senate. 

H. T. CROSB~ 

Ohief ulerk. 

OFFICE OF THE CHIEF OF ENGINEERS, 

Washington, D. 0., Decemb'l'T 4, 1873. 

SIR: The letter of the chairman of the Committee on Commerce of the Senate of 

the United States, dated January 16, 1873, inclosing petition of Henry S. Welles, 

for compensation for removing ob tructions from tlle harbor of Savannah, andre-

~~=a.informa.tion, &c., referred to this office for report, is herewith respectfully 

The letter was referred to Major Q. A. Gillmore, Corps of EuO'ineers, the officer 

in charge of the improvement of Savannah Harbor, and a copy of 'his report thereon, 

dated November 10,1873, is hereby submitted. 

Major Gillmore appears to have ~ven the subject close attention, and it i believed 

that his report will furnish all the information desired by the committee. 

Very respectfully, your obedient servant, · 

A. A. HUMPHREYS, Brigadier-General and Chief of Engineers. 

Hon. W. W.BELKNAP, Sccreta'T'Ij of War. 

UNITED STATES ENGINEER OFFICE, New York, November 10, 1873. 

GENERAL: I have the honor to return herewith the paper relating to the petition 

of HenryS. Welles for compensation for removing wrecks and obstructions from 

the Sa.vannlth River, Georgia, under his contracts with the Treasury Department, 

which papers were referred to me for report January 2-2 1873. · Owin.,. to my absence at the time on duty in the South, and my consequent inability to obtain access to Mr. Welles's records and accounts, it was impra<Jticable for me to give the subject the attention it seemed to demnnd and render :1.report before 

the adjournment of Congress. Att~ntion is respectfully invited to the papers herewith transmitted. The "extroots" and "copies" I have compared with the original papers in Mr. Welles's 

possesssion, and have found them to be correct. 1. Printed memorial. (ma.rkecl A,) containing copies of original contracts, dated 

May 1, 1866, antl July 5, 1866, and copy of original letter of the Secretary of the 

Treasury, dated January 18, 1870, declaring srud contracts null and void. 

2. Printed "brief," (marked B,) containing extracts from the correspondence be- tween :Mr. Welles and the Secretary of the Treasury, and from the r eports of the 

agents appointed by the Secretary of the Treasury to make inspections from time to time during the :{lrogres of the removal of the obstructions. 

3. House Executive Document No. 123, (ma.rked C,) being a letter from the Secretary of the Treasury, in answer to a resolution of the House relative to the obstructions in the Savannah River. 

4. Letter of the Secretary of the Treasury, dated F ebruary 4, 1873, to the chair- man of the Senate Committee on Commerce, (marked D.) 5. Printed statement (m'll'ked E) of Mr. W elles's expenditures, in detail, accom- panied by the affidavit and certificates of his superintendents and extracts from 

tho accounts rendered by them to Mr. Welles1 showing the earnings of the wrecking equipment and proceeds of sales of materials recovered. 

From these papers it would appear that Mr. Welles entered into contracts with 

the Treasury Department to remove certain .O.esignated•wrecks, cribs, and othe.r 

sunken obstructions from the Savannah River, and that these contracts were based upon the Coast Survey chart, made in December, 1865. This chart shows nine ves- sels to be r emoved, beside the dry-dock and single line of sixteen cribs at the main 

line at tlle bead of Elba I land. I know, from personal observation, that there was a double line of cribs at this point, and that there had been removed forty crib in 

all most of them being from this main line of ob tructions. Twelve cribs remained 

when Mr. Welles's contractwa annulled, January 18, 1870, which have been re moved under my supervision within the past year. In addition to the forty cribs, I am con\inced by personal observation and investigation that about one hundred and fifty piles, many iron-shod snags, and a num- ber of torpedoes, were taken from the channel by the contractor. Instead of nine vessels, a shown on the Coast Survey char from twenty-seven to thirty were SUlik at llifferent points in the river. :Mr. Welles removed over twenty of these, and seven remained to be r~moved when his c~mtract was annulled. 1n effecth1~ _the removal of these obstructions Mr. Welles claiDls to have expended 

$233 235.73, tills amount being chru·ged in detail in the printed account of expendi- tures marked E. In support of this claim Mr. Welles presents his labor receipt. books, his accounts- current, as rendered by his superintendent, Mr. Willink, and the affidavit of Mr. Willink and certificates of Mr. Woodward. 

The books and a ccounts have been carefully examined and I find thatth monthly accounts for labor agree with the charges in the printed statement. upcrintendent 

Woodward appears to have taken proper receipts for all amounts paid by him on this account, but unc1Pr Mr. Willink's superintendence no signatures were taken in 

the time-book po sibly for the reason that but few of the employe could write. From my pe~onal knowledge of the amount of work done, I feel sati fied that in 

this particular the account i correct. The cbar~es for the sub istence of employes I believe t.o be reasonable. The 

charge for ' wrecking equipment," which forms so large a proportion of the ag:p:·e- gate, I have not been able to >erify from any account-s in Mr. Welle 's po sess10n. These accounts, it is claimed, were lost with the wrecking steamer when that ves- sel was sunk. Considering, however, that the employes were constantly requirecl to work extra time, the wages paid them appear to be r easonable, and the valu of 

the use of the steamer, lifting vessels, lighters, diving apparatus, &c., seenu; to be 

fairly estimated. Mr. Woodward's certificate and the affidavit of Mr. Willink on these points are submitted with the printed account of expenditures marked E. Both Mr. Woodward and Mr. Willinkarepersonallyknown to me, and areregarded as good authority. Attached to this account, also, is a statement of the several amounts received for 

relieving ves els in distress, and from sale of materials recovered, aggregating 

0,102. 77. These figures are obtained from original accounts-current' with whlch I have compared them and found them to agree. The correspondence between the Secretary of the Treasury and Mr. Welles indi- cates that the exigencies of commerce, as stated by the piiot commissioners and. city authorities of Savannah, ship-masters, and others, r equired the r emoval of the 

cribs, wrecks, and piles at and near the main line of obstructions at Four-Mile 

Point. The contractor appears to have carried on his operations in obedience to the orders of the Secretary, and to have first devoted his attention to the removal 

of the wrecks and cribs which seriou lv obstructed the channel. 

In my opinion, if Mr. W elleA had been required to remove only tho e wrecks and 

cribs shown upon the Coast Survey chart, the proceeds of the wreck of the dry-dock 

and the iron-clads GeortP-a and Savannah would have afforded him a considerable 

profit on the entire worK. Or, if he bad been permitted to complete his contract, 

the proceeds of these wrecks would have enabled him to reimburse himself largely 

for his expenditures on the other more serious, but, to him, comparatively valueless 

obstructions. Tlw.t they were of liLtle value is shown by the remonstrance of tbe mayor and city council of Savannah, referred t.o in the letter of the Secretary of 

the Treasury (printed document marked C,) herewith transmitted, page 17. 

The fa<Jts'of the case seem to be that, in executing in good faith a contract., the 

existence of which was known to Congress, as well as to the Treasury, War, and 

Navy Departments, and therefore a presumably legal one, Mr. Welles accomplished an important public improvement at a heavy personal cost. No default, on his part, is alleged. The annulment of his contract, before he had taken up the most valu 

a,ble of the wrecks, deprived him of the only legitimate means he pos essed under 

it to reimburse himself for money a<Jtually expended by him. In addition, I d~· 

it at least questionable whether the same work could have been done by the Umted 

States at that time, under the contract system or otherwise, at a less cost than that 

incurred by Mr. Welles. I therefore consider his claim for $250,000 a. just one, and recommend its pay· ment. Very respectfully, your obedient serva.nt, 

Q. A. GILLMORE, 

Major of Engineers, Brevet Major-General, U. S. A. 

Brig. Gen. A. A . HUMPHREY , ' Chief of Engineers U. S. A., Washington, D. C. 

Your committee further report: 

Congress would have been compelled to have made appropriations to open this 

channel of commerce, and have made appropriations since the annulment of this centrad to the amount of $1~000, to proceed with the work, and new appropriations are annually granted by \Jongress for the same kinds of works performed by Mr. Welles for the benefit of commerce and navigation. In view of all the facts and investigation, this committee report favorably, and 

recommend the passage of the accompanying bill. 

Mr. CONGER. I hn.ve but one word further to say, unless some further inquiries be mn.de. Thi mn.tter was referred to the Secreta.ry 

of War and the Secretary of the Treasury, that they might stn.te, so far as possible, the account between the parties. The report of those 

officers is embraced in the document just r ead. It shows thn.t, including interest upon the money and the allowance for Mr. Welles's personal services, the sum of 250,000 would be a reasonable allowance. 

The committee, however, thought that they would allow Mr. Welle 

193,132.96, which is the amount found due, without any allowance of 

interest and without any allowance for his personal services. It merely covers his actual expenditures in the service of the Government. The whole n.mount of those expenditures would have beel?-

$233,000 ; but we deduct from that $40,000, which he received as the 

value of property sold by the Government after being raised by him 

from the wrecks in the river. I repeat, that the amount proposed to 

be allowed by the committee covers merely the actual expenditmes 

of Mr. Welles, without any nll.owance for interest or for his personal services. The committee were, I think, unanimous in reporting in 

favor of the bill. 

The amendment was agreed to. 

The bill, as amended, wa ordered to be laid aside to be reported to 

the House with the recommendation that it pass. 
-=-

1702 CONGRESSIONAL RECORD. FEBRUARY 21, 

JOHN T. WATSON. 

The next bill on the Private Calendar was the bill (H. R. No. 1271) 

for the relief of John T. Watson, of Cincinnati, Ohio. 

The bill was read. It authorizes and directs the Secretary of the 

Treasury to pay to John T. Watson, of Cincinnati, Ohio, the sum of 

$3,962, in full compensation for his expenditures and losses in rescuing 

United States officers and soldiers from the disMter of the steamboat 

Sultana, destroyed b~ fire on t he night of April 26, 1865, on the Mississippi River. 

Mr. WILSON, of Iowa. Mr. Speaker, this bill was reported from 

the Committee ou \Var Claims by the gentleman from Connecticut, 

[Mr. KELLOG-G,] who is now absent, and who desired me tohaveitla.id over until next Friday. Mr. L.A. WRENCE. I think that course is not necessary. The mat- wr can be explained by my colleague, [Mr. SAYLER.] 

Mr. SAYLER, of Ohio. I hope the bill will not be laid over, but 

a-cted on to-day. 

Mr. WILSON, of Iowa. I merely expressed the wish of the gentle- ma.n from Connecticut. If the gentleman from Ohio can make the 

necessary explanation, I do not of course make any objection. Mr. SAYLER, of Ohio. I introduced this bill, and have had a. perfect understanding with the gentleman from Connecticut [:Mr. KELLOGG] with regard to it. 

Mr. HOLMAN. I call for the reading of the report. 

The Clerk read as follows: 

The Committee on War Claims, to whom was referred bill H. R. No. 1271, for the 

rehef of Captain John T. Watson, of Cincinnati, Ohio, praying compensation for 

expenditures and lossM in rescuing United State soldiers ttom a steamboat disas- ter by fire on the Mis~:sissippi River, on the night of the 26th of April, 1865, make the 

following r eport : The claimant was the owner and ma..'lter of the passenger-steamer Bostona., of four 

hundred and fifty tons burden, navigating the Mississippi and its tributaries, newly 

repaired and furnished in 1865, and insll.l"ecl for $25,000. 

During said night the Bostona, with officers, crew, and passengers, fully freighted, 

and commanded by the claimant, when off sixteen miles from Memphis, on her reg- ular trip from Cincinnati to Vicksburgh, discovered t he steamer Sultana on fire near the Arkansas shore . • The claimant directed his steamer to the relief of the burning vessel, which had collapsed a :due, was burning to the wat-er's edge, and endan- gering the lives of two thousand soldiers, who h..'l.d very improperly been furnished 

transportation by this boat at Vicks burgh. For the next tillrty -six hours the Bo'ltona was a~~d in rescuing these soldiers, 

ministering to them and taking; them into hospital at .lllemphis. There were saved, 

by the humane efforts of Captain Watson, about three hundred and fifty officers and men. These sufferflrs were in all stages of sickness and exhaustion, and nothing was withheld by the claimant for their pre ervation and comfort. A particular account of the disaster and of the conduct of the Bostona is prop- erly r elated, under oath, by Mr. Ames Fisher, the clerk of the boat, and a man of 

character and reputation. Mr. Fisher state : "Very soon after midnight on the morning of April 27, we saw a steamboat on fire 

in the river below us ; we were then, I suppo e, a dozen or fifteen mile above Mem- phis, bound clown the river with a cargo of freight and a few passengers; the Boa- tona was run near the burning steam boat; we found that she was the Sultana; the water for a long distance all around her was as light as day, and thickly dott.ed 

with beads of human beings ; we all set to work to try to save as many as we could. I learned from some of those saved, that there wore about twenty-two hundred peo- ple on the Sultana when she took fire, and that most of them were exclu.tnged 

Federal prisoners, that bad been taken on the Sultana at Vicks burgh. The Bos- tona first :floated down with the current, and everybody on her tried to save the 

drowning men; I myself took off several doors and shutters and threw t.hem to persons m the water; a great deal of loose stuff was thrown overboard; when we could see a chance to saveaman's life we threw him anything we could get bold of; a little ltfter daylight we hati floated down to Memphis; as fast as we ~ot tbe men out of the water we helped them into the cabin, gave them a gill of spirits and some hot coffee; we put some into the state-rooms and others on the cabin :door; some were badly scalded and m::mgled; Mr. Stephens anu some other persons band.lged 

tho scalded men with flour and water to keep the air from their burns ; all of them, I believe, were as well taken ca.re of a circumstances would permit; when they came to be taken on shore at Memphis they took with them a great deal of bedding, 

for covering, as most of them were ahnost entirely naked when we took them out of the water ; they took sheets and comforts and blankets ; and a great many of 

the badly scalded and bruised were carried ashore on mattresses; as soon as we landed them all, we went immediately- back up the river again to pick up any that 

might be lodged on jams of drift-woorl., or in the bushes on the shore, the water at the time being over the banks; we got back to Memphis a litt.le after noon, and 

discharged our second load ; I think we must have saved some three or four hundred in au. "TbeBostonalostagreatdeal in the shape of doors blinds, stagina--planks, bucket 

planks, wood, hay-bales, rigging cut up, &c., &c.; Jso, in dama e~ the cn.bin car- pet and furniture ; al o, in mattresse , pillows, and bed-clothes; the mattre seR were all cotton mattres ·es, I think ; the boat's furniture was new, and cotton was very high; I do not think any bedding that was taken ashore was ever brought 

back ; the men that could eat were fed; and when we got through wit.h landing the 

last of the men, the Bostona was .not in a fit conclition to proceed" on her voyage, and 

Memphis is a very slow place to fit and repair a. boat. " The Boston a herself wa burned some eight or nine months afterward, and all my bills and books were destroyed by the fire, otherwise I could tell very nearly what money was expended in r efitting at Memphis and getting the boat ready to leave 

port a~ain. There were also destroyed by the burning of tl1e Bostona a great many bills or stores, furniture, &c., that bad ileen put on the Bostona at Cincinnati, in 

refitting her for the season's business, shortly prior to her starting on this trip. I cn.nnot ve a very good estimate from memory of the value of tJrings lost and ex- pended in r escuing those men from the Sultana, but I give approximately some of 

the items of loss. The Bost{)na. lay in Memphis after the accident not less than seven days. " The claimant estimate his expenses in this tran :tetion at $5,437.20, and applied to the staff-officers of General Washburn, commanding at Memphis, for payment; ·but they declined for want of n.uihori~ to make such a disbursement, ana beincr ~sg~l~tx~cuniary circumstances then, e took no furt.b.er steps toward collecting 

Since that time, however the claimant has become bnnkrupt bv the total loss of 

his property in the <lestructJ.On of his own steamboat, and is now broken down in 

health, unable to labor for a livelihood, and, therefore, asks for the payment of this ~- . In considerntion of these facts, the committee are of opinion that they ought to recommend the appropriation of a reasonable sum, in recognition and payment of 

these servi.ces, and do recomm~p.d the sum of $3,962, and for that purpose report back the bill and recommend its paasage. 

The bill was laid aside, to be reported to the House with the recom- mendation that it pass. 

EDWARD SAVAGE. 

The next bill on the Private Calendar was the bill (H. R. No. 1763) 

to permit Edward Savage, of Minnesota., to enter one quarter-section 

of the public lands, or any legal subdivision of the same. The bill was read. It authorizes and allows Edward Savage, of 

Minnesota, to enter one quarter-section of the pn blic lands within 

the State of Minnesota, or any legal subdivision of the sa.me, under 

the general or soldiers' homestead law, or under the act approved 

March 3, 1873, entitled" .A.n act to encourage the growth of timber on western prairies." 

The bill was laid aside, to be reported to the House with the recom- mendation that it pass. 

EPHRAIM P. SHOWALTER. 

The next bill on the Private Calendar was the bill (H. R. No.1768) 

for the relief of Ephraim P. Showa.lter. The bill was read. It recites iu the preamble that Ephraim P. 

Showalter was drafted into the service of the United States on the 

26th day of September, 1 64, for the period of one year; arid on the 

18th da.y of November, 1 64, was mustered into the service of the 

United States, in Company D, Thirtieth Regiment India.na Volunteer 

Infantry; that on or about the 2d day of December, 1864, he furnished, and caused to be mustered into the service of the United 

States, a substitute for two years, paying therefor the sum of $1,000; 

that notwithstanding the furnishing of this substitute he was h eld to 

service until the 23d da.y of June, 1 65. The bill therefore authorizes and directs the Secretary of the Treasury to pay to Showalter 

the sum of 500, out of· any money in the Trea-sury not otherwise 

appropriated, which is to be in full for his claim for said substitute. The bill was laid aside, to be reported to the House with the recom- mendation that it pass. 

ISSUE OF CLOTHING TO ENLISTED MEN. 

The next business on the Private Calendar was the joint resolution 

(H. R. No. 53) authorizing the issue of clothing to certain enlisted men of the Army. 

The joint r esolution wa read. It authorizes the Secretary of War 

to issue to the enlisted men of Company I, Second Regiment United 

States Cavalry; Company H, Ninth Regiment United States Infantry; 

and Company E, Third Regiment United States Cavalry, clothing in 

lieu of, and equal in amount to, that lost by them or rendered unfit 

for further use by their efforts to extinguish and prevent the sprea-d 

of the fire which occurred at Fort Sanders, Wyoming Territory, on the 23d day of April, Hl73, as shown and· recommended in the report 

of the board of survey. 

The bill was laid aside, to be reported to the House with the recom- mendation that it pass. 

LUCIUS A. ROUNTREE. 

The next bill on the Private Calendar was the bill (H. R. No. 363) 

for the relief of Lucius .A.. Rountree. 

The bill .was read. It directs the Secretery of War to cause to be 

paid to Lucius .A.. Rountree the full pay and emoluments of a .first 

lieutenant of infantry of Company .A., Forty-sixth Regiment of Missouri Volunteers, from the 13th day of September, 1 64, to the 3d clay 

of December, 1864, dedu,.ting therefrom any amount he ma.y have 

received, as an enlisted man, during the time specified. The bill was laid aside, to be reported to the House with the recom- mendation that it pass. JAMES LONG. 

The next bill on the Private Calendar was the bill (H. R. No. 368) 

for the relief of James Long. 

The bill was read. It directs the Secretary of War to cause to be 

paid to James Long the full pay and emoluments of a. second lieu- tenant of infantry of Company .A., Forty-sixth Reuiment of Missouri 

Volunteers, from the 13th day of September, 1864', to the 3d day of 

December, 1864, deducting therefrom any amount he may have re- ceived as an enlisted man during the time specified. The bill wa-s laid aside, to be reported to the House with the recom- mendation tha.t it pass. WILLIAM E. CHILDS. 

The next bill on the Private Calendar was the bill (H. R. No.1779) 

for the relief of William E. Childs. · The bill was read. It recites in the preamble that a commission as first lieutenant was issued by the governor of Ohio, ou J aiJ.uary 18, 1855, 

for William E. Childs, a hospital steward in the Fifty-fifth Regiment 

Ohio Veteran Volunteers; that Childs, by reason of being on duty with 

hi regiment in General Sherman's campaign, from Savannah, Georgia, 

to Goldsborough, North Carolina, from January 10, 1865, to March 20, 

1855, was unable to receive his commission and be mustered a-s a com- mi ioned officer until larch 25, 1865, and failed to come under the 

provision of the fourth section of the act of 1\farch 3, 1865. The bill 

therefore directs the Paymaster-General to pay to William E . Childs, 

out of any money appropriated for the pay of the Army, the thl'ee 

months' pay proper of a first lieutenant of infa.ntry provided by the 

fourth section of the act of March 3, 1865, the same as if he had been 

mustered at the date of the passage of said act. 

The bill was laid aside, to be reported to the House with the recom- mendation that it do pass. 
1874. CONGRESSIONAL RECORD. 1703 

CAPTAIN A. B. DYER. 

The next business on the Private Calendar wa the bill (H. R. No. 

498) to settle the accounts of Captain A. B. Dyer. 

The bill was read. It directs the proper accounting officers of the 

Treasury to allow Captain A. B. Dyer, now brigadier-general n.nd 

Chief of Ordnance, in settling his accounts, the sum of $~,853.42, n.nd 

such outstanding checks as may hereafter be pn.id by the Treasury 

Department and charged to his n.ccount, the whole uot to exceed the sum of $11,709.29, that being the amount deposited to his credit in the 

United States depository at Norfolk, Virginia, in April, 1861, as certified by the Assistant Secretary of the Treasury, anu transferred by the 

depository to the rebel authorities n.t Richmond. Mr. HOLMAN. I call for the reading of the report. 

The Clerk read as follows: 

The Committee on Military .A:ffairs, to whom was referred the bill (H. R. No. 498) 

for the relief of Captain A. B. Dyer, present the following report: 

From the testimony presented to the committee it is shown that the claimant, in 

the spring of 1861, was in co:mma.nd of the :E'ort Monroe arsenal, n.nd charged with 

the disbursement of public moneys on its account, part of which public moneys 

had been pl:teed to his credit by the Treasury Department with the depositru-y at Norfolk, Virginia; th.'l.t he used all proper endeavors to withdraw this money, and 

that his action in the premises was approved by the Secretary of War :tnd the Sec. 

retary of the Tre.<tsury. From the reports on file in thtl Treasury Department it is shown that, on April 

13, 1861, the sum of $11,709.29 was to the credit of his disbursing account on the 

books of the depositary at Norfolk. 

The amount mentioned in \he joint resolution for his relief which pas ed the 

House of Represent.'l.tives on January lti, 1866, was , 778.42, as shown by his check· 

book, but since that date :m outstanding check for seventy.five dollars has been 

paid by the Treasury Department and charged to him, making the amount charged 

against him on the books of the Treasury $9,853.42. The committee are satisfied; by the proofs in the case, that he is entitled to the 

relief asked for, and report the accompanying bill, and r ecommend its pass!lge. 

Mr. HOLMAN. I understand this bill proposes to allow this officei' 

$9,853; yet the report which ha been read states that a bill was passed by this House in a former Congress to pay all of this claim 

except seventy-five dollars. Perhaps some gentleman can explain 

this matter. Po sibly the bill which passed the House may have been 

rejected by the Senate. . Mr. HAWLEY, of Illinois. The gentleman from Georgia [Mr. 

YOUNG] can, I presume, explain this matter. 

Mr. YOUNG, of Georgia. This bill is recommended by all the 

Departments of· the Government havillg any official connection with 

the matter. The Secretary of War, the Adjutant-General, and the 

Auditor having jurisdiction of this question have all a-pproved the 

claim. Testimony is on file bowing that the money for which this man asks to be allowed was in his possession as disbursin~ officer at 

Fortress Monroe ; and by an act of the Virginia conventiOn he was not allowed to pay it over to any United States officer. That amount 

is now charged to the account of Captain Dyer, who is, I believe, in 

very needy circumstances n.nd is now supposed to be on his death-bed. 

He can never pay the amount which is thus charged against him. If 

we refuse to pass this bill the amount thus charged against him will 

simply stand unpaid indefinitely. He has been asking this measure of relief for nine years; and it is a disgrace to the Government that 

relief has not been granted before. 

Mr. HOLMAN. The fact that the granting of relief in this case is 

recommended by the War Department is not stated in the report. If 

the War Department recommends Congress to n.llow this credit in 

favor of this officer, it would furnish perhaps an unanswemble argument in favor or the bill. This loss wa-s SllStained a number of yean; 

ago, and a-ccounts of this kind have generally been long since adjusted. 

If there is any recommendation from the War Department in favor 

of this claim, that this should be adjusted and the credit given to 

General Dyer, it is desirable to have it before the House. Mr. YOUNG, of Georgia. I have already stated that the Ordnance 

Office, as well as the Secretary of War, ha-s recommended the pa sage 

of this bill. It ought to have been passed long ago, and would have been if General Dyer had been able to attend to the business ; but he 

has been so seriously ill as t o be confined to his bed for a long period 

of time. A bill did pass this House for his relief, and was sent to the 

Senate. There is no doubt this is a just case, and this bill ought to be · passed at once. Mr. HOLMAN. I shall not mn.ke further objection; but more informn.tion seems to me would be desirable, if it could be obtained before 

final action was taken on this bill. · Mr. YOUNG, of Georgia. It is all right. I have looked into it and 

examined all the fa-cts. 

The bill was laid a-side, to be reported to the House with the recom- mendation that it do pass. 

JOHN N. NEWMAN. 

The next business on the Private Calendar was a. bill (H. R. No. 

622) for the relief of John N. Newman, late an acting first lieutenant 

of Company B, Ninth Tennessee Volunteer Cavalry. 

The bill, which was read, provides that the Secretary of War be, 

and he is thereby, authorized and directed to place the name of John 

N. Newman on the rolls as first lieutenant of Company B, Ninth Ten- nessee Cavalry Volunteers, from August 15, 1863, to Febrnary2, 1004; 

a.nd that the proper a-ccounting and pay officers of the Government 

shall :Yiow and pay to said Newman the pay and emoluments of a first lieutenant of cavalry during the said time, deducting any sum 

or sums h e may have received on account of military service dming 

the said period. 

1r. HOLl\IAN. Let the report be read. It appears from the report, which was read, that the evidence on file shows that J ohn N. Tewman, t he petitioner, served a-s a first 

lieutenant of Company B, Ninth Tennessee Calvary, from the 15th 

day of. August, 863, to. the 2cl clay of February, 1 64; that he was recogmzed by his supenor officers and the men as such officer durino· the time aforesaid, and performed all the duties and incmred all tb~ OXpellBe of such office. The proof on file shows, further that this company was mustered in on th~ s~id 15th day of August, 1 63, and T~omas. ~· Nerthern w.a-s commiSsioned as second lieutenant; aull 

tb1 petitioner, a first lieutenant of t he company, is borne upon the 

rolls as " absent on recruiting service; ' and no commission issued nor was there any mustered fir t lieutenant of said company, nor' any 

other person acting and performino- the duties of fir t lieutenant 

until the said 2cl day of Febrnru·y, l864. The committee are· there~ fore of opinion that the said J ohn N. Newman is entitled to t.he pn.y 

and emoluments of a first lieutenant of calvary from the 15th day of 

August, 1l::l63, to the 2d day of F ebruary, 1864, and recommend 'the passage of this bill. 

The bill was laid aside, to be reported to the House with the recom- mendation that it do pass. 

JONATHAN L. MANN. 

The next business on the Private Calendar was a bill (H. R. No. 

1770) for the relief of Jon a than L. Mann, late a chapln.in in the volunteer ervice of the Army. 

The bill, which was read, provides that the Adjutant-General of the 

United Stat.es Al'my be, and he is thereby, directed to muster back 

Jonathan L. Mann, chaplain Ninth Tennessee Volunteer Cavalry, to 

October 28,1863; and that the Paymaster-General of the United States 

Army is thereby directed to pay to Jonathan L. Mann, late chaplain 

Ninth Tennessee Volunteer Cavalry, out of any money appropriated, or that may be appropriated, for the pay of the Army, the full pay and 

emoluments of a chaplain of volunteer cavalry in the Army of the 

United States, from the 28th day of October, 1863, to March 24, 1865, 

deducting therefrom any sum received by him for services rendered 

during said period in the Army of the United States. 

Mr. HOLMAN. I ask for t he reading of the report. 

It appears from the report, which was read, that on the 28th of October, 18tJ.3, he was appointed by the colonel of the Ninth Tennessee 

Cavalry chaplain of the regiment, and went on duty as such, and so continued until the 24th day of March, 1865, at which time the regiment was consolidated with the Eleventh Tennessee Cavalry. The regiment was not organized 1m til the latter part of September, 

1 64, and on the 25th of September, 1864, he was commis ioned chaplain by tho governor of Tennessee. On the 26th of November, 1864, 

the officers of the regiment ent a petition to the ecretary of War 

asking that the date of his muster as chn.plain ue fixed on the 28th of 

October, 1863, on the ground that he bad "faithfully discha.ro-ed the 

duties of chaplain in this regiment from that date up to the date of 

the petition, without any kind of pay, emoluments, or compensation 

whatever." 

It is a matter of history, as well as proof in the case, that the organization of the regiment was delayed from mon~h to month until the 

25th of September, 1864, when it was completed. The chaplain was not at fault for this delay, but did his duty, which was just as oner- ous under the circumstances as if the regiment ban been or<Yanized 

fully. His presence with t he troops, his absence from home, hls faithful service, and the iiTegularities attending the organization of Ten- nessee Union regimen ts in a State aftlicted with rebellion, are matters 

of fact that give gren.t strength to the claim of Chaplain Mann. It was impos ible to organize repments of Tenne seeans durillg there- bellion with the ease, regula.nty, and precision with which they were enlisted and mustered in the Northern Stat.es. And the officers who 

went fC!rw~cl t,o do this ~ork i~ that State ~eserve full n.nd n.mple pay 

for thmr time and ~:~erviCes, giVen under Circumstances more trying 

and hazardous than tho e surrounding the men who hn.ve been paid 

for their entire term of service, bec:tlll3e of the facility with which 

their commands were organized. 

The committee are of opinion that he should be mustered back to 

the date fixed by the officers of the regiment, and paid accordingly, 

n.ncl have ordered that a bill be reported to that effect. 1\Ir. HOL~f.AN. If Iunuerstand this papercorrectly,1tfr. Chairmn.n, 

the organization of this regiment was completed September 25, 1R64. 

Air. THORNBURGH. It was not fully organized until the 25th of 

September, 1864. The organization of the regiment was delayed to the 

25th of September, 1 64, because there were thirty-two or thirty-four men hwking to make up the number required for a regiment. 

l\lr. HOLMAN. The paper states the regiment was not organized 

until September,. 1864.· 

Mr. THORNBURGH. The colonel and other officers of the regiment were appointed a long while before that, and the proof shows that on · 

the 28th of Oct.ober Jonathan L. Mann, of Knoxville, Tenne ee, was 

appointed by the colonel of the Ninth Tennessee Cavalry chaplain of 

the regiment, and went on duty as such, although the regiment, because 

there :were SOJ:?-e thirty men needed to fill up th~ ranks, was not fully orgaruzed until the latter part of September, 1864. The regiment was on duty, and this chaplain 'Ya-s appointed and discharged the dutie~ 
1704 CONGltESSIONAL REOO:UD FEBRUARY 21, 

of this p,o~ition all the while from 1863, althoug~ technicnlly the regiment was not up to the standard and mustered m. Mr. HOLMAN. It was mustered in, then, when it was organized. 

Mfr TJIQRNBURGH. The regiment was on duty all the time. It was redl).ced py casualties, and in order to get a complete regiment it 

became neceSsary to consolidate it with another reg_iment. 

Mr. HOLMAN. When was the organization finally completed and 

the regiment mustered in' 

Mr. THORNBURGH. It wa.s finally organized in September, 1864, 

and this man wa,s mustered in as chaplain. :Mr. HOLMAN. It is proposed to go back and to pay him as chaplain dming the whole time the regiment was in process of formation 

from 1 63 down to 1864. 

Mr. THORNBURGH. The gentleman does not ·eeni to understand 

the facts in the case. As I have already stated, when he was appointed chaplain, in 1 63, this Ninth Tennessee Cavalry Regiment 

only lacked some thirty-two or thirty-four men of being fully up to 

the required standard. It was on duty all the time, and this chaplain waH on duty with it. When it became afterward reduced by 

ca.sualties to some fom or five hnndreq. men it was consolidated with some other regiment. The bill merely provi<les that he shall receive 

pay for the time which he actuaf!y did this duty. 

Mr. HOLMA.N. Why was the regiment not mustered in when it wna rendering the service of which t he gentleman has spoken t 

Mr. MAYNARD. I will explain that to the gentleman. These 'fennes~ee regiments were put on duty the very moment they had 

soldiers to enter the service. They did not keep back till they were fully organized, but went n,t mice right into the field ruid were con- st:mtly lin,ble to be reduced by the casua.lties of bn,ttle, by death, 

wounding, cn,pture, &c. ; o that the re~im nts frequently did not for a whole yen,r after they had gone into the service get the number ot men that would technically, under the rn,le, entitle them to their 

muster, differing in this way from regiments that were organized and 

fully filled before . they tr0ok the field. This explains why it is thn,t 

these men were in the ervice, in the face of the enemy, performing 

the most difficult and arduous service of the war, before the regiments were filled up, so thn,t they could be technically mustered under the 

rules. The men themselves were in service, but the machine we cn,ll a regiment, t.he artifici::Ll body which they made up, was, so to spea,k, 

not perfected. 

Mr. HOLMAN. This was :1 citizen who was there voluntarily. 

Mr. MAYNARD. They were n,ll there voluntarily. Mr. HOLMAN. It could not be sn,id of the soldiers thn,t they were there serving voluntarily. But this man was there before the law 

authorized hrm to be mustered in, rendering certain service, :w.d the 

question is, whether the Government is to pay for this service or not. 

It ha.s been suggested to me, n,nd I think with gren,t propriety, that 

there is no end to that class of claims. Such claims have generally 

gone to the Committee on Cln,inls, and if this particular cl::Lim has 

not been bef?re that committee, I know thn,t claims of t:q.is class hn,ve 

been before 1t frequently. 

The time fixed by law when an officer might be mustered in is cer- tainly the date from which he should receive compensation. We havo 

pa-ssed bills to-day and on every private-bill day, very properly as it seems to me, to reckon ofticers n,s muster ed in from the day when they were authorized by law to be mustered in, but who, on account of 

circumstances they could not control, were not a<ltually mustered in. 

But in this cn,se the law did not authorize the appointment of this 

gentleman, n,nd he wa not entitled to be mustered in until he got 

his commission. I think there is no good ren,son whv be should 

receive compensation during the time that the regiment was being 

formed. Mr. MAYNARD. We h11ve had that argument before. Men en- tered into the service, and performed the service that was required of 

them, went into ·the pre ence of the enemy, fought and laid down 

their lives, and their widows come here for a pension. Their claim 

hn,s been objected to on the ground that the e men were not mustered 

in, that they were merely serving voluntarily, and that there was no law or principle entitling their widows to any consideration at the 

hands of the Government. It is precisely the same argument as we have met n,ga~n n,nd n,gain, and we have had this case brought up here 

to have the matter tested. And if the gentleman from Indiana, [:Mr. 

HOL.\IAN] will only get throuo-h the technical dry bark of the ln,w so as to reach the inside of it, I ~k his reason will respond at once to 

the justice of this claim. 

1\Ir. HOL~1AN. The gentleman misapprehends me. I have been one of the foremost in insisting on this floor that the officers who 

served without being mustered in should receive their pay from the 

da.te of their commission. I have been very familiar with this class 

of claims, n,nd have reported more of them perhaps to the House than 

any other member has done; I mean the claims of officers who actuaUy 

served as such, but from various causes, after their commissions were 

issued, were not mustered in. I have always held that when from 

any sufficient cause, absence on duty, or being in prison, or sickness, 

the officer could not be mustered in, he ought to be mustered back to 

the date of his commission and receive his pay from. that time. And 

I have always been gratified by the prompt action of the House in 

allowing t~at class of claims on the justioe of the Government. 

But this is not a case of that kind at. all, as the gentleman from 

Tennessee well knows. We all know howregimentsw~reformed,not 

only in Tennes ee but all over the country. Here was a gentleman 

not ep.tipled to be appointed at all, whose commission was not issued, 

and we are asked to say that not only his mustering in but that his 

actual appointment to office shall be dated back nearly tl>velvemont.hs. 

Mr. THORNBURGH. The gentleman is mistaken. This per on was actually appointed, and the records in the Adjutant-General's 

office show that for all the time for which he asks pay he was pre nt on duty, but not mustered in. The records show that he was a chap- lain, appointed by the officers of the regiment, and the only reason why he was not mustered in was because one company was not quite 

full. 

Mr. HOLMAN. Let me put to the gentleman a ca e hich we find 

ha£ frequently occurred. A man is actually commi sioned by the 

government of his State to a lieutenancy in his regiment, ::Lnd cannot 

be mustered in because the company is reduced below its proper num- ber. The Honse has said that in that class of ca.s.es it cn,nnot afford 

relief, because of the simple fact thn,t the regiment was not entitled 

to this officer, and the commission was improperly issueQ.. We have 

furnished relief wherever, from causes w hi,ch were not unrler the co-ntrol 

of the officer receiving commissions, they could not be ml;J.stered in. 

But here when this commission was issued, it w~ issued without 

authority, before the time when the claimn,nt could be mustered in at 

all. It was issued before the regiment was in :1 condition to be entitled 

to this particular officer. "'While I hold that Congress, in a~j usting the c~aims of all who served the country in the l::Lte war, should not only 

be j.QSt, but generous, st1JI I in ist t hat we should not open up a field 

of such latitude as will be opened up in mustering a man in to date 

back to the time of the be~inning of his regiment, when under the 

law his regiment was not m a condition to be entitled to such an officer. 

The question was on the motion to lay the bill aside, to be reported 

to the House with the recommendation that it do pass; and being 

taken, it wu£ agreed to. 

RICE M. BROWN. 

The next business on the P:rivate Calend.::j.r wn,s ~bill (H. R. No. 1771) 

;for the relief of Rice M. Brown. 

The bill directs $e Secretary of the Intertor to issue a bounty-land 

warrant for one hundre<l and sixty acres of land to Rice :M. Brown, 

for services rendered during the war with Mexico, a :1 private in 

Company F, Second RegipJ.ent Indin,na Volunteer ; and also to pa.y out 

of any money in the Treasury not otherwise appropriated three months' 

extra pay to him, for services in the Second Regiment Indiana Volunteers during the war with Mexico. Mr. WILLARD, of V13rmont. I ask that the report be read. 

The report wn,s read, as follows: 

The Committee on Military ..A..ffu.ira, to whom was referred the petition of RiceM. 

Brown, praying for a bounty-land warrant and three months' extra. pa.y for services ren~ered during the wa.r wi~ Mexico as a priya.te of Company F, Second Regiment Indiana. Volunteers, report: 

That they have had the aame under consideration, and find the facts in this case fully set forth in a. report made by the Military Committee of tbe Rouse of Representatives of the Thirty-fifth Congre a. Your committe~ adopt that report, and 

recommend the passage of the accompanying bill : 

Thirty-fifth Con~ess, second session. Rouse of Representatives, Report No. 147. January 28, 18!59. 

Mr. BUFFINTON, from the Committee on Military Affa.ir made the ~allowing 

report, to aooompany bill H. R. No. 845: · The Committee on Military Affairs, to whom wll.s referred the petition of Rice M .. Brown, praying for a. bounty-land warrant and three months' extra pa.y for service 

rendered durin~_the war with .Mexico as a private in Compa.ny F of th,e Seco,nd 

Regiment of Inaiana Volunteers r eport: 

That in the year 1 46 he joined Company F of the Second Regiment of Indianu. 

Volunteers, commanded by Captain H enry Davis, with a view of serving in the war with Mexico. That when said company came to be mnstered into the service ho was not received, by reason of a. defect occasioned by prior ijlness which caused 

lameness, one of his legs being tlhortened. Being anxious to go with said company~ 

he went nominally as servant to Captain Davis, but really as a. soldier. He servea in sa.id company five or six months, when he was honorably discharged in conse- quence of Sickness. It appears that he performed the services of a. soldier until his discharge, and therefore is entitled to the bounty land and extra. pa.y voted py 

Congress. 

Your committee herewith report a bill for his relief. 

PETITION. 

To the Oongrcss of the Unitd States : 

Your petitioner, Rice M . Brown, of the St:J.t.e of Indiana, reapectfully showeth: 

That in the :vear Ul46 he jo,ined Company F, comma,nded by Captain Henry Davis, in the Secon'd Regiment of Indiana Volunteers, commanded by Colonel William A. Bowles, with a. view of serving in the wa.r with Mexico. That when said company came to be mustered into the service he was not mustered in by reason a.nd in con· se-quence of a defect occasioned by prior illness which caused Tameness, one of his 

lea a being hortened ; but, anxious to go with said company, he went uomin:illy a~:~ 

a servant to said Captain Henry Davi , but really a.s a. soldier. That he served in 

said company for orne five or six months, and was honorably di charged in conse- quence of sickness a.t Camp Belknap, Texas, a.nd came home. That for his service 

be r eceived the wa.~es of a servant-eiuht dolla.rs per month, and no other pay or allowance from the uovernment. Tho e who repdered similar service in aU but 

the n'lme received their pay, extra. pay, and a land warrant. Your petitioner humbly prays your honorable body to grant him extra pa.y a.nd a land warrant, as would have been allowed him if he had been mnstered in as a 

soldier. 

RICE M. BROWN. STATE OF INDIANA, Oounty of Lawrence, 88: 

Before me, the undersigned, a justice of the peace within and for the count:v 

aforesaid, personally came Rice M. Brown, who is personally known to me, aria 

who is a. person of credit and veracity, and made oath that tiie foregoing petition 

is true . Witnesa my hand this 12th <lay of Mar9h, 1858. 

E. J?. PE4Jt$(>:ti", .1. P. {BJ!:¥-J 
1874. CONGRESSIONAL RECORD. 1705 

STATE OF INDIANA, Oounty of Lawrence, 88: 

I, Henry Davis, bein~ duly sworn, st:J.te that I have read the forego~ =petitiC?n of Rice M. Brown, and lillOW from my personal knowledge that t,he same IS true m 

substance and fact. HENRY DAVIS. 

Subscribed and sworn to before me this 12th day of March, 1858. And I certify that H enry Davis, who si!!D.ed the foregoing affidavit, is the identical Henry Davis 

who was CO?ID}:tndar of Cfompany Fin Second Regiment of Indiana Volunteers in war with .MeXIco. 

Witness my hand this date above written. 

E. D. PEARSON, J. P. [SEAL.] 

THE STATE OF INDIANA, Lawrence Oounty, 88: 

I, George A. Thornton, clerk of the Lawrence circuit court, certify thatEliphalet 

D. Pearson esq., before whom the foregoinginstrnmentswereexecnted, was, attbe 

time of the' execution, an acting justice of the peace in and for said county an~ State, ,duly commissioned and qualified, and that all his official acts as snch are entitled to full faith and credit; and further, that his signatures above are genuine. 

Witness my hand and the seal of said court, at Bedford, this 12th day of March, 

1858. 

[sEAL.) GEORGE THORNTON, Olerk. 

Mr. HUNTER. I presented this claim, and I desire to state to the 

committee the fact in the case. They are simply these: At the breaking out of the :Mexican war :Mr. Brown, being quite a young man and 

anxious to enter the Army, joined Captain Davis's company. When 

the surgeon came to examine the soldiers proposing enlistment, this 

Brown was not received on account of physical disability; I believe one of his limbs waf:! a little shorter than the other. Still, being anx- .ious to go into the service, he requested Captain Davis to muster him 

in as a cook, which he did. After the company had gone to the :field 

young Brown, with the consent of his captain, took his muskc:t and 

served a.9 a soldier in the company. He served in that capac1ty for 

about six months, when he was taken sick and discharged. All the 

soldiers of the Mexican war upon their discharge received three 

months' extra pay and a bounty-land warrant. But Mr. Brown, notwithstanding he had served a.s a soldier for some six months, being on the muster-roll only as cook, was not entitled to receive the three 

months' pay or the bounty warrant. 

Mr. WILLARD, of Vermont. He W!l.S not mustered in. 

Mr. HUNTER. He was mustered in as cook, and then he served as a soldier with his musket about six months. That is the statement 

of Captain Davis, whom I know to be as good a man as there is in 

my State, and I would believe any statement that he would make, 

whether under oath or not. The point I make is thi::;: If this young man really carried his musket and served as a soldier for more than 

six months, and could not receive his bounty warrant and extra pay 

becau e he was mustered in merely as a cook and not as a soldier, he 

is entitled to this relief, and I hope the House will grant it. 

Mr. WILLARD, of Vermont. My purpo e in rising was to call attention to the fact that this claim is nearly thirty years old. It simply 

appears by the report presented here that this Brown went as a serv- ant ; that he could not be mustered into the service as a soldier because 

he did not physically answer the requirements, but he went voluntarily as a ervant. 

Mr. HUNTER. He was mustered in as a cook; the statement of 

facts will show that. 

Mr. WILLARD, of Vermont. I was merely following the report. 

If there is any report to be submitted in this case, which will bring 

him within the law, of course I will not object to that. But in the 

report which the committee present here, they say they take the 

report of a committee of a former Congress, which says that this 

Brown went as a servant; that he was mu tered into the servioe on account of physical di ability, and that he left it at the end of six 

months on account of illness. I make no particular objection to the 

bill, except to call the attention of the committee to the question 

whether it is wise to give bounty and baok pay after this lapse of 

time. 

The bill was laid aside, to be reported to the House with the recom- mendation that the same do pass. 

WILLIAM N. WILLIAMS. 

The next business on the Private Calendar was the bill (H. R. 

No. 1772) for the relief of William N. Williams, late second lieutenant 

of volunteers. 

The bill provides that WilliamN. Williams, late a second lieutenant 

of the Sixth Regiment of Indiana Volunteer Infantry, be mustered as such second lieutenant, to date from the 30th day of l\Iarch, 1862; 

and that the Paymaster-General of the Army pay him, out of any 

money in the Treasury appropriated for the pay of the Army, the sum of 138. 

The report was read, as follows : 

The Committee on Military Affairs, to whom was referred thepetition of William 

N. Williams, late a second lieutenant of Company G, Sixth Indiana Volunteers, 

praying relief, have had the same under consideration, and report aa follows: 

On the 30th day of Ma1·ch, 1862, a vacancy of second licnten:tnt of Company G, in 

the Sixth Regiment Indiana Infantry Volunteers, on application of the captain of 

said company, was filled by the commanding officer of said re~m nt, by a r eginlental 

order. assi!!D.ing Sergeant-major W. N. Williams to said po 1tion of second-lient-en· ant of said company. He served in said position until the 30th of May, 1862, when 

he was promoted to be first lieutenant of said company. During the timeletitioner was serving in said regiment Governor 0. P. Morton, then governor o In- diana, visited the front, and, exhausting his supply of blank commissions, gave this petitioner, with others, c~tijicates in lien thereof; and did afterward forward his commission aa such second lieutenant, dated March 30, 1862; but· before said 

commission was received, and while acting under the '' certificate" of Governor Morton, petitioner was captured ; and when mustored as a commissioned offic~r, . 

after his release from/rison, the mustering officers refueed tQ IJltJ.S~er him. OJJ. his 

commission as secon lieutenant of said company, but ID"\Ultered ~ on his 001!1· 

mission as first lieutenant, which was dated from May 30, 1862. William N. '\Y"il- liams having received only the pay of sergean~major -for the time co~encl;Dg 

March 30, 1 62, and ending May ~0, 1862, a penod <!f two months, ~nnng. whicli 

time he was actin,. as a second lientellftnt, as herembefore stated, IS entitled to receive the pay an'a emoluments of a second lien~nant of infantry for the tw.o months specified, less t.he amo'n.nt he has alreooy received. . . The committee therefore recommend the pnssage of the accompanymg bill. 

Mr. ALBRIGHT. I move that the bill be laid a.side, to be reported 

to the House with the recommendation that the same do pass. 

The motion was agreed to. 

SAMUEL E. RANKIN. 

The next business on the Private Calendar was a bill (H. R. No. 

1773) for the relief of Samuel E. Rankin. . . The bill directs the Paymaster-General to pay to Samuel E. Rankin, 

late a first lieutenant of the Ninth Tennessee Cavalry Regiment, the 

full pay and allowances of a :first lieutenant of cavaJI:y, from the 5th 

day of October, 1 65, to Febrlilll'y 13, 1866. 

The report was read, as follows : 

The Committoo on Military Affairs, to whom waa referred the petition of Samuel 

E. Rankin, l:~.te a first liPntenant of the Ninth Tennes. ee Cn.valry, nsking pay and :~.llow:~.nce from October 5, 1865, to Fobrna.ry 13, 1866, b~g leave to r eport 11.8 follows: 

l!'irst Lieutenant Rankin was mustered into the United States service for the term of three yean~, or during tho war, ?n the 2d day of February, 1.8?4· On the 

19th of September, 1 65, he was put on trull before a general con.rt.martu1l, at Chat· tanooua. Tennessee, for the murder of .John A. Thornhill, on the Uth of .J nne, 1865. 

Of tbfu ~h::trge he was honomblv acquitted; t.he decision of ~he con.rt.ma.rtj.al was approved :111d Lientepant Rankin wa_s relieved :f!om arrest, and r estored to duty on the 5th of October, 1865. He was paid to the said 5th day of October, but waa not r elieve{l from dnty, or finallv mns~red out, until February _13, 1866. It se~ms, 

therefore, to the committee, that Lieutenant Samuel E. Rankin should be paid as first lieutenant from October 5, 1865, to February 13, 1866, and they report; .th.e 

accomp:tnying bilL 

:Mr. HOLMAN. I think that this mea.9ure requires some explanation. This soldier claims to have been mnstered out on the 5th of 

October, 1865. Why was he not paid for his services f 

Mr. ALBRIGHT. Because he had not be.en relieved from arrest, 

and the balance of the regiment was mustered out, while he was retained on duty until the 13th of February following. 

Mr. HOLMAN. When was the regiment mustered out of service f 

:Mr. ALBRIGHT. On the 5th of October, 1"'65. 

Mr. HOLMAN. And it is proposed to pay ..this man after his regiment wa.9 mustered outf 

Mr. ALBRIGHT. Becau e he was not relieved from duty. 

Mr. HOLl\IAN. His regiment was mustered out of . ervice f 

Mr. ALBRIGHT. There was a special order for that; but this offi- cer was retained on duty because of charges against him, and he W:l.9 

not discharged until February following. Mr. HOLMAN. Have these papers ever been before the Adjutan~ 

General 

Mr. ALBRIGHT. Yes, sir. 

Mr. HOLMAN. Is it hi.:~ recommendation that this bill should pass f 

fr. ALBRIGHT. I do not know that he recommends that the bill 

should pass. It would seem to be macifest injustice to deprive a man of his pay when he was not relieved from duty, and not mustered out 

of service. 

1\Ir. HOLMAN. Was he mustered in after the termination of the war Y 

1\Ir. ALBRIGHT. He was restored to duty October 5, 1865, but not 

mustered out until February 13, 1R66. 

Mr. HOLIAN. As I understand, when he was restored to duty 

October 5, 1 65, he had been serving three years previously. 

Mr. ALBRIGHT. Certainly; and it is now propo eel to pay him 

from that date until February 13, 1 66, for the reason that the latter 

is the date when he was mustered out. He served until that time. 

It required a special order for his mustering out, which order rwas is ued and is now on file with the papers. Mr. HOLMAN. What duty was he performing after his regiment 

had been disbanded 

Mr. ALBRIGHT. I suppose he was performing duty in one of the 

cities of Tennessee. I do not know that he was performing any 

special duty; but he was not relieved from duty until the date I 

have named. 

Mr. HOLMAN. Why, sir, there are cases where soldiers enlisting 

during the late war have not even up to this time been mustered out; 

and claims founded upon such cases are now before the Committee on War Claims. If we authorize the payment of any such claim 

against the Government, innumerable others will be presented. The 

presumption is that when a regiment is mustered out any officer of 

that regiment ceases to re<feive compensation. I insist that if this 

officer remained in service after the close of the war and after his 

regiment wa.9 mustered out, the fact should appear that he was on actual duty. 

l\fr. ALBRIGHT. It does appear in the report. 

Mr. THORNBURGH. Suppose he did nothing; but that there was 

an o.r(\er of the War Department that he should not be mustered out, 

but should remain subject to orders, and that he did, in fact, so re· main. 'fbat is the exa-ct condition of this .oase. Mr. HOLl\1AN. No proof of that fact has been read. 

Mr. TH;ORN~URGH. That is the proof on file with the papersthat there was ,an or(\er of the War Department preventing the mus· tering out of this officer and holding him in the service. 
1706 CONGRESSIONAL RECORD. FEBRUAHY 21, 

Mr. HOLMAN. Do I understand that this officer was by such an order kept in the service after th e expiration of his term and after the 

mustering out of his regiment Y 

Mr. THORNBURGH. Yes, sir; and he asks now to be p.tid up to 

the time when he was actually mustered out by order of the War 

Department. 

Mr. HOLMAN. I wish to call attention to the fact (and I am very 

glad the gentleman from Tennessee is in his seat) that there have been 

morb mortifying claims before this House in connection with the e Tennessee regiments than have arisen in connection with any other 

branch of the service ; and in a ca ·e so extraordinary as this, it does seem to me we should be furnished with some explanation from the 

War Department itself as to why this man should have remained in 

service after his regiment was mustered out and after the expiration 

of his term, and why he should seek to be paid for remaining in serv- ice under those circumstances. He may have remained in the service 

without being mustered out in consequence simply of his own act. · Mr. THORNBURGH. I presume the remark of the gentleman from 

Indiana [Mr. HoLMAN] is true, that since the war there have been, 

perhaps, more mortifying claims presented from my State than from 

any State in the Union. But, sir, it is the claimants who have been 

mortified. They went into the service of the Government without 

waiting for legal authority that might guarantee to them their pay. Escaping from their homes and going upon the soil of another State, 

they asked only for guns; and when these were given to them they 

marched back under the flag of their country to the defense of their 

State, without waiting for any commissions from the governor of the 

State or from the President of the United States. Thousands of men went into the service of the Government in that way from Tennessee. A great many of them had no commissions. Two regiments that 

served for three years had no commission and no muster at all. They were paid as though they had been mustered, because there was an order to that effect from the Secretary of War or the President. There are to-day withiu my knowledge cases of officers and soldiers who 

served for months and years, and who have never asked for pay, be- cause they are mortified that such claims, when pre ented, are frequently disallowed and have very little attention paid to them. 

This man was retained in service a8 an officer of the Army by order 

of the Secretary of War; and I say that, being thus held subject to 

duty, he is entitled to pay up to the time when he was musterecl out. 

Mr. HOLMAN. All I ask is that that order of the Secretary of War 

may be read; for it is certainly without precedent, so far as the experience of this Honse goes, that after the termination of the war, :tfter 

the expiration of his term of service, and after the date when he 

should have been mustered out, a soldier shoul~ be retained in service 

by an order of the War Department. I think it may, perhaps, be 

found that he was ordered into some other service, and in that other 

capacity received some other form of compensa,tion. Certainly this 

soldier was not bound to serve after the expiration of his term. 

Mr. THORNBURGH. He was held for trial by court-martial on the 

charge of murder, as the report shows. 

Mr. HOLMAN. Was he held on a charge of murder before a courtmartial between October 5, 1865, and February 13, 1866 

Mr. THORNBURGH. He was tried by court-martial after his regiment was mustered out. 

Mr. HOLMAN. _Was it during the period for which compensation 

is claimed-from October 5, 1865, to February 13, 1866' Was it 

during that tiine that he was held on this charge of murder' 

Mr. THORNBURGH. I do not remember whether he was under 

the charge of murder all the time; but I know he was for a considerable 

portion of it. Mr. HOLMAN. He could not have been held in service under an order of the Secretary of War if he was held for the purpose of being 

tried by court-martial. 

Mr. THORNBURGH. The order of the Secretary of War prevented 

him from being mustered out. . Mr. HOLl\fAN. Did he perform military duty during the warY 

Mr. THORNBURGH. I only know that he could not have been 

mustered out because of the orders of the Secretary of War, !md that 

he was engaged in connection with the summoning of witnesses preparing for this trial by court-martial. There is no question he did re- ceive orders and performed the duty assigned to him under those orders. 

Mr. HOLMAN. If there is an order from the Secretary of War it 

must be among the papers. 

Mr. THORNBURGH. .I do not know, but the proof is ample to 

show that he was acting under special orders, and could not be mus- tered out even if he wanted to be. 

Mr. ·HOLMAN. The only reason why t)J.is man was not mustered 

out was because he was guilty of a high crime, the crime of murder; 

that is the only thing which prevented him being mustered out, and I 

do not see any justice in it at all. 

'l'he committee divided; and there were-ayes 80, noes 7. 

Mr. HOL1tfAN. I demand tellers. 

Tellers were ordered; and Mr. HoLMAN and Mr. THORNBURGH were appointed. . . The committee again divided; and there were-ayes 108, noes 19; no qnornm voting. 

The CHAIRMAN. The Chair will be compelled under the rule to 

have the roll called and the names of the absentees reported to the 

House. 

Mr. HOLMAN. For the purpo e of saving the time of the Hon e, 

and with a view to having a vot.e on this bill in the House, I will not 

insist on further count, but will let the bill be reported to the House 

with a favorable recommendation. 

The bill was laid aside, to be reported t o the House with the recom- mendation that it do pass. 

MATTHIAS WHITEHEAD. 

The next business on the Private Calendar wa8 a bill (H. R. No. 

1774) for the relief of Matthias Whitehead. 

The bill, which wa read, provides that theAcljntant-Generalof the 

Army be, and he i thereby, directed to remove the charge of desertion from the name of Mattltias Whitehead, late a private of Company 

G, Eighth Re~ID:ent Tenne ee Volunteer Infantry; and that the 

said Matthias w nitehead shall be allowed and paid the back pay and 

bounty due him in the same manner and to the same extent as if the 

said charge of desertion had never been made. · It appears from the report, which was read, that Mr. Whitehead 

enlisted December 17, 1 62, and was wounded in the foot about Augu t 15, 1864, after having been in the ervice twenty month . He wa admitted to the ho pital soon after the time of receiving his 

wound. He swears that, being near home, the surgeon gave him 

sick-leave for twenty days, September 5, 1864; and that he wa too 

sick to ieturn afterward, until his regiment had been mustered out. It appears that Mr. Whitehead was not mustered as a deserter 

but was, on the 30th day of June, 1 65, regularly mustered ont ancl 

received an honorable discharge. The bill wa laid aside, to be reported to the House with the recom- mendation that it do pas . 

FOSTER A.. HIXSON. 

The next bnsine s on the Private Calendar was a bill (H. R. No. 

1775) for the relief of Foster A. Hixson, late paymaster in the United 

States Army. 

The bill, which was read, provides that the proper accounting 

officei'S of the Treasury Department be, and are thereby, required and 

directed to allow to Major Foster A. Hixson, late a payma ter in the 

United States Army, in the settlement of hi accounts, a credit of 

$10,000., being the amount which was stolen from him at Charle ton, 

South Carolina, on the 1st of March, 1 67 ; provided that no p art of 

this allowance shall be used to settle any other accounts of said paymaster; and provided further, that it shall be in lieu of all existing 

allowances to him under existing laws. 

It appears from the report that Major Foster A. Hixson, of Yate 

County, New York, was a payma ter in the United States Army in the 

year 1 64, and acted a such until August, 1867. 

On the 1st day of March, 1867, he obtained from the a sistant trea - urer of the United ~tates, at Charleston, South Carolina, on a check 

of :Major C. W. Wingard, chief paymaster, '50,000 to take to Savannah to pay troops. It was in :five sepamte packages, one of 10,000 in 

national-bank bills. He placed the money in a stout leather bag, carefully locked in 

his room at his boarding-house, and remained with it until a short 

time before the steamer started for Savannah, Georgia. He left his room (locked) for the purpose of procuring assistance to take his 

baggage to the steamer. The name of the steamer upon which he 

took passage for Savannah was the Dictator. He occupied a state- room and only left it for breakfa _t. At Savannah, on reaching hi 

office on March 2, nine a. m., he discovered, on examination, that. the 

package of 10,000 in national-bank bills was gone. He reported 

the fact immediately to Major C. W. Wingard, chief paymaster at 

Charleston, who procured the services of a detective, M. L. Burnell, 

with what result we will let the Paymaster-General, Benjamin Alvord, say: 

Mr. Burnell, from his investio-ation, (which appears to have been thorough,) became 

satisfied that saifl theft wn.s not committed on the steamer, but at the boarding-house 

in Charleston, .1t the timo that Major Hixson left his room to get assistance to take 

his baggage to the steamer, or to go to supper, for Major Wingard states that such was the ooject of his ab ence. Hi room was in a boariling-house (occupied by Major Wingard and family) next to the Planters' House. He came to that hotel office, and one Charles E. Hooks, 

hotel watchman, was present when the bag~a~e arrived, and, as Major Hixson was about to take his baggage to his room, as k en tne colonel if he had made a raise of 

greenba{lks. HookS had access to pas -keys to enter Major Hix on's room, and he left that night for theN orth. Burnell, the detective, vis1ted Savannah, traveled on the same steamer, (the Dictator,) wont to Fernandina, Florida, to follow up in vestigations concerning various parties on the steamer, but found no grounds of suspicion worthy of being pushed. 

.AJ:J shown by General Brice's indorsement, of 2il April, 1867, the continued em- ployment of a det.ective was authorized aft.er that date. And Major Hix on, in his letter of 13th .January last, st..'l.tes that Hooks was arrested in Connecticut and 

taken to .Charleston, South Carolina, and kept in co~ement until January, 1868, 

when he was r eleased for the r eason that the public prosecutor th ought the evidence furnished by Mr. Burnell was not sufficient to secure conviction. The unfortunate death of i\Ir. Burnell, in 1869, removes important testimony which might have assisted in forming a jud~ nt in this case. It was llnfortuna.te that his (Hixson's) clerk did not accompany him to Charleston, on this journey for funds; but it appears from Major Hixsou 's report that the 

public service required that he should be left in charge of the paymaster's office at Savannah. 

But Lieutenant-Colonel Wingard, in his first indorsement of 5th March, 1867, speaks of Major F . A. Hixson as a valuable and faithful officer. In his affidavit of 

.January 8th last, he says: " I had knownColouelHixson as a payma ter about two years at the time he was robbed. His character for integrity and honesty was above reproach or suspicion. While subject to my orders as chief paymaster ho 

discharged most efficiently and satisfactorily all his duties as paymaster, and from 
1874. CONGRESSIONAL RECORD. 1707 

all the circumstances sUITounding his loss of Gove=ent funds, I am entirely satisfied he waa robbed, and shonld be relieved by Congress of all censure or pecuniary 

responsibility in the premises." 

The Paymaster-General concludes his report as follows : 

All the testimony at my command shows the high character and unquestioned 

integrity and fidelity of Major Hixson, and I am, upon carefnl study of the case from all the lio-hts :furnished by the records, forced to the conviction that he was robbed of the sum of $10,000, and haa a just and equit.'\ble claim for relief from Congress for the same. 

The evidence before the committee is conclusive that M:tjor Hixson was robbed of 10,000 on the 1st of March, 1867, at Charleston, South 

Carolina; that he used all ordinary care to protect himself against such 

robbery. The evidence is also conClusive that Major Hixson is a. man of great probity of character, and therefore recommend that the relief 

he prays for be granted, and report the accompanying bill for his 

reliof. 

Mr. DUNNELL. I wish to call the :tttention of the committee to one charaeteristic of this report. It does not anywhere tell there was evidence before the committee that this paymaster used due diligence 

and care with regard to the safety of this money. It appears strange 

that a man with 50,000 in his care should leave it in his room un- guarded and unprotected, and go out upon the street in search of aid. 

It appears that the payma ter went to his meals and left $50,000 in 

his room, where it was not put in any safe place. That report does 

not satisfy me this man used such diligence and such care as to be 

entitled to relief from this House. That he was robbed of the money 

I do not doubt; that he lost the money I do not doubt; but I do not 

think Congress should be compelled to pay back what he lo t by his 

carelessne s. Mr. ALBRIGHT. I should like to say to the gentleman from Minnesota the committee, in the concluding paragraph of the report, did 

say this paymaster ''used all ordinary care to protect himself against 

robbery." Major Hix on himself was summoned to appear before the 

Committee on 1\filitary Affairs. He came here from his residence in 

New York and te tified under oath to all the facts. His testimony is 

on the files of the House. 

It seems that Major Hixson had rented rooms in a house rented by sev- eral paymasters, in which he lodged. Charleston was the headquarters 

of the Army at that time, and the chief payma~ter of the district was there. Nobody knew thatMajorHixsonhadanymoney. He went to 

ills room with the money locked up in this leather bag, and was only 

absent for the space of a minute or two. He locked the door, and 

nobody had access to the room o far as he knew. He thought it wa~ 

not advisable for him to publish the fact that he was a payma ter 

and had 50,000 in a room in that house. For it must be borne in 

mind that the Planters' Hotel was not kept as a hotel at that time. 

Its use as a hotel had been abandoned. And if he had published the 

fact that he wa a pa~aster of the United States Army, and ha-d 

conveyed to his room $50,000, the danger of his being robbed would 

have been much greater. 

ll:fr. DUNNELL. I would ask the gentleman whether it is not a singular fact, this money being in five separate packages, that the 

person who opened this satchel should have taken only one package. 

Mr. ALBRIGHT. I will explain to the gentleman how that wa~. 

It was a double carpet-bag. One package was in the one side or pocket of the bag, and the others were in the other side ; and this 

package which was taken contained the notes of the national banks. The time that intervened between the departure of Major Hixson 

from his room and his return to it was but a few moments, and the 

person who committed the theft must have been in a O'reat hurry, 

because when Major Hixson returned there was nobody there. If the 

whole amount had been taken out of the satchel he would have discovered the theft at once, becau e the burden would havo been lighter. 

But the fact that the satchel did not seem to be any lighter prevented 

Major Hixon from discovering his lo s until he got to Savaunah. 

Mr. DUNNELL. I desire to repeat the point I was endeavoring to 

make. It is thi : It seems to me that beyond all question it was an act of gross carele sness for a man to leave $50,000 in a carpet-sack 

in a room in his hotel. And I will say that no such claim has been 

allowed. to pass through the Committee on Claims. We have voted 

down cases which, so far as I can judge from the record, were much more meritorious than this. We have demanded not the ordinary care which gentlemen speak of in this report, but extraordinary care. A Federal officer with 50,000 in his possession is bound to exercise 

extraordinary care. He could have had it about his person, or have 

put it into a safe, or put it into a bank while he was remaining there. 

He had no right to leave $50,000 of the public moneys in his room and 

go his ways. 

Mr. 1\IAcDOUGALL. I desire to ask the gentleman from Minnesota 

if he is familiar with the manner in which paymasters carried their 

money around dUli.ng the war 'I 

Mr. DUNNELL. I am not. But I do not think that paymasters 

leave their money in their rooms in this way. 

Mr. MAcDOUGALL. I would also ask the gentleman if he knows 

how large a pack~ge 50,000 in fives and twentie to pay the troops, 

would make, and it he supposes that a man could carry that amount so ma-de up about his person; or when at that time in the city of 

Charleston, when houses were abandoned and hotels closed, he could 

have got a safe in a private boarding-house in which to put the money. 

I have myself seen during the war, paymasrers traveling with 50,000, 

$100,000, or $300,000, without any safe in which to put the money, 

and the Quartermaster's Department furnished no transportation at 

that time, so that they had to carry the money among the baggage. 

Mr. McKEE. Did they not have a guard t 

Mr. DUNNELL. Was not every payma~ter entitled to a safe f 

Mr. MYERS. Some of the safes were small and could be carried 

away. I have seen it done. 

Mr. HAWLEY, of Illinois. I desire to say a few words on this 

matter. It i , of course, well known to the members of this com- mittee that I am chairman of the Committee on Claims, and it is 

the fact, as has been stated by the gentleman from Minnesota, [Mr. 

DUNNELL,] that no such claim as this has ever passed that committee 

while I have been on it. Now it is of course the duty of the Committee on Claims to familiarize itself with the legislation on subjects 

of this charaeter, and with the jurisdiction of the Court of Claims. 

The Court of Claims was given jurisdiction of such cases as might 

arise where persons claimed that they might have been wronged by 

the failure of the Government to perform its contract with them as private individuals. Jurisdiction was also given to the Court of 

ClaiiiL.q so that all persons who were disbursing officers might apply 

to that court for the purpose of being relieved from losses sustained 

while they were actinO' in that capacity. 

It is to this point I de ire to draw the attention of the committee. 

Here is a paymaster. He claims that he has lost $10,000. He says it was stolen from him. The Court of Claims is the very place established by law for him to go for the purpose of having that question tried. He could not there give his testimony; but before the 

Committee on Military Affairs, or before any other committee of the 

House, if they see fit to hear the party himself, he might become a witness; whereas in the Court of Claims the party himself cannot 

be a witness-and that makes a great di:fterence. But it is not specially 

to that I desire to direct the remarks I am now inaking. It is more especially to this point: I do not think that this payma-ster exercised 

that care and diligence which it was his duty ta exercise as an officer 

of the Government. He had in his possesion, a paymaster, "'50,000 

of money. He left that money in his room, left it there in charge of no one, and went to dinner. Now it does not seem to me that it was prudent, that it was exercising ordinary care, that it was exercising 

such care as a man would exercise over his own money. It seems to me that no prudent man having in his possession $50,000 in money 

would have it in his stateroom unguarded while he went off. 

I call the attention of this committee to a further fact in reference 

to this matter, that he was a paymaster, and known to be such; and 

therefore when any person saw rum upon the boat or about it, with 

this paymaster's bag, which could not have been a small one, to con- tain packages of notes to the amount of 50,000-any person would 

know what he was. Therefore greater prudence would be required on his part. I do not like to antagonize a bill from a committee of 

which I am a member, but I do not think this is one which should be 

passed by Congress. 

Mr. DUNNELL. I desire to ask a question of the gentleman from 

Pennsylvania, [.Mr. ALBRIGHT ] who rep0rted this bill. 

Mr. ALBRIGHT. Very well. 

Mr. DUNNELL. I find the following m the report of the committee on tills case : 

His room waa in a. boarding-house (occupied by Ma~or Wingard and family) next to the Planters' House. He came to that hotel office and one Charles E. Hooks, 

hotel watchman, was present when the baggage arrived, and, as Major Hixson was about to take his baggage to his room, asked the colonel if he had made a raise of 

greenbacks. 

This Hooks asked Major Hixson whether he had made a raise of 

greenbacks. Now, wa there any evidence before the committee as to what reply Major Hixson made t 

Mr. ALBRIGHT. Ye , ir. Major Hixon says he did not hear the 

remark, that he did not know Mr. Hooks, and that this fact was brought to his knowledge afterward by the detective. Major Hixson 

left that night. After he returned he placed the matter in the hands 

of a detective. Then the absence of Hooks was discovered, and the 

remark he had made was made known to Major Hixson. 

I was going to say, if I was not clear before, that the Planters' 

Hotel was not then occupied as a hotel. This man Hooks and one other person probably had charge of the hotel, but Major Hixson did 

not know that fact. The house in which Major Hixson ha-d a room was occupied partly by Colonel Wingat-e, chief paymaster of that 

departmen , and by other payma~ters. For the time being the room belonged to Major Hixson. He came there, took charge of the room, 

deposited his parcel in it, locked the door, and went out, not to ~~t 

ills dinner as has been said here, but to make arrangements for his 

passage on the steamer. He was absent not more than two or three minut~s, and during that time the man Hooks, who knew his business, 

took advantage of his absence, went into his room, and stole one package of notes and left. Major Hixson returned, t-ook ills carpet-bag and 

went to the boat, without discovering the theft. 

Mr. HAWLEY, of Illinois. Why could not this paymaster go to the 

Court of Claims, as every other claimant does 'I 

Mr. ALBRIGHT. According to the rules of the Court of Claims, a person interested in a matter before the court cannot himself become a witne s in the case. A person interested can be a witness, I believe, 
170R CONGRESSIONAL RECORD. FEBRUARY 21, 

in all the other courts of the United States, but not in the Court of 

Claims. That is the reason why Major Hixson appears before Congress 

instead of going to the Court of Claims. 

Mr. HAWLEY, of lllinois. That same objection 'would apply to 

every claimant in that court. 

Mr. ALBRIGHT. Yes· and I have heard distinguished lawyers 

upon this floor say that they thought that objection should be remov~d; 

that it waa an invidious distinction to prevent persons from bemg 

witnesses in the Court of Claims and nowhere else. That is the fact. 

This is a case which must depend upon the statement of Major Hixson, 

because the detective is dead. 

The Committee on Military Affairs were very largely influenced 

in this matter by the repor.t of the Paymaster-General of the Army. 

Immediately after the larceny of this money was di covered, com- plaint was made to Major Wingard, who employed a; detective at 

that place by the name of ~urne~. That de~ctive is now ~ead, but 

this matter waa very fully mvestigated by him, and there 1s a very 

full, elaborate, and exhaustive report upon this very subject, which is 

among the papers submitt.ed in this case. The detective followed 

up the ca-se, and finally discovered that the money was stolen by this man Hooks. He reported all the facts to the Payma 'ter-General, who 

I think is a fair watch-dog of the Treasury; and he~ after a careful 

examination of all the facts, says that this is a cMe that woulcl justify Congress in granting the relief a-sked. 

The reason why the committee report that Major Hixson should not 

be allowed anything more than to cover this deficit, is that under 

existing laws paymasters are allowed a credit of 5,000 in 1he ettlement of their accounts, so that Major Hixson, will in fact and reality 

be entitled to a credit of but $5,000 in the settlement of his ac~unts . 

Allow me to request the gentleman from Minnesota [Mr. DUNNELL] 

to go back in memory to the year 1867 in Charleston, when that city was partially uninhabited, when a great many houses were tmoccupied.l when there were no safes there, and when Major Hixson could 

not leave his money in bank because he had just drawn it out of the 

treasury. He had just taken the money out of the treasury for the 

purpose of carrying it to Savannah where he wa to pay troops. 

Now, does it not appear, 1\Ir. Chairman, that ordinary care was ex- ercised by this officer in regard to this money' He did not leave it 

probably for more than five minutes ; and be had his door locked. Where could he have taken iU The hotel was abandoned; ancl there was no safo there in which he could have deposited it. There was no safe in his room; and there was nobody at the time in who e charge 

he could leave it. If he had undertaken to carry the money with him 

all the time, the danger of robbery or loss might have been still 

grN~t;:it is possible that with the experience that Major Hixson has 

had upon this subject, or with the experience which the gentleman 

from Minnesota [Mr. DUNNELL] or the gentleman from Dlinois [l\Ir. 

HA. WLEY] may have had, he .would not do now as he did then. I do 

not believe I would do so now, though perhaps at that time I would 

have done precisely the same thing; because the question for Majo1· 

Hixson to consider was whether under all the circumstances he was exercising ordinary caro and diligence in the custody of this money. 

It seemed to the committee that under all the circumstances, supported, as the claim is, by the report of the Paymaster-General of the 

Army, the case is one in which relief should be granted. Mr. STARKWEATHER. Was this room in the boarding-house 

occupied by Major Hixson under assignment from the quartermaster, or did Major Hixson rent it from the person keeping the boardinghouse 'I · Mr. ALBRIGHT. It was a room which he rented and occupied himself when he came to Charlest.on. 

Mr. G. F. HOAR. Does it appear who wa-s the person who asked 

Major Hixson "whether he had made a raise of greenbacks¥" 

Mr. ALBRIGHT. It was some person that wa in the house. 

Mr. G. F. HOAR. Wa.s it Major Wingard 'I 

Mr. ALBRIGHT. No, sir; it was some person who was in the hall 

of the house, as he passed through. · Mr. STARKWEATHER. If other parts of the same building were occupied by other paymasters, why could not Major Hixson h ave left 

the money in their charge 'I Why could he not have taken it to some other room, or carried it with him 'I When there were other paymasters, occupying adjoining rooms in the same building, why should 

this man have left this money in his room with no one in charge of it 'I 

Mr. ALBRIGHT. The gentleman supposes that paymasters in the 

Army are always in their rooms. That is a mistake. They are gen- erally with troops, or making arrangements to pay them. These other 

paymasters were not in their rooms; a.nd there was nobody to whom 

Major Hixson could intrust this money. It wa in his own room, 

which he paid rent for; and he had it under lock and key. He placed 

this baggage in his room until he could procure assistance for going 

to the boat. :Mr. HOLMAN. I move to strike out the enacting clause of the bill. 

Mr. LAMPORT. I would like to say a few words on this subject. 

Mr. HOLMAN. I will withdraw my motion temporarily to allow 

the gentleman to proceed. 

Mr. LAMPORT. Major Hixson, a gentleman with whom I a.m. well 

acquainted, comes to Congress in the first place sustained in reputation by certificates of the best men in the portion of the State in 

which he resides. ThiB was very proper, because the facts upon 

which the tClaim is based depend in a great ID{3asure upon his own testimony. Major Hixson proposed fust to go to the Court of Claims; 

but he found he was excluded from that tribunal bv the statute. 

Therefore he comes to this House sustained, as I have ali-eady said, by 

certificates of character from the be t men of We tern New York. I 

myself, in my humble way, ,can indore him, because he lives within a few miles of my re idence. He pre ent his case upon the simple 

statement of facts, a related by the honorable gentleman from Pennsylvania, [1\Ir. ALBRIGHT.] 

Now, I submit t hat no faithful public officer ought to be presumed, 

in this House or anywhere ,else, :to be a dishonest man. I submit that 

under the ch·cu.mstances wbieb surrounded paymasters ill the Army 

during the war, we .cannot .expect that they should hav<e exerci ed 

the same measure of discretion and prudence that might have been 

exercised at other times and under other circum tances. Major Hixson, in hi~'> statement before the commi tee, explained very clearly, to 

my mind, why he did not make more ado about his having money in 

his custody. It was understood by the payma ters that the les they 

said. about having money with them the safer they were. This bundle of money which, was perhaps the size of half a bushel, was put 

by this officer in his carpet-bag. He put four packages on one sid{3 

and buttoned it up; he then put one package in the othoc side, being 

$10,000; and this side of the bag not being buttoned, and therefore more accessible, is probably the reason why no more than t his one package was stolen. The thief evidently watched for his opportunity, an9, when Major Hixson had stepped out for a moment or two 

turned the key, took this package, and left. Undoubtedly the thief was a man who was followed by the detective up into the State of 

Connecticut, where he opened an establishment of ill reputation, having apparently plenty of money. He was arre ted and brouO"ht down 

by the detective, and was kept in pri on for months, whe~, upon a hearing on habeas corpus, it was determined that there was not sufficieJ?,t proof to convict him. 

In consiclering this case, we must take into view the peculiar cir:- cumstances; that there was a condition of war, and that these paymasters were obliged to carry large amounts of money from place to pla~e, avoiding notoriety a much as po ible. Some gentlemen a k, 

why did not this man put the money in a afe 'I Wh.ere could he have 

found a afe 'I It has also been a ked why he did not call in a guard. He might have done that; but was that ordinarily done by such offi- cers 'I By no means. He occupied a room in a building in which 

Colonel Wingard, another paymaster, had a room. Major Hixson left 

his room for a few minutes to make preparations for going to Savan- nah; and leaving the room for so short a time, no man could expect 

him to go about the city to ti.nd a safe in which to put this money. 

It may not have been the most prudent thing for him to have done; 

he may not have exercised all the prudence which could have been suggested; but I submit to tills House whether it would be right to 

impose upon this officer, faithful as he h as been in the discharge of 

his duty, indorsed a he has been by every Army officer who has been 

brought into contact with him, the payment of this 10,000 of which 

he was robbed while in t he performance of his d uty, exercising all the 

due diligenne which he could command for the afety and protection 

of the public funds confided to his care. I reo-ret very much to find 

gentlemen in this House charging every offici:S who hap11ens to come here for relief, never mind bow good a record he may have had, with 

being a scoundrel It seems to me t he exp rience of members of Congress ought to have taught them a different lesson. If we were to 

take the judgment of the newspaper pre throughout the cmmtry as final, members of CongresR were themselves the greatest scoundrels in 

reference to a certain measure providing for back pay. [Laughter.] 

.A. MEMBER. The gentleman refers to the last Congress. 

Mr. LAMPORT. Excuse me in that matter, many of the new mem- bers, who were not in the last Congress, seem to have been in the same difficulty exactly as the members of the la-st Con~re s. 1\Ir. HOLl\f..A.N. I move to strike out the enacting clause. 

The committee divided; and there were-ayes 54, noes 47; no quorum voting. 

The CH.A.IRl\I.A.N appointed Mr. HoLMAN and Mr. ALBRIGHT as t-ellers. 

The committee agam divided; and the tellers reported-ayes GO, noe 40 ; no quorum voting. 

The CH.AIRM.A.N. No quorum voting, the Chair will be compelled, 

under the rule, to have the roll called and the names of the absentees 

reported to the Rouse. The Clerk will read the rule. 

The Clerk read as follows: 

Whenever the Committee of the Whole House on the state of the Union, or the 

Committee of the Whole House finds itself without a quorum, the chairman shall cause the roll of the Honse to be called, and thereupon the committee shall rise, 

and the chairman shall report the names of the ab en tees to the House, which hall 

be entered on the J ournaJ, (Rule 126.) And as soon (after rising for such purpose) a.s a, quorum is ascertained to be present, the House must return into committee. 

Mr. SENER. Will not a motion that the committee rise obviate 

that call of the House Y 

The CHAIRMAN. It will not; the call of the Hou e must proceed under the rule. 

Mr. HAWLEY, of illinois. This call will consume a great deal of 

time, and I hope we will be allowed to go into the House with the 

bills which have been already a~ted on, so they may be disposed of 

this evening. 
1874. CONGRESSIONAL RECORD. 1709 

Mr. RANDALL. I suggest to the gentleman from Indiana to waive 

his motion to strike out the enacting olause so we may rise and report 

other bills. 

The. Clerk proceeded to call the roll, and the following members 

fulled to answer to their names : 

MessrS". Adams, .Arthur, A.she, Atkins Banning, Barry, Begole, Bell, Berry, Bland, 

Bradley-1. Bri~ht, Buckner, C~, Amos cl1.rk,jr., J"ohn B. Clark, jr., Freman (/larke, Clinton L. Coob, Coburn, Commgo, Cook, Creamer, Crocker, Crutchfield, Curtis, Dar- rail, Alexander M. Davis, John J. Davis, Dawes, De Witt, Duell, Eden, Eldredge, 

Elliott, Farwell, Eugene Hale, RobertS. Hale, Harmer, J olm T. Harris, Havens, John 

B. Hawley, Hays, Gerry W. H~elton, Hendee, Hereford, Her ey, Hod "'es, Holman, 

Hooper, Hubbell, Hunton, Hurlbut, Hynes, K elley, Kello~g, nda~ Killinger, 

Knapp, Lamar, Lamison La.nsinp;, Leach, Lewis, Loughriuge, Lowndes, Luttrell, 

Magee, Marshall, Alexander S. McDill, Mitchell, Moore, Morey, Morrison, egley, Nesmith, Nunn, O'Neill, Packard, Packer, Paae, Isaa.c C. Parker, Parsons, Pelham, Phelp , Phillips, Pierce, James H. Platt,jr., Thomas C. Platt, Pol:1ndJ.. Potter, Pratt, Purnam, Rapier, Rawls, William R. Roberta, James W. Robinson, ::;heldon, Sherwoocl, Lazarus D. Shoemaker, Sloss, Geor"'e L. Smith, J. Ambl~r Smith, William 

A. Smith, Snyder, Sprague, Standeford, §rephens, Stone, Strait, Swallll, Sypher, Taylor, Thomas, Todd, Tremain, T~ r, Waddell, Wa;Jls, MarcusL. Ward,.~ells, 

Wheeler, White, Whitehouse, Whiteley, George Willard, Charles G. Williams, 

Wilshire, Wolfe, Wood, Woodford, a.nd Woodworth. 

The committee rose; and the Speaker havingre umed the chair, Mr. 

ORTH reported the Committee of the Whole Hou e, having the Private 

Calendar under consideration and :finding itself without a quorum, 

had caused the roll to be called and directed him to report the names of the absentees to the House. 

The SPEAKER. The call of the roll shows the presence of one hundred and fifty members, more than a quorum, and the committee will 

resume its session. 

The committee resu.IDed it session, (Mr. ORTH in the chair.) 

l\fr. RANDALL. 1 move the committee rise and report the bills 

which have been already acted on. Mr. HOLMAN. The committee were dividing on my motion to 

strike out the enacting clause on the Hixson bill, and I would like to 

know whether it is in order to move the committee rise while the 

House isJ!"'?~fJn my motion to strike out the enacting clause. 

The C . ..A motion to rise, like a motion to adjolirn, is 

always in order. 

Mr. HOLMAN. Is it in order for the committee to rise when it is 

dividin f 1 

Mr. RgANDALL. There has been intermediate business. 

Mr. HOLMAN. There has not been and could not be any intermediate business. 

The CH..AIRMAN. In reference to the point of order raised by the 

gentleman from Indiana, the Chair will observe that while the com- mittee was dividing it found it elf without a quorum; but on a call 

of the roll it was a certained that a quorum was pre ent ; and that 

fact having been reported to the House, the House again immediately 

returned into committee a a matter of course. The matter stands 

precisely as if no division had taken place; and the motion to rise 

takes precedence. 

Mr. RANDALL. That is, the motion to rise and report the bills 

which the committee ha-s eli posed of' 

The CH..AIRM..AN. Preci ely. l\fr. H..A WLEY, of lltinoi . I aga-in raise the point of order that on the call of the roll I did not hear my name called. 

The CH..AIRMkN. That cannot be taken notice of in the committee. 

The motion that the committee rise and report its action to the 

House wa-s agreed to. 

The committee accordingly rose; and the- Speaker having resumed 

the chair, Mr. 0RTH reported that, in pursuance of the order of the 

House, the Committee of the Whole had had under consideration the 

Private Calendar; and h:Hl' directed him to report the bill (H. R. No. 

141) granting a pension to William Swanzey with the recommendation that it be laid on the table, and sundry other bills with the 

recommendation that the same be pa sed, some with and some without amendments. PERSONAL EXPLANATION. 

Mr. RANDALL. I de ~.~ with the lea.ve of the House, to make a personal statement. It will hke but a few moments. 

There was no objection. 

Mr. RANDALL. In some remarks which I made in this House on the salary question, I stat-ed that Mr. Chester D. Hubbard, a member 

of the Thirty-ninth. Congress, had stated that he would not take his 

increa ed pay, but had subsequently recanted and taken it. I made 

that statement upon. what I deemed to be full and just authority for 

it, which I will ask the Clerk to read. 

The Clerk rean as follows: 

TREASURY OF Til» U:NITED STATES, CASH DIVISION, 

Washington, DecemJJer 10, 1873. 

Sm: In reply to yours of this date making inquiries in r eference to the pay of 

Hon. C. D. Hubbard, a. member of the Thir~-ninth Congress, I beg to say that this 

office has no record of th~ paym.enta for this Congress the vouchers having been 

forwarded to the- accounting officers; and the book referred to by you is probably on file in the office of the Register of the Treasury. 

Very respectfully, 

L. R. TUTTLE, 

Assistant Treasurer United States. Hon. N. G. ORDWAY, 

Sergeant-at-Arms House o.fReprestmtatives. 

Mr. RANDALL. Tlie Clerk will. all;o be kind enough to read the indoT~me:nt <'m the back of the l~tter. 

The Clerk read as follows : 

REGISTER'S OFFICE, TREASURY DEPARTMENT, 

December 10, 187'J. 

The books on file in this office show that Hon. C. D. Hubbard, of W est Virginia, 

received his pay at the rate of $5,000 per allllum for the Thirty-ninth Con~ress. 

N. B. W ALK.ER, 

(For Register.) 

Mr. RANDALL. Subsequently my attention was caned to this quesJ..· tion, and I found that I was mistaken. It will be noticed that the 

..A ist.ant Treasurer of the United States a-sserts in the lette:t wnieli 

has been read that he has n-o record of t he payments for the Thirtyninth Congress, and refers to the Register's office ; and the statement 

from the Register's office is that the full amount wa-s paid. :But I 

have since made a full examination of the matter, and have been 

furnished with the receipts, which were signed by F. E. Spinner 

United States Trea-surer. The first se sion of the Thirty-ninth Congre adjourned July 28, 1866. My object now is to place on file the 

two receipts given to Mr. Hubbard, so as to counteract any injurious 

impression my first statement may have made with refe1renee-to tbat 

gentleman. .And I do it with the more pleasure becau e it never wa,s. 

my intention to misrepresent him or any one upon this floor, and also 

because I have been approached in this matter with th~t coudiesy 

which should always prompt any man seeking simple justice at the 

hands of another desiring, as I desire, to do justiee. .I wish t o add just one word. :Mr. Hubbard by his action covered, on ..August 9, 1866. and March 6, 1867, that money into the Treasury, 

and he could not get it out again without an act of Congress. 

The receipts to which I have referred are as follows: 

No. 793.) TREASURY OF THE- UNITED STATES, 

.A. ugust 9, 1866: 

I certify thatHon. C. D. Hubbard, M. C., has this day deposited to the credit of 

the United States · 2,691.66, account of appropriation, mileage, and compensation 

of members of House of Representa.tiYes, for which I have signed duplicate r eceipts. 2,691.66. F. E. SPINNER, 

Treasurer United States. 

No. 548.] TREASURY. OF THE UNITED 8T.ATEB,-

M 071'Giv 6, 1867t 

I oortify that Hon. C. D. Hubbard has this day deposited' to the credit of tb:e. United States $931.92, account appropriation, mileage, a.nd compensation Hone&-of 

Representatives, for which I have signed duplicate receipts. _ . $931.92. L. R. TUTTM, . Assistant Treasurer United States. 

WILLIAM SWANZEY. 

The first business reported from the Committee of the Whole on the Private Calendar wa the bill (H. R. No. 141) granting a pension 

to William Swanzey. The committee recommended that the same be 

laid upon the table. 

The report of the committee was a,greed to, and the bill was laid on the table. HENRY S. WELLES. 

The bill (H. R. No. 1759) was reported from the Committee of the 

Whole on the Private Calendar with the following amendment: 

Strike out these words: "being the amount found. due- in the settlement of his 

account-s, as authorized by the Secretary of War," and insert " which said sum shall be in full satisfaction to said Welles for all claims referred to in the report 

and recommendation from the Secretary of War." 

The amendment was agreed to. 

The bill as amended was ordered' to be engrossed for a third rean- ing ; and being engrossed, it was :wcordingly read the-third time, ·and 

passed. 

Mr. CONGER moved to reconsider the vote by which the bill was pas ed; and also moved tha,t the motion to reconsider be laid on the 

table. The latter motion was a,greed to. 

BILLS PASSED; 

The following bills, reported without amendment from the Committee of the Whole on the Private Calendar, were severally orderecf 

to be engrossed ; and bein()' engrossed, were read the third time and 

pas ed; motions to reconsider the votes by which they were severally 

passed being also laid on the table : ..A bill (H. R. No. 1587) for the relief of William H. Pilkenton, late a second lieutenant in Company G, l!'ifth Regiment Indiana Volunteers; 

A. bill (H. R. No. 1589) for the relief of Henry Savage, acting charge 

d'affaires of the United States in Guatemala from May 7, 1856, to 

November 14, 1858; 

..A bill (H. R. No. 526) for the relief of James De Long·; 

..A bill (H. R. No. 1271) for the relief oi John T. Watson, of Cincin-' 

nati, Ohio; · ..A bill (H. R. No. 1763) to permit Edward' Savage, of Minnesota, to 

enter one quarter-section of the public lands,. or any legal subdfvi.sion 

of the same; 

.A. bill (H. R. No. 1768) for the relief of Ephraim P. Showalter· 

..A joint resolution (H. R. No. 53) authorizing the issue of clothlng 

to certain enlisted men of. the ..Army ; 

A bill (H. R. No. 363) for the relief of Luoius .& -Rountree; 

A bill (H. R. No. 368) for the relief· of James Bong_; ..A bill (H. R. No.1779) for ths relief'of Willin.m E. €hilds•; 

A bill (H. R. No. 49 ) to settle the accounts of Captain,.&. B! Dyer; 
1710 CONGRESSIONAL RECORD. FEBRUARY 21, 

A bill (H. R. No. 622) for the relief of John N. Newman, late an acting :f:ir8t lieutenant of Company B, Ninth Tennessee Volunteer 

Cavah-y; 

A bill (H. R. No. 1770) for the relief of Jonathan L. Mann, late a 

chaplain in the volunteer service of the Arn;ty ; . A bill (H. R. No. 1771) for the relief of RICe M. Brown, a soldier of 

the Mexican war; and 

A bill (H. R. No. 1772)for thereliefof William N. Williams, late a second lieutenant of Indiana Volunteers. .... 

SAMUEL E. RANKIN. 

The Committee of the Whole also reported, with a recommendation 

that the same do pass, a bill (H. R. No. 1773) for the relief of Su,muel 

E. Rankin. 

The question wa.s upon ordering the bill to be engrossed and read a 

third time. 

Mr. 'HOLMAN. I ask that the report accompanying this bill be 

rea-d. 

Mr. ALBRIGHT. I have sent for and obtained papers which I 

think will satisfy the- gentleman. 

Mr. HOLMAN. Let them be read. 

The Clerk read as follows : 

(Special Orders, No. 65.-E:x:tr~t.] 

w .AR DEP .ARTMENT, .ADJUTANT·GENERAL'S OFFICE, 

Washington, February 13, 1866. 

3 First Lieutenant Samuel E. Rankin, Ninth Tennessee Cavalry, is hereby mus- te~d out and honorably discharged the service of the United States, to date September 11 1865 his command havin"' been mustered out at that date, by reason of 

its serviOOs belng no longer requir~. H~ will .receive no final payments until he has satisfied the Pay Department that he IS not rndebted to the Government. 

By order of the Secretary of War: 

E. D. TOWNSE}.TD, Assistant Adjutant-General. 

(Special Orders, No. 41.-Extract.] 

w .AR DEPARTMIDI"r, ADJUTANT-GENERAL'S OFFICE, 

Washin,gtcm, January 25, 1867. 

9. So much of Special Orders No. 65, paragraph 3, February 13,1866, from this office, as mustered out and honorably discharged l!1rst Lieut-enant Samuel E. Rankin, 

Ninth Tennessee Cavalry to date September 11, 1865, is hereby amended to discharge him to date October 15, 1865, he having been retained in service to that date 

under proper authority. 

By order of the Secretary of War: 

E. D. TOWNSEND, 

Assistant Adjutant· General. 

[Special Orders, No. 13.-E:x:tract.] 

HEADQUARTERS, DISTRICT OF EAST TENNESSEE, 

Chattanooga, Tennes ee, January 29, 1866. 

2. * * Lieutenant San1uel E. R.'Ulkin, Ninth Tennessee Cavalry, will 

proceed to Nashville, Tennessee, and r eport to the chief commissary of must-ers, for muster out. The Quart-ermaster's Department will furnish transportation. 

By order of Major-General A. C. Gillem: 

J. M. SOUTHARD, 

Lieutenant and Aide de Oamp, and ActingAssistant Adjutant-Gew.ral. 

fSpeciaJ. Orders, 'No. 23.-E:x:tra~t.] 

HEADQUARTERS MlLrrARY DIVISIO • OF THE TENNESSEE, 

Nashville, Tennessee, Febr-uanJ 1, 1866. 

3. FirstLieutenant San1uel E. Rankin, CompanyB, Ninth Tennes ee Calvary, will 

proceed to his home at Mossy Creek, Jefferson County, Tenne see, and there await 

the completion of his muster-out rolls. Quartermaster's Department will furnish 

necessary transportation. 

By Command of Major-General Thomas: 

ROBERT H. RAMSEY, 

Assistant Adjutant-General. 

Mr. HOLMAN. I call especial attention to the second paper which 

has just been rea-d. 

Mr. ALBRIGHT. The date of that order is J anuary 25, 1867. 

Mr. HOLMAN. This man is mustered out, to take effect on October 5, 1865. It is now proposed to pay him from that time until February 13,1866. Is thegentlemanfromPennsylvania [Mr. ALBRIGHT] 

authorized to say that he was engaged in any military service during that time 'I 

Mr. ALBRIGHT. The last order was not received until February, 

1866. In the mean time the commanding officer of the army in Ten- nessee furnished him with transportation to go home and remain 

there until mustered out, as it wa-s not known that there waa any 

order mustering him out. When the amended order of the War Department came, he reported to the muster-out officer and was mustered 

out. But he waa held in service durin~ this time; and it is but simple 

justice and equitythat he should bepatd duringth~time he wa.sheld 

in service and subject to military duty. 

Mr. HOLMAN. Does the gentleman from Pennsylvania undertake to say that this man waa rendering any military service during 

the time for which it is proposed to grant him this pay 'I 

Mr. ALBRIGHT. I say that there are the orders of his superior officers showing that he was subject to military duty; that he was not mustered out, and that he had not received permission to proceed home. 

Mr. HOLMAN. But during this interval between October and February, was he not adually at home 'I . 

Mr. ALBRIGHT. No, sir; he was not. 

Mr. HOLMAN. Where was he'l 

Mr. ALBRIGHT. He W'lB a.t Nashville. 

Mr. HOLMAN. But he was not rendering any military service. 

Mr. ALBRIGHT. He was on duty. He reported there to a military officer. On the 11th of September his regiment was mustered 

out of service, and it was supposed then that he was mustered out 

with the regiment. But it was not so. The War Department in October issued an order that he should be paid for the time between 

September 11 and October 5. 

1\fr. HOLMAN. And he was paid T 

1\fr. ALBRIGHT. He was paid up to that time; but he was not 

discharged ; and the order for that payment did not rea-ch him until 

February. . 

l\1r. SPEER. \Vhat service did he perform from the time up to 

which he was paid until the time he was discharged 'I 

Mr. ALBRIGHT. I cannot say, except that he was subject to militai-y orders and military command. 

:Mr. SPEER. There was no war then 'I 

1\fr. ALBRIGHT. Yes, sir. 1\fr. SPEER. Where he was 'I 

Mr. ALBRIGHT. Yes, sir, where he was. There were troops there. 

Mr. SPEER. I move that the House adjourn. 

1\fr. ALBRIGHT. I did not yield the floor. I move the previous 

question on the bill. 

1\fr. SPEER. My motion to adjourn is pending. 

1\fr. ALBRIGHT. I did not yield the floor for any such motion. 

The SPEAKER. Gentlemen need not dispute upon such a point, 

because the moment a gentleman demands the previous question and 

yields the floor, a motion to adjourn is in order. Undebatable mo- tions can never clash. · 

1\fr. SPEER. The Chair is always right in these matters. I would 

not for a moment suppose the contrru-y. · 

The SPEAKER. The ~entleman from Pennsylvania [Mr. ALBRIGHT] demands the preVlous question; and pending that motion, 

the gentleman from Pennsylvania [Mr SPEER] moves that the House 

adjourn. 

Mr.· SMITH, of Pennsylvania. I ask unanimous consent to introduce a bill. 

Mr. MAYNARD. I call for the regular order. 

The question being taken on the motion to adjourn, there were- ayes 42, noes 59. 

So the motion to adjourn was not agreed to. 

Mr. HOLMAN. Has a quorum voted 'I 

The SPEAKER. A quorum is not necessary to a-djourn or to refuse 

to adjourn. . 

Jl.!r. SPEER. But when on a motion to a-djourn the fact is disclo ed that no quorum is present, can-the House proceed with busine 'I 

The SPEAKER. The vote upon the next motion will require a quorum. It will be time enough to raise that question when the 

vote is taken. The question is on seconding the demand for the pre- vious question. 

Mr. SPEER. On that motion I call for tellers. 

Tellers were ordered; and 1\ir. ALBRIGHT and Mr. SPEER were ap- pointed. 

The House divided, and the tellers reported-ayes 119, noes 30. 

So the previous question was seconded. 

The main question was ordered; ~nd under the operation thereof 

the bill was ordered to be engrossed for a third reading ; and being 

enQTossed, it was accordingly read the third j;:ime. 

The question being taken on the passage of the bill, there were- ayes 118, noes 28. 

· So the bill was pa.ssed. 

1\ir. HOLMAN. I rise to a privileged motion. I move to reconsider 

the vote just taken. 

1\Ir. CONGER. I move to lay that motion on the table. 

1\Ir. HOLl\IAN. I have not yielded the floor. I desire to say a word on the motion. I apprehend, Mr. Speaker, that in the confusion of 

the Committee of the Whole the point presented here has not been 

carefully considered by members of the House, and that a dangerous 

precedent may be set by our action upon this bill. 

Mr. SENER. I a k whether the gentleman making this motion to 

reconsider voted in the affirmative¥ 

The SPEAKER. There being no record, the Chair does not know 

how any gentleman voted. 

I\!r. ELDREDGE. If the gentleman from Indiana [Mr. HOLMAN] 

will yield to me I will move that the House adjourn. 

Mr. G. F. HOAR. I wish to inquire what is the pending question. 

The SPE.AKER. The bill having pas ed, the gentleman from Indiana [Mr. HOLMAN] moves to reconsider the vote by which it was pas ed. The motion to reconsider of course opens the whole question 

for discussion in the widest sense. 

Mr. ELDREDGE. We can pass this bill at any time. I hope the 

gentleman will yield for a motion to adjourn. 

Mr. HOLMAN. The orders relied upon as part of the proof in this case have come before the House at the last moment. As member are aware, these order were not before the Committee of the Whole 

at all. There has been no opportunity to examine them. There are gentlemen on this floor who believe that this is not a valid claim 

against the Government, and that those orders upon exam]nation 

will so show. Though other gentlemen may be satisfied of the justice of the case, I hold that each member is re ponsible for his own action and is entitled to an examination of these papers. If they 

should be ascertained to be what the gentlem.au from Pennsylvania 
1874. CONGRESSIONAL RECORD. 1711 

(in whose ability and integrity I have the utmost confidence) upon a hmried examination thinks they are, I presume there will be no objection to the passage of th~ bill. But w_e de ire an opport~ty to 

look into tho e orders. I will therefore YJ.eld the floor to a motion to 

adjomn if there be no objection. 

The SPEAKER. If the gentleman from Indiana should conclude 

to withdraw his motion to reconsider, that will pass the bill. 

The gentleman from Michigan [:Mr. CONGER] asks unanimous con- sent that the only remaining bill reported from tho Committee of the 

Whole on the Private Calendar, a bill (H. R. No. 1774) for the relief 

of Matthias Whitehead, be taken up and acted on at this time. · Mr. M.A.YN.A.RD. I object. I am perfectly willing the matter should 

be acted on when it comes up in its order. 

The substance of these orders was stated in the report of the Committee on Military .Affairs. 

Mr. ELDREDGE. I insist on the motion to adjourn. 

DAVID R. DILLON. 

On motion of Mr. YOUNG, of Geocgia, by unanimous consent, leave was granted for the withdrawal from the files of the House of the 

papers in the case of David R. Dillon. 

Mr. FORT stated that his colleague, Mr. MORRISON, was unavoidably 

absent from the session to-day, being confined to his room by illness. 

Mr. ELDREDGE. I move the House adjourn. 

The House divided, and there were-ayes 61, noes 49. 

Mr. HOLMAN demanded tellers. 

Tellers were ordered, and the Speaker appointed Mr. HOLMAN and 

Mr. ~fAYNARD. 

The House again divided; and the tellers reported-ayes 70, noe 48. 

So the motion was agreed to ; and the House (at five minutes to five 

o'clock p . m.) adjourned until Tuesday next. · 

PETITIONS, ETC. 

The following memorials, petitions, and other papers were presented 

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

By Mr. BARBER: The petition of W. B. Baxter and others, druggists, of Grant County, Wi cousin·, for the repeal of the stamp tax on medicines, to the Committee on Ways and Means. 

By Mr. CORWIN: The petition of citizens of Peru, illinois, that 

theN orthwestern Railroad Company may be required to permit trains 

from other roads to use the bri<lge at Clinton, Iowa, upon fair terms, 

to the Committee on Commerce. 

.A.lso, the petition of citizens of La Salle, Illinois, of similar import, 

to the Committee on Commerce. 

By Mr. E..A.MES: The petition of Ebenezer S. Chee ebro, of Bristol, 

Rhode Island, for al'fears and increase of pension, to the Committee 

on Invalid Pen ions. 

By Mr. ELDREDGE: Paper relating to the application of B. G. 

Welch, of Fond <lu Lac, Wisconsin, for relief for the loss by fire of 300 

in United States Treasury notes, to the Committee on Claims. 

By Mr. F .A.R"WELL: The petition of Margaret Patterson, for a pension, and for pay due her decea ed son, William J. Patterson, to the 

Committee on Invalid Pensions. 

By Mr. FIELD: The memorial of theW ayne County Medical Society, 

of Michigan, relati.ve to rank and promotion in the Medical Corps of 

the Army, to the Committee on Military .Affairs. 

By Mr. McKEE : The petition of William Cameron, for the payment 

of the French spoliation claims, to the Committee on Foreign .Affairs. 

By Mr. ORTH: The petition of citizens of Warren County, Indiana, 

for free banking and increase of currency, to the Committee on Bankin()" and Currency. ]3y Mr. POLAND: The petition of Luman Case, of Bristol, Vermont, 

for a pension, to the Committee on Revolutionary Pensions and War 

of 1 12. 

By Mr. SHANKS : Paper relating to the claim of Philip Pendleton, 

late paymaster United States .Army, to the Committee on Military 

.Affairs. 

By Mr. SHELDON: The petition of H. M. Whittemore, for payment 

for occupation by the United States of a building belonging to him in 

Indianola, Texas, to the Committee on War Claim . By Mr. SMITH, of New York: The petition of citizens of Steuben 

County, New York, and Tioga County, Pennsylvania, for a post-route 

between Addison, New York, and Nelson, Tio~a County, Pennsylvania, to the Committee on the Post-Office and .t'os1r.Roads. 

By Mr. WILBER: The petition of hop-growers of Otsego County, 

New York, for an increase of duty on hops, to the Committee on Ways 

and Means. 

IN SENATE. 

MoNDAY, February 23, 187 4. 

Prayer by Rev. E. D. OWEN, of Washington, D. C. 

The PRESIDENT pro tentpm·e. The Secretary will read the J om- nal of the proceedings of Friday last. 

Mr. ANTHONY. Mr. President, the country celebrates to-day the 

birth of the ~rande t character in its hi tory. I has not been cus- tomary, I believe, for the Senate w sit, UI)..le s at the short session, 

or when uncommonly pressed with business, upon the birthday of 

Washington, which occurred yesterday, and is commemorated to-day. 

I move, therefore, that the Senate do now adjourn. 

The PRE IDE:NT pro tempore.. The Senator from Rhode Island moves that out of respect to the Father of his Country the Senate do now adjourn. 

The motion was agreed to; and (at twelve o'clock and three minutes p. m.) the Senate adjourned. 

IN SENATE. 

TUESDAY, February 24, 1874. 

Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. 

The Jomnal of yesterday's proceedings was read and approved. 

EXECUTIVE COl\1MU1\'ICATIO ~s . 

The PRESIDENT pro tempore laid before the Senate a letter of 

the Secretary of \Var, transmitting, in compliance with a resolution of 

the Senate of the 5th instant, a report of the Chief of Engineers as to 

the condition of the breakwater at DuLuth, and the amount necessary 

to put the same in repair; which, on motion of Mr. RAMSEY, was referred to the Committee on Commerce, and ordered to be printed. He also laid before the Senate a letter from the Secretary of the 

Interior, tran mitting, in compliance with a resolution of the Senate 

of the 27th ultimo, information in relation t-o the treaty of February 

22, 1855, with the Chippewa Indians, and the proceedings Ullder the 

act of June 8, 18i2, entitled "An act to perfect certain land titles 

therein described;" which was referred to the Committee on Printing. 

PETITIO.r S AND I!EMORIALS. 

The PRESIDENT pro ternpore presented the memorial of Bradly & 

Metcalf, an<l many others, merchants and manufacturers of Milwaukee, Wiscon in, remonstrating against any expansion or inflation of 

the currency· which was referred to the Committee on Finance. 

The PRESIDENT pro tmnpore. The Chair also presents a memorial 

of the 'Wiscon in Leather Company, Cramer, Aikens & Cramer, .A.. M. 

Thomson, and many other citizen of filwaukee, which is brief, and 

the Chair will read it: 

Your memorialists, citizens of the city of Milwaukee, in the State of Wisconsin, 

respectfully petition -that the national ban king act be so amended as to forbid all 

banks from paying or receiving interest on balances ; to require all banks to keep 

their own reserves and surplus in their own vaults, thereby preventing the accu- mulation of the funds of the rountry in one center, and cansmg it of necessity to be 

loaned for the wildest speculative pn.rpo es, to the great injury of all legitimate 

business; also, toforbiu all banks malting any on demand or call loans, for the reason that no legitimate buRiness can be oonuuctetl on money borrowed on call, and that 

all such loans are made only for speculative purposes and for wild stock-gamblin~, 

thereby demoralizing our finances and diverting money from the uses for which 1t 

was intended, to wit, the conducting the legitimate busine s of the country; and 

your petitioners will ever pray. 

The memorial will be referred to the Committee on Finance. 

Mr. HOWE. Is that a petition signed by a single firm t 

The PRESIDENT pro tempm·e. 0, no; it is signed by many. It is 

signed by the Wit>consin Leather Company, Cramer, .Aikens & Cramer, 

Hon. A. :M. Thorn on, Smith & Chandler, F . F . Adams & Co., .A.. Dahl- man & Co., Timothy Dore, John Plankington, and a large number of 

the most prominent and influential business men, merchants and manu- factmers, of Mil waukee. 

Mr. HOWE. Those are very respectable names. The PRESIDENT p1·o t-empore. T)le memorial will be referred to 

the Committee on Finance. 

Mr. SCOTT presented resolutions of the select and common councils 

of Philadelphia, approved February 20, 1874, protesting against the 

passage of the act authorizing the lease of the Old Lazaretto site on Schuylkill River, Philadelphia, for a powder magazine; which were referred to the Committee on Military Affairs . 

fr. R.A.M.SEY presented a joint resolution of the Legislature of the 

State of Minnesota, in relation to the sale of timber on the school and 

swamp lands embraced in the Red Lake and the Leech Lake Indian 

reservations in that State; which was referred to the Committee on Public Lands. · He also pre en ted the petition of a number of letter-carriers of Boston and other cities in New England, prayin~ for an increase of com- pensation; which was referred to the Comm1ttee on Post-Offices and 

Post-Roads. He also pre en ted a joint resolution of the Legislatme of the State 

of Minne ota, in favor of a post-route in the counties of Lyon, Yellow 

Medicine). aml Lac qui Parle; which was referred to the Committee on Post-uffices and Post-Roads. 

Mr. HAMILTON, of Texas, presented the petition of M.argaret .A.. 

Hoffner, widow of Richard J. Hoffner, late acting master United 

States Navy, asking to be allowed a pension; which was referred to 

the Committee on Pensions. 

:Mr. EDMUNDS presented a memorial of citizens of Chatham 

County, North Carolina, remonstrating auainst the passage of the 

bill providing for detaching Chatham an'a other count.ies from the 

westeru judicial district of that State,. and adding them to the ea-st- ern judicial district· of he same State; which was referred to the 

Committee on the Judiciary.