1360 CONGRESSIONAL RECORD-HOUSE. FEBR.U.ARY 4, 

Congress shall have any contract with the United States. A great 

many years ago, and under administrations which were much purer, 

if I am to suppose that my friend from Kentucky is.right, than this 

one is, and at times when Senators and Representatives were much 

pnrer than they are now, if I am to suppose his statement to be correct, a member of Congress was invilied by a Department to defend the interests of the ·United States in a cause pending in the State of Ohio, 

and the question whether he could be employed was referred to the 

then A-ttorney-General of the United States. He reported upon it, and 

said: "Here is this statute which says that no member of Congress shall 

be interested in any contract with the United States. Your retainer as an attorney for the United States to prosecute a crime against it in 

your district is a contract; you can not do it." So it has been followed 

evtrr since with one or two exceptions, which were rare. Now we come in with a lawwhich;by implication, as I think, repeals that. I do not 

object to it, because I am not in favor of this measure at all. It is a disgrace to the Senate, as I think, but the present form really improves, 

so far as self-interest goes, the status of the bar. 

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

The PRESIDENT prQ tempore. The question is, Shall the bill pass? 

Mr. BECK. I desire to have the yeas and nays on the passage of 

the bill. There is now nothing in the bill that I care about much, 

but the House of Representatives may put something in it, and I want 

to give them a chance by sending it to them. 

The yeas and nays were ordered; and the Secretary proceeded to call 

the roll. 

Mr. DAWES (when his name was called). Understanding that the 

Senator from Texas [Mr. MAXEY], who is absent, and with whom I am paired, would vote "yea," I shall vote "yea." . Mr. KENNA (when his name was called). I should vote "yea," 

but I am paired with-the Senator from New York [Mr. MILLER]. 

Mr. PALMER{when his name was called). I understand from the 

Senator from North Carolina [Mr. RANSOM] that if his colleague [Mr. 

V .ANCE] were here he would vote "yea." I have been paired with 

the Senator from North Carolina [Mr. V .ANCE] throughout the day on this question. I therefore vote 1 

• yea.'' 

The roll-call was concluded. 

Mr. PLUMB. On this question I am paired with the Senator from 

Georgia [Mr. BROWN]. If he were present, I should vote "yea." 

Mr. COKE. My colleague [Mr. MAXEY] is absent and is paired 

generally with the Senator from Massachusetts [Mr. DAWES]. My 

coUeague would vote "yea" if he were present. 

Mr. EDMU'ij"DS. I am paired with the Senator from Tennessee 

[Mr. HARRIS]. Ifhe were present, I should vote "nay." 

Mr. COCKRE.LL. I am paired with the Senator from Connecticut 

[Mr. PLATT]. If he were present, he would vote "yea," and I should 

also vote 1 'yea.'' I therefore Tote. 

.1\fr. McMILLAN. My colleague [Mr. SABIN] is absent from the 

city, and is paired with the Senator from West Virginia [Mr. CAMDEN]. 

The result was announced-yeas 39, nays 14; as follows: 

Aldrich, 

.Allison, 

Beck, 

Berry 

.Blackburn, 

Blair, . Butler, 

Cheney, 

C-ockrell, 

Coke, 

Conger, 

Cullom, 

Dawes, 

Dolph, 

Eustis, 

Fair, 

Frye, 

George, 

Gorman, 

Hale, 

YE.AS--'39. 

Hawley, Spooner, 

Hoar, VanWyck, Jones of Arkansas, Vest, Jones of Nevada, Voorhees, 

Manderson, Walt-hall, 

Mitchell ofPa., Wbitthorne, 

Morrill, Williams, 

Palmer, Wilson of Iowa, 

Riddleberger, Wilson ofMd. 

Sherman, 

NAYs-14. 

Call, 

Cameron, 

Farwell, 

Gray, 

Hampton, Payne, 

McMillan, Pugh, 

Stanford, 

Teller. 

Mahone, Ransom, 

Mitchell of Oreg., Sawyer, 

.ABSENT-23. 

Bowen, Evarts, 

Brown, Gibson, 

Camden, Harris, 

Chace1 Harrison, 

Colquitt, Ingalls, Edmunds, Jones of Florida, 

Kenna, 

McPherson, 

Maxey, 

Miller, 

Morgan, 

Platt, 

Plumb, 

Sabin, 

Saulsbury, 

Sewell, 

Vance. 

So the bill was passed. 

On motion of Mr. HOAR, the title was amended so as to read: "A 

bill to prohibit members of Congress from acting as attorneys or em- ployes for railroad companies in certain cases.'' 

.ATLANTIC .AND PACIFIC SHIP-RAILWAY. 

The PRESIDENT pro tempore. The Chair lays before the Senate 

the special order. 

The CHIEF CLERK. A bill (S. 2288) to incorporate the Atlantic and 

Pacific Ship-Railway Company, and for other pnrposes. 

Mr. ALLISON. I move that the Senate adjourn. 

The motion was agreed to; and (at 6 o'clock and 10 minutes p.m.) 

the Senate adjourned until to-morrow, Saturday, February 5, at 12 

o'clock m. 

HOUSE OF REPRESENTATIVES. 

FRIDAY, Feb'ruary 4, 1887. 

The House met at 12 o'clock m. Prayer by Rev. J. J. BULLOCK, D. 

D., of Washington city. 

The Journal of yesterday'~ proceedings was read and approved. 

VETO MESS.AGE--.ALEX.ANDER FALCONER. 

The SPEAKER laid before the House the following message from the 

President of the United States: 

To tM House of Representatives: 

I return without approval House bill numbered 6443, entitled "An act granting a pension to .Alexander Falconer." . This claimant filed his application for pension in 1879, alleging that in 1837, 

being then an enlisted man in the United States .Army, he received a gunshot 

'wound in ·his right leg below the knee, at the battle of Okeechobee Lake, Florida. 

The records disclose the fact that this soldier enlisted in 1834, and was almost 

continuously in the service and attached to the same company until 1846. It furthe.r appears that he is reported sick during the month iu which the battle was fought. The list of casualties does not contain his name among the 

wounded. 

He re-enlisted in 1846 and again in 1947, and was finally discharged in 18-!8. 

These latter enlistments were for service in the :Mexican war. His claim for pension was denied in 1885, on the ground that no disability ex· isted in a pensionable degree from the alleged gunshot wound in his leg. . It is perfectly clear that the only pretexts for giving this claimant a pension are military service, old age, and poverty. Inasmuch as be was a soldier in the Mexican war, his case is undoubtedly pro- vided for by a general law approved within the last few days. Under this bill the amounli_ to be paid him is fixed, while if the bill herewith 

returned were approved, the sum to be paid him would depend upon the determination of the Pension Bureau as to the extent of his disability as the result of 

his wound. .As that bureau has quite lately determined that there was no disability it is evident that this old soldier can better rely upon the general law re- ferred to. GROVER CLEVELAND • 

ExECUTIVE 1\IANSION, 

TVashingtO'TI, February 3, 1887. 

Mr. ELDREDGE. I move that this veto message, with the accom- panying bil1, be referred to the Committee on Pensions. 

The motion was agreed to. 

WILLI.Al\1 LYNCH. 

The SPEAKER also laid before the House the following messa.ge 

from the President of the United States: 

To the House of Representatives: 

I herewith return without approval House bill numbered 6132, entitled ".An act granting a pension to William Lynch." The claimant mentioned in this bill enlisted in the Fifth Regiment United 

States Infantry in 1849, and was discharged after a re-enlistment September 8, 

1859. He filed a claim for pension more than twenty-four years afterward, in .April, 

1884, claiming that he contracted rheumatism of the right hip and leg in the win- ter of 1857-'58, while serving in Utah. He admitted that he was not under treatment while in the service, and that he never consulted a physician in re- gard t-o his disability until he commenced proceedings for a pension. The evidence disclosed to me falls far short of establishing this claim for pension upon its merits. 

The application made to the Pension Bmeau is still pending and awaiting an- swer to inquiries made by the bureau in .January, 1886. I do not understand that the Congress intends to pass special acts in cases thus situated. · 

EXECUTIVE MANSION, 

Washington, Februar-y 3, 1887. 

GROVER CLEVELAND. 

Mr. ELDREDGE. Imovethatthismessage, with the accompanying 

bill, be referred to the Committee on Pensions . 

The motion was agreed to. 

STATUE OF LIBERTY LIGHT STATION. 

The SPEAKER also laid before the Honse a, letter from the Secretary 

of the Treasury, transmitting an estimate from the Light-House Board, 

and recommending the passage of an a-ct providing for a permanent 

plant for lighting the St.atue of Liberty light station, Bedloe's Island, 

New'York; which was referred to the Committee on Commerce, and 

ordered to be printed. · 

MILE.AGE OF ARMY OFFICERS. 

The SPEAKER also laid before the Honse a letter from the Secretary 

of the Treasury, transmitting an estimate from the Secretary of War of a deficiency in the appropriation for mileage of officers for the fiscal year 

ending June 30, 1887; which was referred to the Committee on Appropriations, and ordered to be printed. 

JOHN H. WEEKS. 

The SPEAKER also laid before the House a letter from the assistant 

clerk of the Court of Claims, transmitting a copy of the findings of fact 

by that court in the case of John H. Weeks against the United States; 

whicli was referred to the Committee on War Claims, and ordered to be 

printed. 

JAMm3 G. FIELD. 

The SPEAKER also laid before the House a letter from the assistant 

clerk of the Court of Claims, transmitting a copy of·the findings of fact 

by that court in the case of James G. Field, administrator, &c._, against 

the United States; which was referred to the Committee on War Claims1 

and ordered to be printed. 
1887. CONGRESSIONAL ·RECORD-_HOUSE. 1361 

REFERE.'WE . OF BILLS, ETC. 

The SPEAK~ laid before the House, under the rules, a bill of the 

House with Senate amendments, and Senate bills and a concurrent reso- lution; which were referred as follows, namely: 

The bill (H. R. 5097) to regulate the use of the grounds of theW ashington National Monument, knowp as Public Reservation No.3, in the 

city of Washington, D. C.-to the Committee on the Public Lands; 

The bill (S. 2877) to promote the efficiency of the General Land 

Office-to the Committee on Expenditures in the Interior Department; 

The bill (S. 3157) to authorize the removal of the quarantine station 

from Ship Island, Mississippi-to the Committee on Commerce; 

The bill (S. 2896) authorizing the construction of a bridge across the 

Missouri River between the cities of Omaha, Nebr., and Council Bluffs, 

Iowa, and for other purposes-to the Committee on Commerce; and 

The concurrent resolution of the Senate providing for thecompilation 

and printing o( the veto messages of the Presidents of the United 

States-to the Committee on Printi.ng. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted as follows: 

To Mr. FLEEGER, for six days, an account of important business. 

To Mr. DINGLEY, for the remainder of the week, on account of illness. 

To Mr. TOWNSHEND, for ten days. 

LEAVE TO PRINT. 

By unanimous consent, leave was granted to Mr. TOWNSHEND to 

print remarks in the RECORD on the diplomatic and consular appropriation bill. 

ORDER OF BUSINESS. 

:Mr. McCOMAS. I ask unanimous consent to discharge the Committee oftbe Whole House from the further consideration of the bill 

(H. R. 9379) for the relief of John Heflebower, and put it upon its passage. 

The SPEAKER. The bill will be read subject to objection. 

The bill was read at length. -

Mr. SPRINGER and Mr. COWLES demanded the reading of thereport. 

Th~ report was rea~ at length. 

lli. SPRINGER. I shall have to object to that, for the present at 

least. 

Mr. McCOMAS. I hope the gentlema~ will not insist upon his obJection. This case has--been before the Court of Claims. 

Mr. SPRINGER. I know; but there are certain facts ascertained by 

the court, and there are items connected with the · clidm that in my 

·opinion come within the rule heretofore lai~ down by the committee, 

and I think it should have a further examination. 

Mr. McCOMAS. Let it be considered now, and the gentleman can state his objections to any particular point. 

Mr: SPRINGER. I must insist upon the o~jection at this time. 

Mr. BYNUM. I ask unanimous consent to discharge the Committee 

of the Whole Honse on the state of the Union from the further consideration of the bill (H. R. 569) appropriating $45,000 for the improvement of the post-office building in the city of Indianapolis, Ind., and 

put it upon its passage. -

The bill was read at length. 

The SPEAKER. Is there objection to the present consideration of 

the bill? 

Mr. ELY. I object. 

Mr. FELTON. I ·ask unanimous consent to discharge the Committee of the Whole House from the further consideration of the bill (S. 

2428) to grant certain seal rocks to the city and county of San Francisco, State of California, in trust for the people of the United States. 

The SPEAKER. The bill will be read subject to objection. 

The bill was read at length. 

Mr. STORM. Let me. ask if this has been recommended by any 

committee of the House? 

Mr. PELTON. Yes, sir; by both committees unanimously. 

Mr. STORM. By the Committee on Commeree? 

Mr. STRAIT. The Committee on the Public Lands. 

Mr. FELTON. Not by the Committee on Commerce. It has been 

reported unanimously by both comt:Qittees, that of the House and of 

the Senate, on the public lands. 

Mr. STORM. What is the extent of the grant? 

Mr. FELTON. It is not a grant, but simply gives to the city of San 

Francisco the control of these islands until the Government chooses to 

take posses.c;;ion of them. 

- Mr. OATES. Does it impose any restrictions upon the public with 

reference to the use of these islands? _ Mr. FELTON. None whatever. It simply gives to the city of San 

Francisco control of the islands, and the Government can take possession of them at any time that it thinks proper for any purpose. 

Mr. SPRINGER. Are these the little seal islands right off the mouth 

of the Golden Gate ? 

Mr. BLOUNT. Let the report in this case be read before the right 

to object is waived. -

XVIll---86 

Mr. COX, of North Carolina. I ask for the reading of the report. 

The report was read at length. · The SPEAKER. Is there objection to the present consideration of 

thebill? -

Mr. ELY. I object. 

GOVERNMENT FARM, ANNAPOLIS, MD. 

Mr. FINDLAY. I ask unanimous consent to discharge the Committee of the Whole House from the further consideration of the bill (H. 

R. 7 508) granting the right of way to the Annapolis and Baltimore Sbo_rt:. 

Line Railroad Company across the Government farm connected w1th 

the Naval Academy at Annapolis, Md., and put it upon its pass::~ge. 

The SPEAKER. The bill will be read, subject to objection. · 

The bill was read, as follows: Be it enacted, &c., That the right of way through the northwest corner of the lands belonging to the United States Government, lying and being in Anne Arundel County, in the State of Ma.ryla~d, known ~ the Govern~ent far!D, be, and hereby is granted to the Annapolis and Baltimore Short-Lme Ratlroad Company, for 'the construction of a railroad between the cities of Annapolis and Baltimore to be located to the satisfaction of the Secretary of the Navy; and the said ri'ght of way hereby granted shall be to the extent of 6? feet in 

width, with such additional width as may be required for sloJ?eS at <:ut~mgs and embankments ~aid line to be located northwest of the hospital bUildings, and at least 50 feet from the out-buildings thereof. SEc. 2. That the right of way and other privileges grn.nted herein und~r the provisions contained in this act shall become inoperative and null and vo1d un- less the said company shall, within the term of two years from the 1st day of June 188- have so far advanced the construction of said road as to satisfy the Navy Dep~rtment that said company is lawfully and successfully esta?lished, and that said road will be completed as proposed within a reasonable t1me. 

The committee recommend the following amendment: _ -

Insert., after the word ''time,'' in the ninth line of section 2, the following: 

And also unless the said railroad company shall catise to be erected and main- tained suitable bridges where roads are crossed, and fences erected and main- tained on either side of said railroad. 

The SPEAKER. Is there objection to the present consider.1tion of 

the bill? 

Mr. ADAMS, of lllinois. ·I think some one should state how much 

of the Government farm this right of way covers. Ur. FINDLAY. I will say, in reply to the gentleman from lllinois,- that it takes but a very small portion, a very insignificant part of the 

farm, just sufficient width for the road . Mr. ADAMS, of illinois. That is sufficient. 

l\1r. FINDLAY. And I will say, in the first place, thatthe Government farm is not used, and that this right of way is granted in accord- ance with the regulations prescribed by the Secretary of the Navy; and 

it also comes as a unanimous report from the Committee on Public 

Buildings and Grounds. 

Mr. ADAMS, of Illinois. I observe that there is a blank in the bill 

which bas not been filled. :Mr. FINDLAY. -I move to insert, in the fifth line of the printed 

bill, second section, after the words "eighteen hundred and eighty," 

the word "eight;" so as to fix the date 1888. - The SPEAKER. The first question will be on the amendment proposed by the committee. 

The amendment was agreed to. _ The amendment of l'rlr. FINDLAY was agreed to. 

The bill as amended was ordered to be engrossed for a third reading; 

and being engrossed, was accordingly read the third time, and passed. 

l'r!r. FINDLAY moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

CONSIDERATION OF BILL FOR REDEMPTION OF TRADE-DOLLAR. 

l'rlr. RANDALL. I desire to make a privileged report from the Con· 

mittee on Rules. 

The Clerk read as follows: 

Resolved, That the Committee of the Whole House on the state of the Union be discharged from the further consideration of the bill (S. 199) entitled "An act for the retirement and recoinage of the trade-dollar," and that Saturday, Febru• ary 5, immediately after the reading of the Journal, be set apart for the consid- eration of the same in the House, no other business to be transacted until the consideration of said bill is concluded. 

Mr. RANDALL. Upon that resolution I call for the previous question. 

Mr. LANHAM. Before the previous question ie cu:dered I desire to 

be heard for a moment. 

l'r:Ir. RANDALL. I withdraw the call for the PT!tious question that 

I may hear the gentleman from Texas [Mr. LANRi.MJ. 

Mr. LANHAM. -I ask the gentleman from Pennsylvania if he will 

not so ·modify the resolution as to allow the bill to be considered in the 

Committee of the Whole House on the state of the Union, and, furthermore, if be will not agree to postpone its consideration until to-morrow 

week. I make this reque3t in view of the absence of the chairman of the 

Committee on Coinage, Weights, and Measures, the gentleman from Missouri [Mr. BLAND], who has gone borne in consequence of sickness in his 

family. I know he takes great interest in this measure, and is espt!Ci· 

ally anxious to be present when it is considered. 

I 
1362 CONG~ESSIONAL RECORD-HOUSE. FEBRUARY 41 

1rir. RANDALL. The latter request of the gentleman from Texas, 

it occurs to me, is a reasonable one, and while I have no authority from 

the Committee on Ruies to accept the amendment, yet my individual 

inclination is to do so; and if· tlle gentleman from Illinois [Mr. Mo&-

:RISON] and the gentleman from Maine [Mr. REED], members of the 

Committee on Ruies, acquiesce in this suggestion as to the later day, I 

will accept that amendment. 

Mr. MORRISON. I think it is not an unreasonable request, and that 

it ought to be granted. 

Mr. RANDALL. Then I accept the amendment as to the changeof 

day, and will modify the resolution accordingly. 

Mr. LANHAM. I know the chairman of the Committee on Coinage, 

Weights, and Measures desires that the bill shall be considered in Committee of the Whole House on the state of the Union, and I ask the 

gentleman from Pennsylvania to include that also in his modification 

of the resolution. 

Mr. RANDALL. I ask for the reading of the -resolution again. 

There is no purpose to limit fair debate or to restrict amendments. 

:Mr. LANHAM. So far as I am concerned and so far as the gentle- man from Missouri [Jit!r. BLAND] is concerned, we are both in favor of 

redeeming and recoining the trade-dollar. I have heretofore expressed 

myself as to that in as strong terms as I know how to employ. But 

there is a minority report, or at least leave was obtained for a minority 

report to be filed, which differs from the majority of the committee as to the manner of redemption and recoinage, and I think it is better 

that the bill should be considered in the way I suggest. 

Jlt!r. WARNER, of Ohio. I ask that the resolution be again read. 

Mr. RICHARDSON. I desire to make a parliamentary inquiry. 

The SPEAKER. The gentleman will state it. 

Mr. RICHARDSON. Is this a privileged matter? 

The SPEAKER. It is. The resolution was referred to the Committee on Rules. 

The resolution was again read. 

Mr. RANDALL. I have accepted the suggestion that the day as- signed for the consideration of the bill be the 12th February instead 

of the 5th, and I modify the resolution in that way. 

Mr. LANHAM. That being agreed to, I move to strike out so much 

of the resolution as provides for discharging the Committee of the 

Whole House on the state of the Union. 

Mr. RANDALL. I do not yield for that. 

The SPEAKER. The Chair will state that the effect of a resolution 

making the consideration of a bill a special order, unless the contrary 

is stated in the resolution, is to discharge the Committee of the Whole 

House on the state of the Union and to bring the bill into the House. 

Jltfr. CRISP. Is it competent for a majority to discharge the Committee of the Whole Honse on the state of the Union from the consideration of a bill? 

The SPEAKER. It is, on a report of the Committee on Rules. It 

is a change of the rules to that extent; and there is no rule of the House 

requiring more than a majority to change a ruie. 

Mr. WARNER, of Ohio. But the consideration in the Honse does 

not cut off the power of amendment? I presume that is not the o~j ect. 

Jltlr. RANDALL. I do not think the object is to cut off fair debate or amendment. 

Jltfr. SCOTT. I would like to understand what is the amendment of 

the gentleman from Texas [Mr. LANHAl'li]. I want to know whether 

he proposes, in addition to postponing the consideration to the 12th, to 

have the bill considered in the Committee of the Whole Honse on the 

state of the Union? 

The SPEAKER. The amendment proposed by the gentleman from 

Texas and accepted by the gentleman from Pennsylvania was simply 

to postpone the consideration of the bill till Saturday, the 12th. 

1\Ir. SCOTT. And to have the bill conside1·ed in Committee of the 

Whole Honse on the state of the Union? 

The SPEAKER. The gentleman from Texas proposed that amendment, but the gentleman from Pennsylvania declined to yield. 

ltir. RANDALL. I demand the previous question on the resolution 

as modified. 

Mr. LANHAJit!. I ask the gentleman from Pennsylvania if he will 

allow me to have printed in the RECORD an amendment substantially 

embodying the judgment of the minority of the committee, which we 

propose to offer to the Senate bill? 

Mr. RANDALL. I will say to the gentleman from Texas that I am 

not 4ere as the spokesman of the bill at all. I have merely offered the 

pending resolution as a member of the Committee on Rules to give an opportunity for the consideration of the bill. After that has been provided for the control of this bill passes from me; but I give assurance, 

so far as I am concerned, the gentleman will have opportunity of 

amendment, and that I have no objection to the insertion in the 

-REcoRD of the amendment he has indicated. 

lli. LANHAM. I ask unanimous consent that there be printed in 

the RECORD the following amendment in the nature of a substitute for 

the Senate bill, which I send to the desk, and expect to offer at the 

proper time. 

There was no objection. 

The SP.EAKER. The question is on ordering the previous question. 

The previous question was ordered, and under the operation thereof 

the resolution as modified was agreed to. 

Mr. RANDALL moved to reconsider the vote by t\ich the resoln· 

tion was agreed to; and also moved that the motion to reconsider be 

laid on the table. 

/ The latter motion was agreed to. 

The following is the proposed umendment, which was ordered to be 

printed in the RECORD: 

Senat-e bill199. .Amendment. 

Strike out all after the enacting clause in sections 1 and 2, and insert: 

"That for a period of six months after the passage hereof, United States tradedollars, ifnotdefaced, mutilated, or stamped, shall be received at their face value 

in payment of all dues to the United States, and shall not be again paid out or in any other manner issued. 

"SEc. 2. That the holder of any such trade-dollars, during the period aforesaid, on presentation of the same at the office of the Treasurer or any assistanttreas- urer of the U ni.ted States, if said coins be not defaced, mutilated, or stamped, may receive in exchange therefor a like amount and value, dollar for dollar, in 

standard silver dollars, or in subsidiary coins of the United States, at the option 

of the holder. 

''SEc. 3. That the trade-dollSJ:s received by, paid to, or deposited with the Treasurer or any assistant treasurer, or national depositary of the United States, 

shall not be paid out, or in any other manner issued, but at the expense of the 

United States Rhall be transmitted to the coinage mints andrecoinedintostandard silver dollars, or subsidiary coin, at the discretion of the Secretary of the 

Treasury.'' 

Strike out the words "section 3," in Senate bill, and insert section 4. 

WIDOW OF W. R. CRANNA. 

Mr. SPRINGER. Regular order. 

Mr. ADAMS, of Illinois. Mr. Speaker, I desire to present a privi· 

leged report from the Committee on Accounts. 

The report was read, as follows: 

IN THE HOUSE OF REPRESENTATIVES, February 1, 1887. 

Resolved, That the Clerk of the House be directed to pay out of the contingent 

fund of the House to the widow of William R. Oranna, deceased, late an em- ploye of the House of Representatives, a sum equal to his salary for six months; 

and that the Clerk be further directed to pay out of the contingent fund the ex- penses connected with the illness and funeral of the said Cra.nna; said expenses not to exceed $250. 

The Committee on Accounts, having considered the accompanying resolutions. finds that Cranna:was an old employe of the House and was on the roll at the time of his death. The allowance called for is the usual one, and is for the 

benefit of the widow and children of deceased. 

Mr. ADAMS, of Illinois. Mr. Speaker, this employe left a widow 

and young children. They are very poor. This resolution is the usual one in such cases, and as I presume that no discussion is desired, I demand the previous question. 

The previous question was ordered, and the resolution was agreed to. 

Mr. ADAMS, of illinois, moved to reconsider the vote by which 

the resolution was agreed to; and also moved that the motion to recon7 

sider be laid on the table. 

The latter motion was agreed to. 

JOHN R. M1KINNIE. 

Mr. GEDDES, from the Committee on War Claims, reported favorably a bill (H. R. 11030) for the relief of John R. McKinnie, administrator; which was read a :first and second time, referred to the Committee 

of the Whole House on the Private Calendar, and, with the accompany· 

ing report, ordered to be printed. 

SIMON WITKOUSKI. 

Mr. GEDDES, from the Committee on War Claims, also reported fa· 

vorably a bill (H. R. 11031) for ths relief of Simon Witkonski; which was read a first and second time, referred to the Committee of the Whole 

Honse on the Private Calendar, and, with the accompanying report, 

ordered to be printed. 

JOHN R. M1DOWELL. 

Mr. GEDDES, from the Committee on War Claims, also reported favorably a bill (H. R. 11032) for the relief of John R. McDowell, admin· 

istrator of the estate of John McDowell, deceased; which was read a :first and second time, refeJ:red to the Committee of the Whole House 

on the Private Calendar, and, with the accompanying report, ordered 

to be printed. S. H. BRODNAX. 

Mr. GEDDES, from the Committee on War Claims, also reported favorably a bill (H. R. 11033) for the relief of S. H. Brodna.:x, executor 

of George T. Taylor; which was read a first and second time, referred 

to the Committee of the Whole Honse on the Private Calendar, and, 

with the accompanying report, ordered to be printed. 

WILLIAM H. COOK, S:R. 

Mr. GEDDES, from·the Committee on War Claims, also reported favorably a bill (H. R. 11034) for the relief of William H. Cook, sr.; 

which was read a first and second time, referred to the Committee of 

the Whole House on the Private Calendar, and, with the accompanying report, ordered to be printed. 

ANN MOREAU. • 

Mr. GEDDES, from the Committee on War Claims, also reported favorably a bill (H. R. 11035) for the relief of Ann Moreau; which was read a first and second time, referred to the Committee of the Whole 

Honse on the Private Calendar, and, with the accompanying report, 

ordered to be printed. 
1887. CONGRESSIONAL RECORD-HOUSE. 1363 

JOHN LOAGUE. 

Mr. GEDDES, from the Committee on War Claims, also reported 

favorably a bill (H. R. 11036) for the relief of John Loague, administrator; which was read a first and second time, referred to the Committee of the Whole House on the Private Calendar, and, with the ac- companying report, ordered to be printed. 

ORDER OF :BUSINESS. 

Mr. RICHARDSON. Mr. Speaker, a few days ago the House made 

the bill (H. R. 10666) to provide for the payment of what are known as the 4th of July claims, a special order for this day. Some of the 

friends of the measure have asked me to agree that it go over till to- morrow immediately after the reading of the journal, with the understanding that it shall then have the same rights and privileges to which 

it is now entitled. If that agreement can be had I have no objection; 

and I now ask unanimous consent that the bill be laid over until to- morrow immediately after the reading of the journal, with the understanding Utat it shall lose none of its rights. 

Mr. HATCH. I object. 

Mr. BURROWS. Mr. Speaker, would it be in order to move the 

postponement of the consideration of this bill until to-morrow? 

The SPEAKER. It is in order. The gentleman from Tennessee 

[Mr. UICH.A.RDSON] makes that request. 

Mr. BURROWS. There are only a few Fridays left for private busi- ness. This special order was made for this day thoughtlessly, I presume, and if we devote the day to the consideration of this bill it may 

deprive us entirely of an opportunity to consider private business, 

Mr. BRAGG. This is private business. 

Mr. BURROWS. I understand; but the business is all in one bundle. I move, Mr. Speaker, to postpone the consideration of this bill 

until to-morrow morning immediately after the reading of the Journal. 

Mr. RICHARDSON. I have no objection to that if the gentleman 

will include in his motion that the bill shall reserve all its rights. 

?rlr. BLOUNT. It does seem to me, Mr. Speaker, that private bills consume a sufficient proportion of the time of this House. There are important measures of a general character that ought to be acted upon, 

and I think we ought not to further obstruct their consideration by 

giving additional time to private matters. There are several important measures which have been reported from committees of the House and are awaiting consideration. 

Mr. MILLS. Regular order. 

Ur. BURROWS. I demand the previous question on my motion. 

Mr. DUNHAM. I rise to a parliamentary inquiry. 

The SPEAKER. The gentleman will state it. 

Mr. DUNHAM. If this bill is postponed until to-morrow will the 

effect be to give us the use of that day as private-bill day? 

The SPEAKER. The Chair does not know. The House may by a ma:jority vote dispense with the consideration of private bills. 

Mr. DUNHAM. It is one step in that direction, is it not? 

The previous question was ordered. 

The question was taken on the motion of Mr. BuRRows; and there 

were-ayes 97, noes 32. 

Mr. HATCH. I demand the yeas and nays. 

The SPEAKER. Thirty-one ha'"e risen in the affirmative, which 

is more than one-fifth of the last vote. [Cries of" Count the other 

side ! ''] There are eighty in the negative. The yeas and nays, therefore, are ordered. 

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

153, nays 92, not voting 73; as follows: 

Adams, G. E. Adams..tJ.J. 

Allen,u.H. 

Atkinson, 

Baker, 

. Barbour, 

Bayne, 

Bliss, 

Bound, 

Boutelle, 

Boyle, 

Brady, 

Brown, C. E. Buchanan, 

Buck, 

Bunnell, 

Burrows, 

Butterworth, 

Caldwell, 

Campbell, J. E. Campbell, J. M. Campbell, T.J. Cannon, 

Carleton, 

Compton, 

Conger, 

Cooper, 

Crain, . Culberson, 

Curtin, 

Cutcheon, 

Daniel, 

Davidson, R. H.M. Davis, 

YEAS-153. 

Dorsey, 

Dunham, 

Ely, 

Evans, 

Everhart, 

Farquhar, 

Felton, 

Findlay, 

Fleeger, 

Ford, 

Gallinger, 

Geddes, 

Gilfillan, 

Goff, 

Grosvenor, 

Grout, 

Guenther, 

Hale, 

Hall, 

Halsell, 

Ha.rmer, 

Hayden, 

Haynes, 

Henderson, D. B. Henderson, T. J. Hepburn, 

Hiestand, 

Hill, 

Hires, 

Hitt, 

Holmes, 

Hopkins, 

Houk, 

Howard, 

Hudd, 

Jackson, 

James, 

Johnston,J. T. Kelley, 

Ketcham, 

La. Follette, 

Laird, 

Landes, 

Lawler, 

Lehlbach, 

Libbey, 

Lindsley, 

Little, 

Long, 

Lout tit, 

Lovering, 

Lyman, 

Markham, 

Matson, 

Maybury, 

McComas, 

McKinley, 

l't:lerriman, 

Millard, 

Moffatt, 

Morrow, 

Murphy, 

Neal, 

Negley, 

Nelson, 

O'Hara, 

O'Neill, Charles 

Osborne, 

Outhwaite, 

Owen, 

Payne, 

Payson, 

Peters, 

Pettibone, 

Phelps, 

Pin dar, 

Plumb, 

Price, 

Reed, 

Rice, 

Richardson, 

Robertson, 

Rockwell, 

Rowell, 

Ryan, 

Sawyer, 

Scranton, 

Seymour, 

Skinner, 

Snyder, 

Spooner, 

Stahlnecker, 

Steele, 

Stephenson, 

Stewart,J. W. 

Stone, E. F. 

Strait, 

Struble, 

Swinburne, 

Swope, 

Taylor,LH. 

Taylor, J. M. 

Taylor, Zach. 

Thomas,J.R. 

Thomas, 0. B. Thompson, 

Van Schaick, 

Allen,J.M. 

Barksdale, 

:Barnes, 

Barry, 

:Blanchard, 

Blount, 

Bragg, 

Burnes, 

Bynum, 

Cabell, 

Campbell, Felix 

Catchings, 

Clardy, 

Clements, 

Cobb, 

Cowles, 

Cox, W. R. 

Crisp, 

Croxton, 

Davidson, A. C. 

Dibble, 

Dockery, 

Dunn, 

Wade, 

Wadsworth, 

Wait, 

Warner, William 

Weaver,.A..J. 

Weber, 

White, .A.. C. 

White, Milo 

Whiting, 

Wilson, 

NAYS-92. 

Eden, 

Eldredge, 

Ermentrout, 

Fisher, 

Forney, 

Gay, 

Glass, 

Green, 

Hammond, 

Hatch, 

Hemphill, 

Henderson, J. S. 

Henley, 

Herbert, 

Hermann, 

Holman, 

Johnston, T. D. Jones, J.H. Jones, J. T. Kleiner, 

Laffoon, 

Lanham, 

Lore, 

Lowry, 

Martin, 

l't:lcCreary, 

McKenna, 

McMillin, 

McRae, 

Miller, 

Mills, 

Mitchell, 

Morgan, 

Morrill, 

Morrison, 

1\!uller, 

Neece, 

Oates, 

O'Ferrall, 

Peel, 

Perry, 

Pidcock, 

Reese, 

Sadler, 

Sayers, 

Scott, 

NOT VOTING-73. 

Aiken, Cox, S. S. Irion, 

Anderson,C.l\::1. Dargan, Johnson, F. A. 

.Anderson,J.A. Davenport, King, 

Bacon, Dawson, LeFevre, 

Ballentine, Dingley, Mahoney, 

Belmont, Dougherty, McAdoo, 

Bennett, Ellsberry, 1\:lilliken, 

Bingham, Foran, Norwood, 

Bland, Frerler:ck, 0' Donnell, 

Breckinridge,C.R. Fnll ··- O'Neill,J.J. 

Breckinridge,WCP Fm• Parker, 

Browne, T.l\:1. Gih· (1. IT. Perkins, 

Bl'OWU, W. W. Gilk.u .• , Eustace Randall, 

Brumm, Glo\·er, Ranney, 

:Burleigh, Hanback, Reagan, 

Candler, Harris, Riggs, 

Caswell, Heard, Rogers, 

Collins, Hiscoe~, Romeis, 

Comstock, Hutton, Rusk, 

So the motion to postpone wns agreed to. 

During the roll-call, 

Woodburn. 

"\Vorthington. 

Seney, 

Shaw, 

Sowden, 

Spriuger, 

Stone, W. J., Ky. 

Stone, ,V.J., Mo. Storm, 

Tarsney, 

'.I'a.ulbee, 

Throckmorton, 

Tillman, 

Trigg, 

Turner, 

Van Eaton, 

Viele, 

Ward,T. B. 'Veaver,J.B. 

Wheeler, 

Wilkins, 

Willi;, 

Winans, 

Wise, 

Wolford. 

Sessions, 

Singleton, 

Smalls, 

Spriggs, 

Stewart, Charles 

St. Martin, 

Symes, 

Taylor, E. B. Townshend, 

Tucker, 

Wakefield, 

Wallace, 

Ward,J.H. 

Warner,A.J. 

Wellborn, 

West-. 

On motion of Mr. BURROWS, by unanimous consent the reading of 

the names was dispensed with. 

The following pairs were announced until further notice: 

Mr. Cox, of New York, with Mr. BROWNE, of Indiana.. 

Mr. BALLENTTh""E with Mr. JoHNSON, of New York. 

Mr. MAHONEY with Mr. W .AKEFIELD. 

Mr. WARD, of Illinois, with Mr. NEGLEY. 

Mr. GLOVER with Mr. WADE. 

Mr. REAGAN with Mr. HISCOCK. 

Mr. BACON with Mr. PARKER. 

Mr. BLAND with Mr. DAVENPORT. 

Mr. RoGERS with Mr. O'DONNELL. 

Mr. 'BENNETT with Mr. PERKINS, until Saturday next. 

Mr. TOWNSHEND with Mr. BRUMM, until Monday next. 

Mr. CANDLER with Mr. HANBACK, for this day. 

Mr. STEW .ART, of Texas, with Mr. FULLER, for this day. 

Mr. CoMSTOCK with Mr. DINGLEY, on this vote. 

Mr. ELLSBERRY with Mr. EZRA B. TAYLOR, on this vote. 

The vote was then announced as above recorded. 

AMENDl\:IENT OF RULE'3. 

Mr. McCREARY, by unanimous consent, submitted the foUowing 

amendment; which was referred to the Committee on Rules: 

Amend clause 2 of Rule XXIII by striking out the words "whenevet· a Com· 

mittee of the Whole House" and insert in lieu thereof the following words, 

namely: 

"A quorum of a Committee of the Whole shall consist of one huodred mem- bers, and whenever said committee finds itself;" so it will read: 

"AquorumofaCommittee of the Whole shall consist of one hundred members; 

and whenever said committee finds itself without a quorum the chairman shall cause the roll to be called, and thereupon the committee shall rise and the chair- man shall report the names of the absentees to the House, which shall be en- tered on the Journal; but if on such call a quorum shall appear the committee 

shall thereupon resume its sitting without further order of the House." 

CALL OF COMl\IITTEES. 

Mr. SPRINGER. I demand ihe regular order of business. 

The SPEAKER. The regular order of business is the call of com- mittees for reports. 

JACOB SUBERENO AND WILLIAM H. BEHRENS. 

Mr. LEHLBACH, from the Committee on Patents, reported back 

favorably the bill (H. R. 10041) for the relief of Jacob Surerenoand William H. Behrens; which was referred to the Committee of the Whol~ 

'House on the Private Calendar, and the accompanying report ordered 

to be printed. · 

JOHN B. WOLF. 

· Mr. PIDCOCK, from the Committee on Invalid Pensions, reported 

back favorably the bill (H. R. 9240)granting a pension to John B. Wolf; 
1-

1364 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 4, 

which wa.s referred to the Committee of ·the Whole House on the Pri- Thatcher, Michael Callahan, and the widow of John Waters; which 

vate Calendar, and the accompanying report ordered to be printed. was referred to the Committee of the Whole House on the Private CalHIRAM A. DARNELL. 

Mr. PIDCOCK, from the Committee on Invalid Pensions, also re- ported back the bill (H. R. 268) for the reliefofHiram A. Darnell; which was referred to the Committee of the Whole House on the Private Calendar, and the accompanying report ordered to be printed. 

DAVID TEED. 

Mr. PIDCOCK, from the Committee on Invalid Pensions, also re- ported back the bill (H. R. 5809) granting a pension to David Teed with 

an amendment correcting the name from Peed to Teed ; which was re- ferred to the Committee of the Whole House on the Private Calendar, 

and the accompanying report ordered to be printed. 

AN A WRIGHT. 

Mr. PIDCOCK, from the Committee on Invalid Pensions, also re- ported the bill (S. 2210) granting a pension to Anna Wright; which was 

referred to the Committee of the Whole House on the Private Calendar, 

and the accompanying report ordered to be printed. 

. ADVERSE REPORT. 

Mr. PIDCOCK, from the Committee on Invalid Pensions, also re- ported adversely the bill (H. R. 7763) granting a pension to Belford E. 

Davis; which was laid on the table. 

.JOHN A. RANDALL. 

Mr. MORRILL, from the Committee on Invalid Pensions, reported 

back favorably the bill {H. R. 7576) granting a pension to John A. 

Randall; which was referred to the Com.mittee of the Whole House on 

the Private Calendar, and the accompanying report ordered to be 

printed. 

ADVERSE :REPORTS. 

Mr. MORRILL, from the Committee on Invalid Pensions, also reported 

back adversely bills of the following titles; which were severally laid on the table, and the accompanying reports ordered to be printed: 

A bill (H. R. 1405) granting a pension to Andrew M. Jordon; 

A bill (H. R. 6800) for the relief of Elizabeth J, Ray; 

A bill (H. R. 3396) granting a pension t~ Jacob R. Critten; 

A bill (H. R. 7538) granting a pension to Catherine Hoffetman; 

A bill (H. R.:6127) granting a pension to Robert Ellington; and 

A bill (H. R. 5614) for the relief of John D. Jones. 

CAPT. FRANK BELL. 

Mr. SWOPE, from the Committee on Invalid Pensions, reported back 

with amendment the bill {H. R. 10050) to increase the pension of Capt. 

Frank Bell; which was referred to the Committee of the Whole House on the Private Calendar, and the accompanying report ordered to be 

printed. 

!IARY A. PFEIFFER. 

Mr. SWOPE, from the Committee on Invalid Pensions, also reported 

back favorably the bill (H. R. 8251) granting a pension to Mary A. 

Pfeiffer; which was referred to the Committee of the Whole House on the Private Calendar, and the accompanying report ordered to be 

endar, and the aecompanying report ordered to be printed. 

REAL ESTATE TITLE INSURANCE COMPANY. 

Mr. CAMPBELL, of Ohio, from the Committee on the District of 

Colombia, reported, as a substitute for the bill (H. R. 3690), a. bill (H. 

R. 11038) changing the name of the Real Estate Title Insurance Company of the District of Columbia, and for other purposes; which was read a first and second time, referred to the Committee of the Whole 

House on the Private Calendar, and, with the accompanying report, 

ordered to be printed. 

The bill (H. R. 3690) was, by unanimous consent, laid on the table. 

MARY L. WILLIAMS. 

Mr. WINANS, from the Committee on Invalid Pensions, reported 

back favorably the bill (H. R. 8029) granting a pension to Mary L. 

Williams; which was referred to the Committee of the Whole House on 

the Private Calendar, and the accompanying report ordered to be 

printed. · 

The SPEAKER. The call of committees is now concluded. . 

LEAVE TO PRINT. 

Mr. THROCKMORTON, by unanimous consent, obtained lea•e to 

print in the RECORD remarks upon the bill (H. R. 7652) to reduce tariff 

taxes and to modify the taxes in relation to the collection of the reve- nue. 

ORDER OF BUSINESS. 

Mr. SPRINGER. I move that the House now resolve itself into 

Committee of the Whole for the consideration of bills on the Private 

Calendar. 

The motion was agreed to. 

The House accordingly resolved itself into Committee of the Whole, 

Mr. HATCH in the chair. 

l':RIV ATE LAND CLAil\IS. 

The first business on the Private Calendar was the bill (H. R. 4840) 

to confirm a certain private land claim in the Territory of New Mexico. 

Mr. SPRINGER. I ask nnanimQus consent that this bill, together 

with the three bills next on the Calendar-H. R. 218, 3216, and 3235--

be passed over informally. 

There being no objection,. it was ordered accordingly. 

COLUMBIA BANK IN PENNSYLVANIA. 

The next business on the Private Calendar was the bill (H. R. 2140) 

for the relief of the Columbia Bank in Pennsylvania. 

Mr. SPRINGER. This bill has been reported from the Committee on War Claims adversely. I move that it be laid aside to be reported 

to the House with a recommendation that it lie on the table. 

The motion was agreed to. 

.JAMES T . .JOHNSTON. 

The next business on the Private Calendar was the bill (H. R. 1773) 

for the relief of James T. Johnston. 

The bill and report were read. 

LEGAL REPRESENTATIVES OF PETER LYLE. Mr. SPRINGER. The gentleman who reported this bill, Mr. MARTIN, of Alabama, if present, I hope will give some further explanaprinted. 

On motion of Mr. SWOPE, by unanimous consent, the Committee tion than that embodied in the report. It does not seem very clear on Invalid Pensions was discharged from the further consideration of from the reading of the report that this party is entitled to an extenthe bill (S. 701) for the relief of the legal representatives of Peter Lyle, sion. 

deceased; and the same was referred to the Committee on Claims. Mr. LEHLBACH. The gentleman who made the report is not 

EMANUEL IASON. present this morning. 

Mr. WARNER, of Missouri, from the Committee on Claims, reported Mr. SPRINGER. I am informed by a member of the Committee on a bill (H. R. 11037) for the relief of Emanuel Mason; which was read Patents that Mr. MARTIN is not present. I therefore ask unanimous a first and second time, referred to the Committee of the Whole House consent that this bill be laid aside informally, retaining its place on 

on the Private Calendar, and, with the accompanying report, ordered the Calendar. 

to be printed. There was no objection, and it was so ordered. 

WINDSOR, AND SOUTH WINDSOR, CONN. LIEUT. LOUIS F. ELLIS. 

Mr. McKENNA, from the Committee on Claims, reported b~ck with The next business on the Private Calendar was the joint resolution 

amendment the bill (H. R. 10675) for the relief of the towns of Wind- (H. Res. 60) granting a medal to Lieut. Louis F. Ellis for heroic con- sor and South Windsor, on account of damage done to Bissell's Ferry; duct in joining the "forlorn-hope storming party" at Port Hudson, 

which was referred to the Committee of the Whole House on the Pri- June 15, 1863. 

,·ate Calendar, and the accompanying report ordered to be printed. Mr. SPRINGER. This, Mr. Chairman, is an adverse report, and I 

HYLAND c. KIRK AND OTHERS. move that the joint resolution be laid a.side with the recommendation 

Mr. SPRINGER. Mr. Speaker, a few days ago the Committee on that it do lie on the table. 

Claims made a report upon the bill (S. 2560) for the relief of Hyland The motion was agreed to. 

C. Kirk and others, assignees of Addison C. Fletcher. I desire now to MEDALS OF HONOR TO CERTAIN PENNSYLVAl-.TIA SOLDIERS. 

submit the views of the minority of that committee, to be printed, and The next business on the Private Calendar was the bill (H. R. 4235) to accompany the report of the majority. 

SPEAKER If h b b" · h · f · · directing the Secretary of the Treasury to prepare medals of honor to be 

The • · t ere e no 0 uection, t e VIews 0 a mmonty bestowed upon certain Pennsylvania volunteer soldiers of the late war. of the Committee on Claims, submitted at this time by the gentleman Mr. SOWDEN. I ask unanimous consent that this bill be laid aside 

from Illino~s (Mr. SPRINGER], will be printed as requested. informally, retaining its place on the Calendar. 

There berng no objection, it was ordered accordingly. Mr. CUTCHEON. This is also an adverse report 

JA:M:.ES TRABUE AND OTHERS. I Jlt:1r. SPRINGER. Yes; but the gentleman from Pennsylvania ask1 

Mr. KLEINER, from the Committee on War Claims, reported back that it be passed over informally, retaining its place on the Calendar~ 

favorably the bill (S. 311) for the relief of Jaines Trabue, Thornton There was no objection, and it was so ordered. 
1887. CONGRESSIONAL RECORD- HOUSE. 1365 

CLAIMS OF CERTAIN STEAMSHIP COMP .A.NIES. 

The next business on the Private Calendar was the bill (H. R. 4583) 

authorizing the Secretary of the Treasury to make :final adjustment 

of claims of certain foreign steamship companies arising from the illegal exaction of tonnage dues. 

lt!r. BUCHANAN. This bill has been already read in Committee 

of the Whole, and inasmuch as the amount involved is very considerable and the principle embodied in the bill is of great importance, I 

will claim the attention of the committee for a short time while I lay 

before the committee the facts upon which the bill is predicated. 

The CHAIRMAN. The gentleman from New Jersey will suspend 

until the bill is either read or its reading dispensed with by unanimous 

consent. 

Mr. BUCHANAN. It bas been read. 

The eHAIRMAN. At a former session of the committee. 

Mr. NELSON. I would like to have the bill read. 

The bill was read, as follows: 

Be it enacted, &c., That the Secretary of the Treasury is hereby authorized to allow and pay, out of any moneys in the Treasury not otherwise appropriated, to the North German Lloyd Steamship Company of Bremen, the Hamburg American Packet Company of Hamburg, and the Norse American Line of 

Sweden, interest at the rate of 5 per cent. per annum on such moneys as have been exacted from such companies in contravention of treaty provisions, 

and heretofore refunded under the act of June 19,1878; such interest to be com- puted from the date of the respective payments by such companies up to the 

time of refunding the same under the act aforesaid: Provided, however, That 

such interest shall be accepted hysaid companies, respectively, in full settlement 

of all claims on account of said moneys exacted from them in contravention of 

treaty provisions as above stated. • 

Mr. BUCHANAN. As I was saying, the amount covered by the bill 

is very considerable, and the principles involved are of importance. I 

therefore take the liberty of claiming the attention of the committee 

for a short time, while I lay before them the facts upon which the bill 

is predicated. 

Allow me to say, in the :first place, that this bill was before the Committee on Foreign Relations in the Forty-sixth Congress, and also before the same committee in the Forty-eighth Congress, and in each instance reported favorably. It comes here with a favorable report from 

the Committee on Claims after, as I believe, a full and exhaustive ex- amination. It provides: 

Be it enacted by the Senate and House of Rep1•esentatives, That the Secretary of 

the Treasury is hereby authorized t-o allow and pay, out of any moneys in the 

Treasury not otherwise appropriated, to the North German Lloyd Steamship C-ompany of Bremen, the Hamburg American Packet C-ompany of Hamburg, and the Norse American line of Sweden, interest at the rate of 5 per centum per annum on such moneys as have been exacted from such compa~ies in contra- vention of treaty provisions, a.nd heretofore refunded under the act of June 19, 

1878; such interest to be computed from the date of the respective payments by such companies up to the time of refunding the same under the act aforesaid : Provided, however, That such interest shall be accepted by said companies, re- spectively, in full settlement of all claim.s on account of said moneys exacted 

from them in contravention of treaty provisions as above stated." 

For thirty years prior to July, 1862, no tonnage duties were levied 

by the United States Government upon vessels of foreign countries en- tering our ports. At that time the United States Government, being 

in sore need of funds, authorized the imposition of a tonnage act. When 

the act imposing such duties went into operation the Secretary of the 

Treasury did not :first examine and ascertain what countries were ex- empt by treaty stipulations from the imposition of tonnage taxes upon 

their ships, but exacted it upon the tonnage of, I believe, all nations 

-whose vessels entered our ports. It is true that the bill contained the 

following proviso: 

Provided, That nothing in this act contained shall be deemed in any wise to impair any rights and privileges which have been or may be acquired by any foreign nation under the laws and treaties of the United States relative to the 

duty on tonnage of vessels. 

But, as I have said, no inquiry was made as to what tonnage was exempt, and it was levied upon all. Among the lines upon which it was levied were those named in this bill. 

Under that imposition, lli. Chairman, the North German Lloyd 

Steamship Company paid, at the ports of New York, Baltimox:e, and 

New Orleans, as a tonnage tax upon vessels of their lines entering these 

ports, the sum of $130,785 ; and the Hamburg-American Packet Company also paid the sum of $130,119, and the Swedish line a much 

smaller sum. Now the fad was that at the time of the imposition of 

this tonnage tax and its collection by our Government, by treaty stipnlations with the countries owning these lines, that tonnage was exempt 

from taxation at our hands. But the money was collected by this 

Government and was turned into the Treasury. The matter thus con- tinued for some time, until the countries in question called the attention of our Government to the fact that their shipping was exempt from 

the imposition ofthese duties, when this Government discontinued the 

collection of the tax. 

June 19, 1878, Congress passed an act refunding this tax to these 

companies. During the consideration of that bill in the Senate, Mr. 

MoRRILL, chairman of the Committee on Finance, addressed a letter 

to the Secretary of the Treasury, under date of April 8, 1878, submitting to him, among others, the following inquiry: 

Again let me ask you whether, if nothing is said in the act as to the payment 

of interest., you would pay any? ~ 

To this the Secretary replied as follows, under date of April15, 

1878: 

You further inquire whether if nothing be said in the act about payment of 

interest this Department would pay interest on the amounts originally exacted, J reply that the question whether interest should be paid on the original claims 

would depend on the obligations of the Government under the treaty stipulations referred to, a':l such stipulations are ordinarily construed by the law of na- tions. 

I repea~ the last phrase: 

As such stipulations are ordinarily construed by the law of nations. 

Thereupon the bill was passed. After the bill became a law the then 

Secretary of the Treasury referred the matter to the Attorney-General 

of the United States for his opinion: Whether, under the wording of 

the act, it was the duty of the Treasury Department under that act to 

allow the interest as well as the principal upon these claims. 

To this inquiry the Attorney-General made this reply: 

DEPARTMENT OF JUSTICE, Washington, July 19,1878. 

Sm: In ·addition to questions submitted relating to claims by citizens of the 

Hanseatic republics and subjects of Norway and Sweden for repayment of 

tonnage tax unaer the act of June 19, 1878, your letter of the 15th instant inquires whether by virtue of the stipulations of the treaties upon which the claims 

in question were based, claims for interest on the sums exacted as tonnage tax in contravention of treaty provisions from steamers of theN orse American Line 

and of the North German Lloyds Line should be paid by the United Stat-es, and 

if such claims for interest are valid and payable whether the Secretary of the 

Tteasury is authorized under the provisions of the act of June 19,1878, to refund 

interest on the amounts of tonnage tax so exacted by the United States in con- travention of treaty stipulations of the steamers of the lines mentioned. 

Provision for the payment of these claims is specific, namely, section 3012 of 

the Revised Statutes. The question whether interest is payable upon these 

claims is involved in the question whether such would be the usual course of 

administration under that section. I understand that interest is not payable, according to the ordinary course of administration, upon the refunding of duties by authority of that section which have been improperly collect-ed. This seems to be a correct construction of the statute as a matter of law, and it being the only practical question involved in the letter, I respectfully reply that the 

Secretary of the Treasury is not authorized to refund interest in amounts of 

tonnage tax enacted by the United States in contravention of treaty stipulations. Whether or not interest should be allowed as a matter of international justice and propriety upon these claims is not a question upon which it is necessary for me to express any opinion. If such claim exist.s,itmust be made to Congress. The only inquiry I have to answer is purely a domestic one, namely, as to the 

administration of the law as it at present exists. 

Very respectfully, your obedient servant, 

CHAS. DEVENS, AUorney-Gcnel'al. 

Hon. JoHN SHERJILL'Q', 

BeeretaT']J of the Treasury. 

As a result of the opinion of the Attorney-General the Secretary of 

the Treasury declined under this act to allow interest upon these 

claims. The claims were presented to the Secretary of the Treasury, 

with interest added at 6 per cent., amounting, in the case of the North 

German Lloyd Company, to $80,737.50 to August 8, 1878, and the 

HambnrgPacketCompany, to$75,069.27 toJuly1, 1878; but as I have 

said, under the opinion of the Attorney-General, the Secretary of the 

Treasury refused to allow that portion which was for interest, and the 

companies accepted the principal, but accepted it under protest. That 

it was accepted under protest is evident from a letter of Ron. William 

M. Evarts, then Secretary of State, to Hon. John Sherman, then Secre· tary of the Treasury, under date of January 31, 1879, in which he says, 

referring to a communication of th_e German minister: 

The protests referred to therein are already in the possession of the Treasury 

Department. 

That these protests were :filed there can be no question. 

Thereupon the German minister addressed to Hon. William M. Evarts, 

Secretary of State, under date of January 5, 1879, a communication 

calling his attention to the facts that I have recited, and again commu- nicating to him the claim of these steamship companies for interest, to- getb~r with memoranda of the separate payments of the tax upon which 

such claims for interest arose, and requested that interest should be 

paid upon those claims. The Government officials, of course acting 

upon the interpretation by the Attorney-General, felt themselves without power to allow this claim for interest, and thereupon these companies appealed to Congress for relief, losing no time, but coming at once and presenting their claim, the matter being transmitted to this 

Honse by Hon. John Sherman, Secretary of the Treasury, under cover of February 8, 1879. 

Mr. HOPKINS. Will the gentleman permit me to ask him a question? 

·:Mr. BUCHANAN. I have my facts arranged in consecutive order 

and I will try to state them all. If after I am through I have left anything unexplained I will be only too happy to answer any interrogatory. 

The resultoftheappeal to Congresswas, as I have stated, in each instance a favorable report by the Committee on Foreign Affairs. The 

bill was again introduced into the present House, was examined by the 

Committee on Claims, as I have stated, and is reported here for examination and action by the Committee of the Whole. 

In addition to what I have stated, I bold in my hands a copy .of a letter addressed by the German minister to the Secretary of State, under the 

date of February 16, 1886, and which copy comes to me from the Department of State under cover of a communication of March 3, 1886, 

from that Department. This letter I ask the Clerk to read. 
1360 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 4, 

The Clerk read as follows: 

[Translation.] 

M1". Secretary of State: 

!MPERIAL GERMAN LEGATION, 

Washington, February 16, 1886. 

In obedience to instructions received from the Imperial Government, I have 

the honor most respectfully to ask your kind consideration in the following matter: 

As you at·e probably n.ware, Mr. Secretary of State, from previous negotiations of my predecessor, Mr. VonSchlozer, with the Department of State of the United 

States, certain German navigation companies, namely: TheN orth German Lloyd of Bremen, the Hamburg American Packet Stock Company, and the Adler Line, 

which has since been incorporated with the latter, have had refunded to them 

by a resolution of Congress, dated June 19,1878, the sums of $130,785.64,$130,119.80, 

and 1!8,253.18, which sums had been collected from them as a so-called tonnage 

tax, in violation of the provisions of the law of DecembeT 31,1862. The said collection was consequently illegal. This restitution, as may be seen by the pro- ceedings of Congress at that time (Report 124, part 2, H. R. Forty-fifth Congre s, second session), "refunding tonnage tax," was provided for, on the ground of the 

treaty concluded in the year 1827 between the United States and the Hanseatic re- publics, and of the most favored nation clause of said treaty, because Belgium, by 

her treaty with the United States concludec.l in 1858, had secured exemption from 

the tonnage tax for her steamers entering the ports of the United States. 

This decision of Congress was adopted in pursuance of the unanimous opinion 

of the Attorney-General of the United States, of the Secretary of State, and of the 

Secretary of the Treasury, and the companies interested thought, when they re- ceived the moneys refunded to them, that they had a right to expect that inte1·est 

thereon for the period of thirteen years would be paid them, as is usual in such cases, and as had repeatedly been asked for and obtained by the United States. 

They were, however, informed, in reply to their representations, that, in the 

opinion of the disbursing officers of the Treasury Department., the act of June 19,1878, could, in strictness, be construed as providing for the payment of the 

principal only. The Bremen and Hamburg companies thereupon received the payments under 

protest, declaring through their representatives that they could not forego the 

payment of the interest, as the tax had been collected on the basis of special instructions from the Secretary of the "Treasury, who must have known that its 

collection was contrary t<> existing treaties. 

Since that time the companies have repeatedly endeavored to obtain the 

aforesaid interest, without getting a settlement of their claims, although are- port of the Committee on Foreign Affairs in the Forty-eighth Congress (Report 

of lli. Eaton, H. R. No.1568) had expressly declared in favor of the justice of the same, adducing in addition to numerous other precedents the presentation of 

the u Alabama claims," in which case the American side had insisted from the commencement upon the payment of interest. 

The Imperial Government having fully informed itself of the situation of this case, I have been authorized and I ha-ve the honor, 1\Ir. Secretary of State, to appeal to yom· kind mediation, so that the said a.ffair may again be submitted to the consideration of the competent authorities. 

Requesting you to kindly inform me of the results of your endeavors, I avn.il 

myself of this occasion to renew to you the assurances of my distinguished con- sideration. 

H. v. ALVENSLEBEN. 

11Ir. BUCHA.N.A.N. I have also here a copy of a letter from the Treasury Department, of March 4, 1886, forwarded under cover of a communication of the following day from the Secretary of State; and I will 

ask the Clerk to read the letter. 

The Clerk read as follows: 

TREASURY DEPART:liENT, Ma1·ch 4, 1886. 

Xhe honomble the Sec'J·etaT'!J of Stale: 

SIR: I have the honor to acknowledge the receipt of your letter of tbe 3d in- stant submitting for the consideration ofth is Department a translation of a note nnder date of the 16th ultimo, from the Minister of Germany at this capital, in 

relation to the claim of certain German steamship companies for the payment 

of interest on certain moneys which were exacted from said companies in con- travention of treaty provisions, and heretofore refunded to them under the act of .July 19, 1878. You request the views ofLhis Department as to the justice of the claims of the 

German steamship companies. I have the honor to reply that the companies referred to in the note of the Ger- man Minister are, the North German Lloyd, the Hamburg American Packet 

Company; and the Eagle Line. The amounts paid to these several companies will be found tabulated in· the Senate Executive Document No. 30, of the second 

session of the Forty-eighl.h Congress, a copy of which was transmitted to the 

Department of State in a communication from this Department of the 16th of 

January last, 1·clating to claims for repayment of tonnage duties on French ves- sels. I would say in thi.s connection that. a speci:tl claim for the refund ofthe tonnage tn.x paid on a steamship of the Lloyd line, with interest, was presented this De- partment in 1875, and 'Yas rejected solely on the ground of a lack of protest and 

appeal. and not on the ground that it was not u. just claim. In January, 1873, 

these German st-eamships were declared exempt by order of this Department 

from payment of tonnage dues on account of the exaction of such dues being in 

contravention of treaty stipulations. The sheer inability of this Department to 1-efund tonnage dues illegally exacted in the absenc.e of a proper protest and 

appeal, led to the passage of the act of July 19, 1878. The justice of the claim to the original sum never was disputed or doubted by this Department. In a communication of the Secretary of the Treasury to the chairman of the Committee on Finance of the Senate under date of April IS, 1878, it was declared that 

the money (the tonnage exactions), of which refund is demanded, was taken in 

violatjon of law and in contravention of "treaty stipulations." Congress admitted the justice of the original claims by the passage of the act of July 19, 1878. In the letter of this Department above referred to it was said, 

in response to the question whether interest could be paid on the original claims, that that would depend upon the obligations of this Government under 

its treaty stipulations with the Hanseatic towns, "as such stipulations are or- dinarily construed by the law of nations." It is not for this Departn:tent to decide what usage may require in thisclassofcases; butitisknown thatthis Gov- ernment demanded interest in the settlement of the Alabama. claims and has 

paid interest on claims of foreign governments when such claims had no basis m justice more clearly evident than those of these German companies. The 

original moneys were taken and have been long held from the original claimants, simply because the power of this Department to cut off interest was sore- stricted by the law requiring protest and appeal. The refusal to pay interest in cases of this character might be a detrimental precedent should claims of a similar character arise or be discovered where this Government might be claimu.nt. 

Respectfully yours, 

C. S. FAIRCHILD, 

Acting Secretary. 

Mr. BUCHAN AN. The committee will notice that in this communication from the Acting Secretary of the Treasury it is expressly stated 

(and in fact Congresshadalreadyadjudged that question by the passage 

of the refunding act alluded to) that this money was taken in direct 

contravention of treaty obligations; and he also ealls attention to the 

fact that in similar cases the United States has required not only the 

refunding of the money but also the interest which had accrued; and 

he also calls attention to the fact that the refusal to pay interest in cases of this character might be a detrimental precedent for this country in 

cases arising hereafter. In addition to that I desire to call the attention of the committee to the language of the President of the United 

States in his last annual message transmitted to Congress. In that 

message he uses these words: 

The claims for interest upon the amount of tonnage dues illegally exacted 

from certain German steamship lines were favorably reported in both Houses of Congress at the last session, and I trust will receive final and favorable action at an early day. 

These claims referred to, and spoken of as having been favorably reported in both Houses at the la.st session, are the claims embraced in 

this bill. 

It is a fact that before this message wns transmitted there had been 

demands made by the German Government upon our Government for 

the payment of this interest, and the recommendation is strictly in the 

line of international comity. 

These are the facts in the case as ascertained by your committee, to 

whom you delegated authority to investigate the matter, and I can best sum them up in the terse words of the gentleman who made the 

report from the Committee on Foreign Affairs in the Forty-eighth Congress. He says: 

From the facts in the case it appears: 

1. The United States, by the treaty of 1827 with the Hanseatic republics, en- gaged not to grant any particular favor to any other nation in respect of com- merce and navigation that should not immediately become common to those 

republics. 

2. That by the treaty of 1858 with Belgium the steamships of that country were exempt from payment of tonnage duties in ports of the United States. 

3. That by operation of these treaties taken together, the steamships of the 

Hanseatic porta were also exempt so long .as both treaties should remain in 

force. 

4. That, notwithstllllding such exemption by treaty and the proviso in the act of 1862 that ''nothing in this act contained shall be deemed in any wise to impair any rights or privileges which have been or may be acquired by any foreign nation under the laws and treaties of the United States relative to duty on tonnage of vessels," nevertheless these provisions were totally disregarded by the United States officers, and large sums of money were e:xacted from compa- nies thus exempt. 5. Thatsuche:xactions were made in contravention of the treaty stipulations of the United States has been decided by the A.ttorney-General, by the Secretary of State, and the Secretary of the Treasury, and, lastly, determined by Congress by the act of June 19, 1878, under construction of which the precise sum exacted has been refunded, and no more (althou~rh claim was made as for interest), the United States havi~g the uninterrupted use of such moneys for a period varying from.lhree to fifteen years. 6. That such refund was taken under protest, with a distinct declaration on part of claimants that claims for interest would be urged before Congress. 

Another fact should be taken into consideration in connection with 

this case. That is, that during all this time when our Government, in 

violation of these treaty obligations, was collecting a tonnage tax from 

the vessels of the German Government, Germany was allowing our 

vessels to enter her ports without the imposition of a tonnage tax. 

Mr. MORROW. I would like to ask the gentleman what evidence 

he has that the Gennan Government was not exacting a similar tax 

from our ships at that time? I do not .tind it in the report. 

Mr. BUCHANAN. I did not embody all the evidence in the report. 

If I had done so, the document would have been too voluminous. That 

is not the practice. But I can assure the gentleman that the fact is as I have stated. 

It bas been said that the United States Government never pays interest because it is to be presumed that it is always ready to pay its debts. 

If any one will serve for a session of Congress upon the Committee on 

Claims he will be very likely to discover that in some instances at 

least, that is a very violent presumption. But, however that may be, 

the proposition does not apply here, because in this case a demand for a refund was made, and the Government of the United States did not 

comply with that demand, but utterly neglected to do so. .Again, 

whatever may be the rule between the Government and its citizens, 

this is a case between this Government and the governments of other 

countries-because those governments have made the case their own. 

Now, what is the rule of international law upon this subject? I will 

detain the committee but a. few moments while I read one or two au- thorities upon that point. In Wheatonon International Law, page 341, 

it is laid down thatIf a nation has taken possession of that which belongs to another [as we did], 

and if itrefuses to pay a. debt [as we did] to repair an injury or to gi>e adequate 

satisfaction for it, the latter may seize something of the former anc.l apply it to its advantage until it obtains payment of what is due, with interest and damages. 

And the rule is laid down by Rutherford in these terms: 

In estimating the damages which any one has sustained, if such things as he 

has a perfect right to are unjustly taken from himorwithholdeu or intercepted, we are to consider not only the value of the thing itself, but tlle value likewise 

of the fruits or profits that might have arisen from it. 

I have other citations which I will not detain the committee by 
1887. CONGRESSIONAL RECORD-· HOUSE. 1367 

reading. This claim arises by reason of the operation of a treaty. 

:Mr. Webster, in speaking of a certain treaty, says: 

This compact between nations, this treaty, is to be construed and interpreted 

throughout its whole length and breadth, in its general provisions and in all 

its details, in every phrase, sentence, word, aud syllable in it, by the settled 

rules of the law of nations. 

And I here say that there can be no question that, according to the 

settled rules of the law of nations, the precedentg are in favor of the 

allowance of interest on a claim like this. We have established precedents ourselves in this respect; and again I will quote from thereport: 

The practice of the United States in discharging obligations resulting from 

treaty stipulations bas always been in accord with these well-established principles. It has exacted the payment of interest from other nations in all cases where the obligation to make payment resulted from treaty stipulations, and it 

has acknowledged that obligation in all cases where a like liability was imposed upon it. 

The mos' important and leading cases which ha>e occurred are those which arose between this country and Great Britain-the first under the treaty of 1794, 

and the other under the first article of the treaty of Ghent. In the latter case the United States claimed compensation for slaves and other property taken away from the country by the British forces at the close of the war in 1815. A difference arose between the two Governments, which was submitted to the 

arbitrament of the Emperor of Russia, who decided that "the United States of 

America are entitled to a just indemnification from Great Britain for all private 

property carried away by the British forces." A joint commission was appointed for the purpose of hearing the claims of individuals under this decision. 

At un early stage of the proceedings the question arose as to whether interest was a part of that "just indemnification" which the decision of the Emperor of 

Russia contempla.ted. The British commissioner denied the obligation to pay interest. The American commissioner, Langdon Cheves, insisted upon its 

allowance, and, in the course of his argument upon this question, said: 

"Indemnification means a reimbursement of a loss sustained. If the property taken away on the 17th of February, 1815, were returned now uninjured, it 

would not reimburse the loss sustained by the taking away and consequent 

detention; it would not be an indemnification. The claimant would still be 

unindemnified for the loss of the use of his property for ten years, which, con- sidered as money, is nearly equivalent to the original valu.e of the principal 

thing." 

Again, he says: ''If interest be an incident usually attendant on the delay of payment of debts, 

damages are equally an incident attendant on the withholding an article of 

property." 

In consequ.ence of this disagreement, the commission was broken up; but the 

claims were subsequently compromised by the payment of $11204,960, instead of 

$1,250,000, as claimed by Mr. Cheves; and of the sum paid oy Great Britain, 

S418,000 was expressly for interest. 

The propriety of this claim for interest was subsequently submitted to William "\Virt, then Attorney-General, for his opinion. Mr. Wirt said: "I am of the opinion that the just indemnification awarded by the emperor involves not merely the return of the value of the specific property, but a com- pensation also for the subsequ.ent use and wrongful detention of it in then&- ture of damages. * * • I am of opinion that the interest, according to the usage of nations, is a necessary part of the just indemnification awarded by the 

Emperor of Russia." (Opinions Attorneys.General, vol. 2, p. 33.) An earlier case, in which this principle of interest was inYolved, arose under 

the treaty of 1794 between the United States and Great Britain, in which there was a stipulation on the part of the British Government in relation to certain 

losses and damages &ustained by American merchants and other citizens by reason of the illegal or irregular capture of their vessels or other property by British cruisers; and the seventh article provided in substance that "full and 

comp!ete compensation for the same will be made by the British Government to said claimants." A joint commission was instituted under this treaty, which sat in London, and 

by whlch these claims were adjudicated. Mr. Pinckney and Mr. Gore were commissioners on the part of the United States and Dr. Nicholl and Dr. Swabey on the part of Great Britain; and it is believed that in all instances this com- mission allowed interest as a part of the damage. In the case of "The Betsey," one of the cases which came before the board, Dr. Nicholl stated the rule of com- pensation as follows: 

"To reimburse the claimants the original cost of their property, and all the expenses they have actually incurred, together with interest on the whole 

amount, would, I think, be a just and adequate compensation. This, I believe, 

is the measure of compensation usually made by all belligerent nations, and 

accepted by all neutral nations, for losses, costs, and damages occasioned by illegal capture." (Vide Wheaton's Life of Pinckney, page_198; also page 205; 

note, page 371.) 

By reference to the American Stute Papers (Foreign Relations, volume 2, pages ll9, 120) it will be seen by a report of the Secretary of State of the 16th of Feb- ruary, 1798, laid before the House of Representatives, that interest was awarded 

and paid on such of these claims as had been submitted to the award of Sir 

William Scott and Sir John Nicholl, as it was in all cases by the board of com- missioners. In consequence.of some difference of opinion between the mem- bers of thls commission, their proceedings were suspended until 1802, when a convention was concluded between the two Governments, and the commission 

reassembled, and then a question arose as to the allowance of interest on the 

claims during the suspension. This the American commissioners claimed, and 

though it was at first resisted by the British commissioners, yet it was finally 

yielded, and inte1·est was allowed and paid. (Seel\fr. King's three letters to the 

Secretary of State, of 25th l.\Iarch,l803, 23d April,l803, and 30th April, 1803, American State Papers, Foreign Relations, volume 2, pages 387, 388.) 

Another case in which this principle was involved arose under the treaty of 

the 27th October, 1795, with Spain, by the twenty-first article of which, "in order to terminate all differences on account of the losses sustained by citizens of the 

United States in consequence of their vessels and cargoes having been taken by 

the subjects of His Catholic Majesty during the late war between Spain and 

France, it is agreed that all such cases shall be referred to the final decision of 

commissione1'S, to be appointed in the following manner," &c. The commissioners were to be chosen, one by the United States, one by Spain, and the two were to choose a third, and the award of the.commissioners, or any two of them, was to be final, and the Spanish Government to pay the amount in specie. 

This commission awarded interest aa part of the damages. (See American 

State Papers, volume 2, Foreign Relations, page 283.) 

So, in the case of claims of American citizens against Brazil, settled by lUr. 

Tudor, United States minister, interest was claimed and allowed. (See House Executive Document No. 32, first session Twenty-fifth Congress, page 249.) 

Again, in the convention with Mexico of the lltb of April,1839, by which pro- vision was made by Mexico for the payment of claims of American citizens for 

injuries to persons and property by the Mexican authorities, a mixed com.mission was provided for, and this commission allowed interest in all cases. (House Executive Document No. 2911 Twenty-seventh Congress, second session.) 

So. also, under the treaty with Mexico of February 2, 1848, the board of com- missioners for the adjustment of claims under that treaty allowed interest in 

all cases from the origin of the claim until the day when the commission ex- pired. 

So, also, under the convention with Colombia, concluded February 10, 1864, 

the commission for the adjudication of claims under that treaty allowed inter- est in all cases as a part of the indemnity. So, under the recent convention with Venezuela., the United States exacted 

interest upon the awards of the commission, from the date of the o.djournmeu.t 

of the commission until the payment of the.. awards. 

The recent mixed American and Mexican commission allowed interest in all cases from the origin of the claim, and the awards were paid with interest. 

The distinguished tribunal at Geneva, under the treaty of Washington, al- lowed interest on the claims of the United States again ost Great Britain as being 

"just and reasonable . " In discussing the measure for determining damages to be awarded gainst 

Great Britain by the tribunal at Geneva, the eminent counsel of the United 

States, Mr. EvARTS, 1\Ir. Cushing, and Mr. Waite, contended as follows: 

"The counsel assume that interest will be awarded by the tribunal as an element of the damage. We conceive this to be conformable to public law and to be required by paramount considerations of equity and justice," 

The counsel thereupon cited the then recent decision by Sir Edward Thorn- ton, the British minister at Washington, as umpire of a claim on part of the 

United States against Brazil, which held that the claimants were entitled to interest by the same right that entitled them t{) reparation-the interest allowed · being $45,077, nearly half the total award of $100,740. The counsel for the United 

States further relied upon the awards under the treaty of Ghent and the Jay 

treaty, herein elsewhere referred to, as marked precedents for the allowance of 

interest. · , The counsel on behalf of Great Britain, while objecting to the principle urged 

by the United States as not being applicable to unliquidated claims, neverthele admitted its reason or justice as to liquidated or ascertained claims in the following words: 

"Interest, in the proper sense of that word, can only be allowed where there 

is a principal debt of liquidated and ascertained amount detained and withheld 

by the debtor from the creditor after the time when it was absolutely due and 

ought t{) have been paid, the fault of the delay in payment resting with the debtor, or where the debtor has wrongfully taken possession of and exercised 

dominion over the property of a ereditor. In the former case, from the time when the debt ought to have been paid, the debtor has had the use of the c~ed

itor's money and may justly be presumed to have employed it for his own profit 

and advantage. He has thus made a gain corresponding with the loss which 

the creditor has sustained by being deprived, during the same period of time, of the use of his money, and it is evidently just that he should account to the creditor for the interest, which the law takes as the measure of this reciprocal 

gain and loss. In the latter case, the principal is exactly the same; it is ordi- narily to be presumed that the person who has wrongfully taken possession of 

the property of another has enjoyed the fruits of it; and if instead of this ha 

has destroyed it, or kept it unproductive, it is still just to hold him responsible for interest on its value, because his own acts, after the time when he assumed control over it, are the causes why it has remained unfruitful In all these cases it is the actual or virtual possession of the money or property belonging to an- other which is the foundation of the liability of interest. The person liable is either lucratu.s by the detention of what is not his own, or is justly accountable as if it were so." 

And in pursuance of the principles th\18 asserted, the exalted tribunal at GenevA allowed interest on the demands of the United States against Great Britain, in 

the following words: 

"And whereas it is just and reasonable to allow interest at a reasonable rate." 

(See decision and award oft.he arbitrat{)rs.) In Judge Hale's report of November, 1873, to the Secretary of State, of cla.ims 

before the American British mixed commission under article 12 of the trea ty 

of 8th of l\fa.y, 1871, he says: "The commission ordinarily allowed interest at the rate of 6 per cent. per a n- num from the date of the injury to the anticipated date of the final award." (Executive Document, part 1, first session F orty-third Congress. Part 2, For- eign Affairs, p. 21.) It can hardly be necessary to pursue these precedents further. They sufficiently and clearly show the practice of the Government of the United States with for eign nations or with claimants under treaties. Nor has the recovery of interest as against foreign powers depended upon ar- bitration or joint commissions for recognition of the principle. Such claims for 

interest have been directly and successfully urged by the diolomatic representatives of the United States as a matter of right under principles of esto.blished 

internationa1la.w. The cases are innumerable where claims have been enforced in behalf of citi- zens of the United States against foreign governments, with interest, and where, too, the damages were unliquidated, and rested even in tort. These cases may be found stated at length in Senate Executive Document No. 18, second session Thirty-fifth Congress. But confining ourselves rigidly to precedents established by the Government of the United States, like case now presented, we find numerous instances. The United States presented a claim against Portugal for loss by seizure in 

1829, at Lisbon, of specie belonging to James Hall and J. Shepherd, citizens of 

the former government, which was being shipped contrary to law. Restitution was subsequently made, 517,741.98 being allowed to the United States, of which sum 87,652.98 was expressly allowed as interest. . Claims asserted against Mexico in behalf of .Jonas P. Levy for illegal duties exacted in 1843--'46, where $3,675 was recovered, including interest. Case of 

William B. Hatch for overcharge of tonnage duties, where $277.65 was recovered, with interest. 

The case against Brazil of William W. Harper, a.d.ministrator, for fine paid cus- tom-house at 1\Iara.nham, interest, &c.,where 51,130.40 was recovered. The case of John Devereux, for anchorage and tonnage dues unlawfully imposed on the bark Globe, where, including interest, $196.99 was recovered. 

The case of Foster & Elliott, for fine exacted on ship Louisiana, at Rio, in Jan- nary,1835, where $577;94 was recovered, including interest. The case of Francis 

A. Gray, for illegal exaction of fine at Rio in same year, where $1,453.94 was re- covered, including interest. The case of Hyman Grat.z, president of Pennsyl- vania Insurance Company,forinterest(only) on customs duty illegally exacted 

and previously refunded by Brazilian Government, $506.65 was allowed andre- covered. The United States claimed certain indemnity from thA Government of Brazil 

in the matter of the brig Caroline, which was paid. Subsequently, on review by this Government, the conclusion was reached that the money had been un- justly demanded and received, a.nd in a letter of Secretary Fish to Senor de Bar- ros, of the Brazilian legation, dated Department of State, June 26, 1874, be says: "I now have the honor to inform you that the President, after a careful ex- amination of the case, has come to the conclusion that the Government of Brazil 

is not justly responsible for the damages in this case. It is understood that the Government of His Majesty the Emperor of Brazil is of the same opinion re- · specting it. Under these circumstances lhe President regards it as the duty of 

the United States t o repay to Brazil the amount thus received by their ministez at Rio, with interest thereon at 6 per cent. pel' annum. " * * " Here the sum of 596,405.73 was accordingly paid, covering the amount orig--
1368 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 4, 

inally exacted with 6 per cent. interest thereon, as being a. just reparation for moneys wrongfully exacted from a. foreign power. (See Foreign Relations• 

United States1 second session Forty-third Congress, No. 63, page 95.) It will thus oe seen that no principle is now urged that has not hitherto been 

re-peatedly and successfully enforced by the United States in behalf ofits own citizens against foreign Governments. 

As to legislative precedents for the payment of interest between this 

Government and its subjects, I will say in passing I have here a list 

of one hundred and fifty-two acts of Congress, commencing in 1789, by 

which such claims have been allowed. 

In dealing with this matter we must remember that we are setting a 

precedent which will be applied in the future to ourselves and our claims against other nations. If we refuse to pay this claim we establish a precedent which in the complications liable in the future to come to all nations may return to plague us. 

To sum up what I haYe to say on this case I again use the words of 

the report: · 

The obliga.tions of the United States, construed as they must be in this in- stance by rules and precedents of an international character, are not and can not be properly discharged without the payment of interest on these claims. This 

Government must and should uncomplainingly submit to the administration of 

such rules of international law as it has aided to establish for the determination 

of rights between itself and other powers. It could not now with propriety and 

for the purpose of a temporary and pecuniary gain ask other nations to change a. rule to which it has long and consistently adhered and by which its citizens 

have hitherto been repeatedly benefited. As we have said before, the question is one of the highest national importance, as it involves a. consideration of na- tional honor, and its determination will sanction a principle to which the United 

States will henceforth stand committed in the enforcement of its own demands 

aguinst foreign powers. 

Now, if any gentle}llan wishes to propound any inquiry I will gladly 

afford any information which I have not already given and which it is 

in my power to afford. If not, I will ask that the Committee of the 

Whole adopt the amendment, which I ask the Clerk now to rea{!. 

The Clerk read as follows: 

In line 4, after the word "pay," insert" to the German minister duly accredited to this Government;" and in line 5, after the word" appropriated," insert " to be by him paid;" so as to read: 

''That the Secretary of the Treasury is hereby authorized to allow and pay to U1e German minister duly accredited to this Government, out of any moneys in the Treasury not otherwise appropriated, to be by him paid to the North 

Oern:o.n Lloyd Steamship Company," &c. _ 

:Mr. BUCHANAN. The sole effect of this amendment is to make 

these moneys payable by the United States to the German minister. 

This becomes necessary inasmuch as the German Government has taken 

this matter in hand. 

Mr. WARNER, of Missouri. The object is to enable that Government to make just distribution of the fund. 

Mr. BUCHANAN. It is to be paid to the German minister, to be 

by him applied in discharge of these claims; and the-bill provides that 

this money shall be accepted in satisfaction of all claims under these 

treaties. Unless some gentleman desires further information, I move 

the adoption of the amendment. - Mr. WARNER, of Ohio. I desire to make an inquiry. At the 

time of the payment of the principal some years ago was there not em- braced in the receipt a provision similar to that now embraced in this 

bill that the payment should be in full of all claims? 

Mr. BUCHA.L~AN. On the contrary, according to the information 

of the committee-and there can be no dispute about the fact-that 

p::tyment was accepted under protest. 

.Mr. WARNER, of Ohio. One other question. From the gentleman's l'emarks (to which I listened attentively, though sitting at a distance from him) I did not learn when these dues were collected 

from these steamship companies-in what year? 

Mr. BUCHANAN. Beginning in 1862 and ending in 1875-possibly a little later. 

Mr. WARNER, of Ohio. These payments were assumed by our 

Government to be due under the law at the time they were collected, were they not? 

Mr. BUCHANAN. I have already stated that the law which directed 

the imposition of these tonnage duties provided expressly that such 

imposition should not be in violation of treaty obligations. The dues were levied under that law, whereas it was afterward discovered that 

they were in violation of treaty obligations. 

Mr. WARNER, of Ohio. Will the gentleman state what a(ljudication there has been under the law or undel;' the treaty? 

Mr. BUCHANAN. Congress, by the refunding act of 1878, passed 

npon the question and directed the Secretary of the Treasury to refund 

that amount which he found to have been collected in violation of 

treaty obligations. Under that aet he refunded the principal. 

Mr. WARNER, of Ohio. And now this is for the interest. How 

much does this amount to? 

Mr. BUCHANAN. Gcmething over $200,000. 

Mr. WARNER, of Ohio. At what rate of interest? 

:Mr. BUCHAN .AN. Five per cent. And we must 1·emember that 

these duties were paid in gold at a time when there was a high premium 

npon gold; and when they were repaid there was no premium on gold. 

Mr. WARNER, of Ohio. That has nothing to do with the question. 

Gold was gold. 

Mr. BUCHAN AN. I know it was; and very hard to get. 

Mr. WARNER, of Ohio. That does not enter into the question at 

all. I was about to ask the gentleman further why 5 per cent. is taken as the rate of interest rather than 4 per cent. or any other rate? What 

particular reason is there for adopting 5 per cent.? 

Mr. GUENTHER. Is not the rate our Government always insists 

upon·from other governments 5 per cent.? 

Mr. BUCHANAN. Gentlemen ask why 5 per cent. instead of 4? 

It is taken instead of the usual rate of 6. 

A MEMBER. The usual rate between nations is 6, is it not? 

Mr. GUENTHER. No; it is 5. 

Mr. BLANCHARD. What was the amount of the principal originally returned to these people? 

Mr. BUCHANAN. From one steamship a little over $16,000, from 

another steamship a little over $17,000, aud from another steamship a little over $18,000. I can not give the aggregate amount. One line 

aggregates $130,800; another line, $130,119. I can not give the exact 

figures, but am nearly accurate. 

Mr. BLANCHARD. Thio; bill carries $200,000, about? 

l\fr. BUCHANAN. This bill carries nothing. It provides simply 

that t.he SecretaryoftheTreasuryshall ascertain when these payments were made and compute the interest upon them and return it. · 

Mr. WARNER, of Ohio. Allow me to ask you how the interest is 

computed? 

Mr. BUCHANAN. At the rate of 5 per cent. 

Mr. WARNER, of Ohio. Five per cent. from date, compounded? 

Mr. BUCHAN AN. I believe it is neither the rule of nations nor of 

individuals to compound. No compounding is provided for. 

Mr. WARNER, of Ohio. I do not know what the rule is. 

Ur. BUCHANAN. No; but it has to be done under the Secretary 

of the Treasury, in whom, perhaps,-the gentleman has more fait.h than 

he has in the Committee. 

Mr. WARNER, of Ohio. I would have more if I knew what the 

rule is. It is simple interest, I presume. :ur. BUCHANAN. It is left to the Secretary of the Treasury to 

compute interest, and the committee had faith enough in him to believe he would compute the interest properly. He certainly will not 

compound it. 

Mr. WARNER, of Ohio. Without prescribing any rules to him? 

Mr. BUCHANAN. Certainly not. He knows how to compute. 

Mr. RICE. !wish to ask thegentleman fromNewJerseythisquestion, whether this is not interest on money that was paid contrary to 

treatybythese steamship companies during thewar, when interestwas 

at a higher rate than 5 per cent., and when the Government had to 

pay more than 5? 

Mr. NELSON. It paid 6. 

Mr. BUCHANAN. Yes; the Government paid morethan5percent. 

Mr. RICE. So the inte1·est is to cover years back, ~d not for the 

present? 

Mr. BUCHANAN. As I have already stated, this began in 1862. 

Mr. WARNER, of Missouri. Let me inquire whether it is not a fact that in considering the matter in committee we took what was less 

than the average interest prevailing at the time? 

Mr. BUCHANAN. We did. We erred, if we erred at all, in favor 

of the United States. 

Mr. McMILLIN. Allow me to ask a question. 

Mr. BUCHANAN. With pleasure . :Mr. McMILLIN. If I understand this bill correctly, it providesfor 

interest, and for interest only? 

l\Ir. BUCHANAN. It does. 

Mr. McMILLIN. The principal has been already paid? - Mr. BUCHANAN. It has. 

Mr. McMILLIN. Now there was pl'operty taken from citizens of 

the United States for the support of the Anny, loyal citizens, from the 

years 1861 to 1864, and I will ask my friend to state whether it has 

not been the policy of the Government from the first to the la.st in all 

those claims up the present time not to allow any interest? 

Mr. BUCHANAN. The confusion in the Hall is so great I am un- able to hear the gentleman. 

Mr. McMILLIN. We have been paying claims since the early part 

of the war, what are known as quartermaster or Fourth of July claims, 

and we have paid thousands and tens of thousands of them. Now, is it 

not a fact that the Government has not in a single instance paid a dollar of interest on any one of the those claims? 

Mr. BUCHANAN. I did not say anything in regard to them. 

This is not a question between the Government and its own citiz~n.·:;, 

but a question between this Government and other governments, and 

we are following the precedents we have established. We do not desire to establish any new precedents which will return hereafter to plague 

us. 

Mr. UcMILLIN. I will state that the Governmentha.snot.allowed 

a dollar of interest to any one of its own citizens upon the claims I 

have mentioned. I was on the Committee on Claims for two years, and we had thousands of claims before ns, and interest was not allowed on a single one of those claims. I undertake to say there is not an allow- ance of interest on any such claim now upon the Private Calendar. 

Even when such claims have been due for years, even in cases of a,r.. 
1887. CONGRESSIONAL RECORD-HOUSE. 1369 

rears of pension, amounts that the Government admits it has owed the 

citizen for years, no interest has ever been paid; and I want to know 

from the gentleman upon what principle he bases an obligation of this 

character and makes it higher and more bindirig than that of the Government to its own citizens? 

Mr. BUCHAN AN. I have already stated twice, in tones the gentle- man from Tennessee could not have failed to hear, the reason, and if he can not understand it it is beyond my power to make him understand it. 

I place it, sir, upon the principle that by the rules of international law we are bound to pay this interest to the citizens of those other Governments. 

I also desire to say-although the gentleman lengthened his question 

into a quite an extended statement-one thing else. I am bound to 

say that precedent after precedent can be cited in which we have 

claimed interest from foreign governments, and notably in the case of 

the Alabama claims, which I cite as an instance in which we have 

claimed interest. I refer also to the other cases I have already cited. 

And in further response to what the gentleman has stated, I have 

here in my hand, as I have already said, a list of one hundred and fiftytwo acts of the Congress of the United States in which interest has 

been allowed, the most of it to our own citizens. 

Mr. McMILLIN. While upon that subject I will ask the gentleman 

to state whether the Chinese indemnity fnnd, when paid, was paid with one dollar of interest upon the fund for all the years it was held in our possession? 

Mr. BUCHANAN. My acquaintance with the Chinese is not so ex- tensive as that of the gentleman from Tennessee, and I do not know. 

Mr. McMILLIN. I inferred from the confidence with which the 

gentleman was speaking that he knew all about all matters pertaining 

to our relations with foreign governments. 

Mr. BUCHANAN. I have some knowledge, so far as the questions 

in relation to this tonnage tax upon these steamship companies is 

concerned; but I do not profess any intimate knowledge of all the affairs of all nations. 

Mr. McMILLIN. All I want to get at is what has been the custom 

of the Government relative to the payment of interest on claims ofour own people. 

Mr. BUCHANAN. I stated that in my opening remarks on this bill. 

Mr. WARNER, of Missouri. Let me ask the gentleman from Ten- nessee a question. The gentleman talks about the Chinese indemnity 

fund. · Did we not appropriate a part of the interest accruing upon 

that fund for the payment of the claims of American citizens against 

the Chinese Government? 

Mr. McMILLIN. I have no knowledge of any such payment. 

Mr. WARNER, of Missouri. Well, it is so stated in the digest of 

international law, which you have on your desk, if you choose to ex- amine it. • 

Mr. McMILLIN. We took a part of the principal of the indemnity 

fund and paid it to our citizens. 

Mr. WARNER, of Missouri. No, sir; we took a part of the interest; as the gentleman will find if he chooses to examine the matter. 

Mr. McMILLIN. But another question. I wish to ask the gentle- man from New Jersey to state whether, when we returned to Japan 

the money improperly held by us belonging to that Government, we paid them a cent of interest? 

Mr. BUCHANAN. If we did not pay interest upon it, and I believe-we did not, we stand disgraced in the eyes of the world for such fail- ure. I wish to call the attention of the gentleman from Tennessee to 

the fact that in one instance, at least, his knowledge is at fault, and I 

ask his attention to this. I have in my hand a reference to two acts 

of Congress, one of July 8, 1870, which directed the Secretary of the 

Treasury to make proper payment to carry into effect the decree of the "district court of the United States for the district of Louisiana, bearing 

date 4th of June, 1867, in the case of the British brig Volant and her 

cargo, in which payments were made with interest to each person who • had a claim for any part of the value; and another, act of 1870, where, 

in the case of another British brig, the Dashing Wave, we paid interest 

upon the amount. To these cases I respectfully ask the attention of 

the gentleman from Tennessee. 

Mr. McMILLIN. That was simply the interest upon a judgment 

obligation. The payment of interest upon a judgment decree is admitted. 

Mr. BUCHANAN. But it has been admitted by a higher tribunalthat is to say, by the Copgress of the United States, composed of the 

Senate, the House of Representatives, and the President-that this 

money was illegally and improperly exacted from these steamship com- panies, and this adjudication by a solemn act of Congress is as binding 

upon the Government as any decree of any of our courts can be. 

Mr. McMILLIN. Will the gentleman allow me another question? 

We have there pending a bill that was :fixed for consideration this morn- ing, but was set aside by consent and made a special order for to-morrow-what is called the " Fourth of July claims." Now in that bill--

Hr. BUCHANAN. Oh! ·I understand what point the gentleman 

wants to make. , :Mr. McMILLIN. Let me come to the point. That embraces--

Mr. BUCHAN AN. I nnd.clst.and what you mean. That case is not 

p!millel at alL This is a question of international obligation and rests 

upon a very different principle--

Mr. McMILLIN. The gentleman is not going to escape in any such 

manner as that. What I want to know is this--

Mr. BUCHANAN. I did not understand the gentleman's remark 

because of the confusion in the Hall. 

Mr. McMILLIN. I say the gentleman is not going to escape in any 

such manner as that. I want to ask him a distinct question. 

Mr. BUCHANAN. As far as that is concerned, I could have escaped 

the question by not yielding the floor. · Mr. McMILLIN. Oh, very well; escape if yon please. If yon feel 

like it make your escape whenever yon like, and I will take the floor 

in my own right. 

Mr. BUCHANAN. I yield _to the gentleman from Tennessee. I 

have no desire to escape anything. 

Mr. McMILLIN. The gentleman yielded so grudgingly--

Mr. BUCHANAN. Oh, no; I beg the gentleman's pardon. I always yield willingly to him. 

Mr. McMILLIN. What I want to know is this: There are claims in 

that bill to the number of three hundred due to American citizens-and 

I love no citizens better-for twenty years and more. Will the gentle- man from New Jersey move an amendment to pay interest on all those 

claims of citizens for property taken for the use !>f the Army during 

the war? 

Mr. BUCHAN AN. I think I have already convinced every member 

of the committee except the gentleman from Tennessee that this is not a parallel ease, and with reference to the question he no asks me, I 

will say, ' 'Sufficient unto the day is the evil thereof." 

Mr. Mcl\IILLIN. You decline, then, to answer? 

Mr. BUCHAN AN. I have answered. Will you moye such an amendment? 

Mr. McMILLIN. The policy of the Government from the beginning has been to pay no citizens interest on their claims. 

Mr. BUCHANAN. That may ha\e been the policy of the Government sometimes as to its own citizens, but not as to other governments. 

Mr. McMILLIN. I hold the Government of the United Sta,tes owes no man on earth a higher obligation than it owes to its own citizens. 

Mr. WARNER, of MiSSQuri. And especially those who fought to 

preserve the Government. 

Mr. BUCHANAN. I decline to yield further. 

The CHAIRMAN. The gentleman from New Jersey declines to 

yield. He is entitled to the :floor. 

Mr. BUCHANAN. I ask for a vote. 

The CHAIRMAN. The question is on the amendment submitted by 

the gentleman from New Jersey [Mr. BucHANAN]. 

The amendment was again read. 

The CHAIRMAN. The gentleman from New Jersey has five minutes of his time remaining. 

Mr. OATES. I confess, Mr. Chairman, I have not been able to obtain. a sufficient amount of information to satisfy me how I ought to vote on this bill. I do not know whether, in this case, the steamship com- panies did as .men generally do in their business-account the tonnage 

dues which they had to pay as a part of thei.r expense, and taxitupon 

the goods which they exported-or not. If so, then it is like a good 

many other claims which have been before this House-like, for instance, 

the claim of a merchant to cotton tax illegally collected from him. In 

fact, the merchant did not pay it, but the man who produced the cotton 

paid it. 

Now that may be the case here-that the tonnage dues which t.he 

steamships had to pay were considered a. part of their expenses, and 

taxed as against the freight which they transported; and in that event 

in fact the consumer paid it, and not the steamship company. In the 

absence of information sufficient to satisfy me, and with the know ledge 

that t.he gentleman from New York [Mr. Cox], who is unfortunately 

absent on account of sickness, understands thoroughly this bill and 

this c1aim, and has expressed a. great desire to be present when it was considered, I move, if it is in order, the postponement of the further 

consideration of this bill until this day two weeks. 

Mr. McMILLIN. 1t1ove that the bill be laid aside to be reported 

with the recommendation that its consideration be postponed for two 

weeks. 

Mr. ADAMS, of New York. Unless the gentleman from A1abama 

has information from the gentleman from New York [Mr. Cox] that 

he wishes to be heard I do not think that is a proper motion. 

Mr. OATES. I have had that information indirectly. 

Mr. ADAMS, of New York. I have had it neither directly nor indirectly. 

Mr. WEAVER, of Iowa. I know that the gentleman from New 

York has expressed a desire to speak on this bill. 

Mr. SPRINGER. The gentleman from New York stated to me that 

he desired to speak on this bill when it came up. 

Mr. ADAMS, of New York. When was that? 

Mr. SPRINGER. It was when the bill was reached in committee on a former occasion, I think two weeks ago. 

Mr. McMILLIN. It was reached about the close of the day, if my 

memory serves me. 

• 
1370 CONGRESSIONAL RECORD-HOUSE. FEBRUABY 4, 

Mr. OATES. There is another advantage of postponing· the con- sideration. It will afford gentlemen who desire to get at the real facts 

and merita of the case an opportunity to investigate it. 

Mr. WARNER, of Ohio. I hope that will be done. While upon an ex pa-rte statement it would seem that this claim llad basis for its allowance, that it was proper to make this payment under the rulings 

and under· the comity that exists between nations, yet there seems to 

be another side to the question; and until the gentleman from New 

York, who has been referred to and whom I have heard speak of it, 

shall be present to present the other side, if there be another side, I 

think the bill had better be postponed. 

?!Ir. MORROW. I desire to offer an amendment. 

1\ir. OATES. I think it would be well for all gentlemen who ha.ve 

amendments to offer to offer them now and let them be pending. 

The CHAIRMAN. Did the Chair undel:Stand the gentleman from 

Alabama to submit a motion to postpone? 

Mr. OATES. Yes, sir. I submitted a motion to postpone the con- sideration of the bill till this day two weeks. 

.M:r. BUCHANAN. Is that motion debatable? 

The CHAIRMA..t~. The Clerk will report the amendment sent up 

by the gentleman from California [Mr. MoRROW]. 

The Clerk read as follows: 

Add the following proviso to the bill: 

Provided further, That the interest therein provided for shall not be paid until 

satisfactory evidence shall be presented to the Secret~J.ry of the Treasury that 

the country to which the vessels of the companies herein named belonged did 

not, during the period for which payments were made on which interest is 

claimed un~r this act by its laws, enforce tonnage, anchorage, or light-house 

dues, or equivalent charges on vessels of the United States. 

Mr. MORROW. If it is in order I would like to say a word upon 

thnt amendment. 

The CHAIRMAN. The gentleman from Alabama [Mr. OATES] asks 

unanimous consent that this bill be postponed until two weeks from 

to-day. Mr. BUCHANAN. I object. 

Mr. OATES. Then, lli. Chairman, I movethatthe bill bereported 

back to the House with the recommendation that its further consideration be postponed for two weeks. 

The question was taken on the motion of Mr. OATES, and there 

were-ayes 62, noes 71. 

Ur. OATES. No quorum has voted. 

The CHAIRMAN. The point being made that no quorum has voted, 

the Chair will appoint the gentleman from Alabama [Mr. OATES] and 

the gentleman from New Jersey [Mr. BUCHANAN] to act as tellers. 

The Hou~e again divided; and the tellers reported-ayes 61, noes 

103. 

So the motion was not agreed to. The CHAIRMAN. The question now is on the amendment of the 

gentleman from New Jersey [Mr. BucHANAN]. 

The question was taken; and the Chair declared· that the yeas seemed 

to have it. 

Mr. BUCHANAN. Would it be in order, 1\Ir. Chairman, to with- draw that amendment? I do not care whether it passes or not. It was simply designed to gu~rd the interests of the Goveri::tment a little 

better; that is all. 

The CHAIRMAN. The gentleman from New Jersey [Mr. BucHANAN] asks unanimons consent to withd-raw his amendment. 

Mr. STORM. I object. 

The question was taken, and the amendment was agreed to-ayes 

63, noes 17. 

The CHAIRMAN. The question now is on the amendment of the 

gentleman from California [Mr. MoRROW], which will be again read. 

The amendment was read, as follows.: 

Add to the bill the following: •' Provided further, That the interest herein provided for shall not be paid until 

satisfactory evidence shall be presented-to- the Secretary of the Treasury that 

the countries to which the companies herein named belong did not, during the 

period for which payments were made on which interest is claimed under this 

act, by their laws enforce tonnage, anchorage, or light-house du~, or equivalent charges, on vessels of the United States." 

Mr. BUCHANAN. I accept that. 

The amendment was agreed to. 

Mr. BUCHANAN. I move that the bill as amended be laid aside 

to he reported to the House with the recommendation that it do pass. 

Mr. SPRINGER. Mr. Chairman, I think there is some misapprehension with regard to these claims, and I desire to explain again very 

briefly the basis of them. It is simply this: During the war our Government exacted duties from the steamship companies as tonnage dues 

which afterward were found to have been exacted contrary to existing 

treaty stipulations. The exaction was made in the ordinary course of 

business, and our course toward the steamship companies wa.s in good 

faith and without any desire to oppress or harass the vessels or their owners. When itwas discovered, upon careful examination, thatthose 

exactions had been illegally made Congress passed a law authorizing 

the Secretary of the Treasury to refund the duties which had been thus 

illegally collected, and the Secretary of the Treasury did refund them. 

This was done four or five years ago. The steamship companies pre- sented bills not only for the dues they had paid, but also for interest 

• 

thereon from the time of the payment of the dues up to the time of the 

proposed payment by our Governm"8nt of the principal. That is, the 

Government of the United States paid the principal in full at thattime, 

but declined to pay the interest which had accrued. Mr. McMILLIN. Will the gentleman inform us upon what principle interest was demanded? How is it that the whole claim wa.s not 

settled then ? 

Mr. SPRINGER. It was settled. The law passed at that .time 

authorized the Seeretary of the Treasury to refund the duties thus collected but not to pay interest. Nothing was said about interest; the 

law simply authorized the Secretary to ascertain and refund the amount 

of the dues illegally collected--

The CHAIRMAN. The Chair will state to the gentleman from lllinois [Mr. SPRINGER] that this discussion is by unanimous consent. 

Mr. SPRINGER. I think not. 

The CHAIRMAN. The Chair was putting the motion. [Cries of 

''Vote!" "Vote!"] 

Mr. HAMMOND. Will the gentleman from Illinois permit a question? 

Mr. SPRINGER. Yes, sir. 

Mr. HAMMOND. Is it not a universal rule that the Government 

does not pay interest on such claims? 

Mr. SPRINGER. The Government has not paid interest in many cases to which I could refer, and the reason there was no interest paid 

in this case was that Congress took the whole subject into consideration and passed an act authorizing the Secretary to refund the duties 

illegally collected, but saying nothing about interest. Those duties 

were refunded to the full extent of the illegal exactions made, and the 

claim is now, and this bill is solely, for interest which the steamship 

companies think the Government of the United States should pay upon 

those dues from the time they were collected until the time of their 

return. 

Mr. McMILLIN. The gentleman from -Illinois is the chairman of 

the Committee on Claims. I venture to ask him whether it is not the 

settled policy of that committee in dealing with all American citizens 

who lk·we claims against the Government, even if they have been duo 

twenty-five, thirty, or :fifty years, not to allow interest? • Mr. SPRINGER. It has been the custom of that committee, so far as I know, to refuse to allow interest upon all claims due by the United 

States to our own citizens. 

])!r. GALLINGER. But has not that committee reported to this 

House some bills recommending the payment of interest? 

Mr. SPRINGER. It is possible that has been done in some cases. Mr. HOLMAN. The gentleman will allow me to make a suggestion. 

We have a statute making permanent appropriation for the refund by 

the Treasury Department of certain duties paid irregularly or improp- erly. That is a ,permanent statute making a continuous and indefinite 

appropriation. Now, I wish to ask my friend whether he knows of any 

instance in which the Government in that class of cases has ever paid 

any interest out of that fund. 

:f!tfr. SPRINGER. I do not know of any case where the Government 

has paid interest upon the amount of duties refunded under that law. 

Mr. BUCHANAN. We exacted interest from Brazil. - Mr. SPRINGER. I ask the Committee of the Whole to indulge me 

a moment longer. The course of our Government .toward Japan has been referred to. I was a member of the Committee on Foreign .A..tfairs when that question 

was investigated and reported upon; and I was one of those who at that 

time were willing to allow interest; but Congress decided not to do so. During the late war, the Government of the UnitedStates, in conjunction with three or four other governments, exacted from the Govern- ment of Japan at the cannon's mouth a large sum of money, amounting to $3,000,000, to be paid in silver. That Government paid the 

money under protest. The amount coming to the Government of the 

United States, $750,000insilver, was shipped to this country and turned over to the Secretary of State. That money, silver being then at the 

premium over gold, was invested bythe Secretary ofStatein 6per cent. 

United States bonds. Those bonds were put in the Treasury, and the 

money received from time to time upon the coupons was invested in 

other bonds; so that at the time Congress passed the bill to adjust that case the interest which had accumulated amounted alone to over $1,300,000. But the law passed by Congress provided for returning to 

the Government of Japan only the principal, while the interest wa.<\ 

covered into the Treasury ofthe United States. 

Mr. BUCHANAN. You do not justify that, do you? 

1\ir. SPRINGER. I merely state this as a pertinent fact in connection with 'the case now before us. Mr. STEELE. I desire to inquire whether the President or any 

other officer 3f the executiue department lk'lS recommended the payment of this interest? 

Ur. BUCHANAN. Let me answer that question. I have already 

stated in my remarks of to-day that the President in his last annual 

message recommended this payment; and I read an extract from that 

message. 

Mr. SPRINGER. I deemed it due to the committee to make this 

statement. I think the proposition now presented is one of doubtful 
. 

1887. CONGRESSIONAL RECORD-HOUSE~ 1371 

propriety. I hope we shall settle, and settle definitely, the course 

which the Government should pursue in cases of this kind. 

Mr. GUENTHER. I find in the last annual messa.ge of the President of the United States this paragraph: 

The claims for interest upon the amount of tonnage dues illegally exacted 

from certain German steamship lines were favorably reported in both Houses of Congress at the last session, and I trust will receive final and favorable action at an early day. 

Now, I want to know whether that language refers to this hill. 

Mr. SPRINGER. It does, as I understand. 

Mr. GUENTHER. Then the President of the United States has 

recommended favorable action on this bill. 

Mr. HALL. Mr. Chairman, the question whetherinterestshouldbe 

allowed on claims of this character is, to my mind, wholly separate and 

distinct from questions involving merely the obligation which the Go\-

ernment owes to its own citizens. The obligations of our Government 

to the citizens of the United States are matters resting upon law which 

Congress itself creates. We by legi&.ation establish for our citizens 

what those obligations shall b~ including the question whether or not 

interest shall be paid upon claims presented by citizens of ·the United 

States to Congress. Claims come here for liquidated and for unliquidated damages; and I believe the rule has universally been to deny interest upon such claims of our own citizens. This has been done in 

view of the recognized fact that the obligation of the Government to 

ita citizens is solely and exclusively that which the Government establishes by its own conduct and its own legislation. 

But the Congress of the United States can not thus legislate upon 

the relations between the Government of the United States and foreign governments as expressed in treaties. Hence the obligation of 

the Government with reference to the payment of interest when dependent upon treaty obligations is one which Congress can not ignore. 

It can not eseape the just obligations thus arising. 

Mr. SPRINGER. There is no treaty requiring the p!lyment of interest in this Ga.Se. That is not assumed anywhere. 

M:r. BUCHANAN. But international law requires it. 

Mr. HALL. In order to understand the proper meaning of a treaty, 

resort must be had to international law; and it is established, I assert, 

by a large number of precedents that under the principles of international law interest is a just matter of consideration. This Government has recognized that principle, and has exacted interest under circumstances similar to those here presented. 

And the sole question is, what is the recognized usage under international law? The gentleman from New Jersey [Mr. BuCHANAN], who ha.~ charge of this bill, has cited and called attention of the committee 

to innumerable instances in which interest has been allowed; and 

under that rule, thus recognized universally almost, I can not see how 

the Government can evade that which has been rec.ognized by the Chief 

Magistrate of the nation, after investigating· and finding out the mean· ing of the treaties themselves and the rules ofinternationallaw asapplicable to them. I, myself, would hesitate long before I would support a measure allowing interest on private claims of citizens as against 

the Government of the United States. But this is not a case of that 

sort. 

The gentleman from Indiana [Mr. Houi.A.N] called attention to the 

refunding of sums illegally exacted from importers. That is within 

the category, namely, a rule established as applicable between the 

Government and its own citizens importing goods and within the regulations I have suggested. 

It seems to me this bill presents a case which stands on its own merits 

rmderwell-recognized rules and principles, and conforms to precedents 

in like cases. 

Mr. BUCHANAN. In deference to the wishes of gentlemen I now demand the regular order of business. 

'fhe CHAIRMAN. The regular order of business is the motion that 

the bill be laid aside to be.reported to the House with the recommendation that it do pass. 

The committee divided; and there were-ayes 102, noes 18. 

Mr. SOWDEN. No quorum has voted. 

Mr. STORM. If any arrangement can be made by which we shall 

have a yea-and-nay vote on this bill in the House I hope the point of no quorum will be withdrawn. 

Mr. BUCHANAN. I am willing to agree to that. 

l\Ir. SOWDEN. On that condition I will withdraw the point of no quorum. 

Mr. MORRISON. I shall renew it. 

Mr. BUCHANAN. We do not object to a vote in the House. 

1\Ir. MORRISON. I will not insist upon it if the understanding is we shall have a vote by yeas and nays in the House. 

l\Ir. BUCHANAN. I have no objection to a vote in the House. 

Mr. McUILLIN. The point of no quorum is withdrawn on that understanding. 

Mr. HOLMAN. I ask that unanimous consent be granted, so gentlemen will be bound in honor that there shall be a yea.-and-nay vote on the bill in the House. 

Mr. GUENTHER. With the understanding that that vote shall be 

taken to-night. 

Mr. BUCHANAN, I agree to that, provided the vote is to be taken . 

at once. · Mr. LONG. I ask a parliamentary inquiry. 

The CHAIRMAN. The gentleman will state it. 

l\Ir. LONG. If the committee should rise now, what question would 

be first in order before the House? Are there not several bills pending 

which will have to be disposed of before we reach this bill? 

The CHAIRMAN. When the committee rises and goes into the· 

Honse the first business will be the unfinished business coming over from last Friday. 

Mr. LONG. I respectfully ask how many cases there are pending ? 

The CHAIR~IAN. The Chair is informed seven hills are pending. 

Is there objection to the understanding suggested by the gentleman 

from Indiana? :Mr. DUNN. I hope no one will object. 

There was no objection. 

The CHAIRMAN. The Chair will announce the vote. 

The tellers reporte4-ayes 102, noes 18. 

So the bill was ordered to be reported to the House with the recom· 

me:q.dation that it do pass. 

Mr. LONG. I move that the committee rise. 

The committee divided, and there were-ayes 107, noes 42. 

Mr. HOLMAN. There is no quorum, I believe. 

The CHAIRMAN. This motion does not require a quorum. 

Mr. HOLMAN. Does it not require a quorum to lay aside a bill to 

be reported to the House? 

The CHAIRMAN. The pending motion is that the committee rise. 

1\Ir. SOWDEN. I demand tellers. · 1\fr. BUCHANAN. I msh to make a parliamentary inquiry. 

The CHAIRMAN. The gentleman will state it. 

Mr. BUCHANAN. Does it require a quorum for the committee to 

rise? · 

The CHAIRMAN. It does not; but the gentleman from Pennsylvania demanded tellers, to which he is entitled if the House sustains 

the demand. 

Tellers were refused. 

So the motion of Mr. LONG was agreed to. 

The committee accordingly rose; and Mr. DUNN having taken the 

chair as Speaker pro tempore, Mr. HATCH reJ>orted that the Committee of the Whole House, having had under consideration bills upon the 

Private Calendar, had directed him to report sundry bills with various 

recommendations. 

CHARLES E. CREECY. 

The SPEAKER pro tempore. Before proceeding to conSider the report of the committee made to-day, the Chair will direct the Clerk to 

report the bills which come over from the preceding session of the com- mittee, being the unfinished business. 

The Clerk read as follows: 

A bill (H. R. 9930) conferring jurisdiction upon the Court of Claims and Su- preme Court of the United States to finally determine the case of Charles E. Creecy, assjgnee in Congressional case No. 71, reported to the House of Repre- sentatives by said Court of Claims under the provisions of the act of Congress 

approved l\la1·ch 3, 1883. 

~Ir. SPRINGER. I ask unanimous consent that this bill be passed 

over informally for the present, retaining its place UJ>On the Calendar. 

The gentleman from Massachusetts [Mr. CoLLINS] has charge of the 

bill and desires that it shall not be taken up in his absence. 

Mr. GILFILLAN. I would like to ask if that will carry the bill over until a week from to-day ? 

Mr. SPRINGER. That will be the effect. 

The SPEAKER pro tempm·e. It will leave it as the unfinished busi- ness among the cases reported from the Committee of the Whole House. 

It will be in order next Friday when the House again comes out of 

committee. 

Mr. GILFILLAN. I£ will not come up again to-day? 

The SPEAKER pro tempore. It will not. 

1\fr. GILFILLAN. Then I have no objection to the request of the 

gentleman from Illinois. 

Mr. O'NEILL, of Missouri. What is the matter with the bill that we can not act upon it now? 

Mr. SPRINGER. The gentleman from Massachusetts who has 

charge of the bill asks that this be done. 

There being no objection, the bill was informally passed over. 

J A:BEZ :BURCH ABD. 

The next business on the Private Calendar reported from the ComIuittee of the Whole Honse was the bill (S. 570) for the relief of J abez 

Burchard. 

Mr. SPRINGER. Mr. Speaker, this bill was reported from the 

Committee of the Whole House with the recommendation that it be 

indefinitely postponed. I ask the House, since the motion to indefinitely postpone is not debatable, to vote down that recommendation 

of the committee in order that a brief statement may be made in re- gard to this bill to show why it ought to be passed, as the vote was taken on it evidently under a misapprehension of the facts. [Cries of 

"Regular order ! "] 
1372 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 4, -· 

The SPEAKER pro tempore. The regular order being demanded, the 

question is on the motion to indefinitely postpone the bill. 

The question was taken; the House divided and there were-ayes 

28, noes 5. 

Mr. SOWDEN. No quorum has voted. 

Mr. TAULBEE. I would like to ask that thic; bill be reported. I 

do not think the House understands the pending question. 

Mr. SPRINGER. If the Honse will vote down the recommendation 

of the Committee of the Whole--

Mr. TAULBEE. I call for the regular order. Is it in order to have 

tlie bill reported? 

The SPEAKER pro tempore. Not at present without unanimous 

consent; a. question is pending, and the House is dividing. 

Mr. TAULBEE. I askunaniruousconsentthat the bill be again re- ported. 

Mr. CALDWELL. I object. 

Mr. BURROWS. Let me inquire if the recommendation of the com- mittee is to postpone indefinitely this bill? • The SPEAKER p1·o tempore. That was the recommendation of the 

committee, and the question is on the motion to postpone indefinitely. 

Mr. SPRINGER. The gentleman who had charge of the bill was not here at the time action was taken upon it in committee, and an ex- planation that should have been made wa.s not made. I hope, therefore, the House will vote down the motion to indefinitely postpone, so that further a.ction can be taken upon the bill. [Cries of "Regular 

order!"] 

The SPEAKER pro tempore. The point of order being made that no quorum has voted, the Chair will order tellers. 

Mr. SOWDEN and Mr. BURROWS were ap!l')inted tellers, 

The House again divided; and the tellers reported-ayes 33, noes 39. 

So (no further count being dema.Il,ded) the motion to indefinHely 

postpone was not agreed to. 

1\Ir. SPRINGER. I now move to postpone further consideration of 

this bill until next Friday, sothatgentlemenmayhave an opportunity 

to examine the report and see whether they want to pass the bill or not. 

The motion was agreed to. 

W. H. POWELL. 

The next business reported from the Committee of the Whole was the bill (S. 269) for the relief of W. H. Powell, the question being on the third reading of the bill. · 

Mr. EDEN. I would like to have the bill re:1d. 

The bill was again read at length . . Mr. SPRING-ER. Mr. Speaker, I think it due to the House, before 

the vote is taken, that I should have read from the desk a short ext.ract 

from the report, showing the items that are covered by the bil1. 

The Clerk read as follows: 

The committee are of the opinion that the claimant is ent-itled to receive from 

the Government the sum of $!98.54, the amount named in the biJI, made up of 

the following iteiW!: For original overpayment, $65.76; the amount received by Government on sa.le of property, $226.50; the amount paid by Powell, a.s sur- ' viving partner, on the judgment rendered upon the bond, $206.28; and that the 

judgment in the action in the bond should be sa.tisfied, and Powell & Co .. and 

\V. H. Powell, as survivor, and their and each of their sureties, relieved from 

further liability and obligation, of every klnd, in the premises. 

The bill was ordered to be engrossed for a third reading; and being 

engrossed, it was accordingly read the third time, and pa.ssed. 

Mr. -HOLMES moved to reconsider the vote by which the bill was passed; and also moved that the motion· to reconsider be laid on the 

table. 

The latter motion was agreed to. 

EDWAY A. GRANT. 

The next business reported from the Committee of the Whole Honse was the bill (S. 267) for the relief of Edway A. Grant. 

The bill was reported with the recommendation that it be indefinitely postponed. 

The bill was read. 

The question being taken, the report of the Committee of the Whole 

House was adopted; and the bill was indefinitely postponed. 

FREDERICK W. ~UGGLES. 

The next business reported from the Committee of the Whole llouse was the bill (S. 187) for the relief of Frederick W. Ruggles, of Westport, Nova Scotia. 

The bill was reported with the recommendation that it be indefinitely postponed. 

The bill was read. 

The report of the Committee of the Whole House was adopted; and 

the bill was indefinitely postponed. 

SEWELL CO"ITLSON AND OTHERS. 

The next business reported from the Committee of the Whole House was the bill (S. 249) for the payment of Sewell Coulson, and Porter, 

Harrison & Fishback, for legal service.s. · · The bill wasreported with the recommendation that it be inde:finite1y 

postponed. 

Mr. JOHNSTON, of Indiana. I ask for the reading of that bill. 

The bill was read, as follows : 

B6 it enacted, &:e., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any moneys in the Treasury not other· 

wise appropriated, to Sewell Coulson the sum of $3, 950, and to Porter Harrison 

& Fishba.ck the sum of 82, 500, for legal services rendered by them (as recom• mended and approved by the Judge-Advocate-General and Secretary of War) 

in defending ex-officers and ex-soldiers for acts done by them in obedience to the 

orders of a superior officer of the United States Al·my, in Indiana, during the 

late war. 

The SPEAKER pro tempore. The question is upon agreeing to the 

report of the Committee of the Whole House that the bill be indefinitely postponed. 

The question being taken, 

The SPEAKER p1·o·temp01·e stated that the ''ayes ' ' seemed to haYe it. 

Mr. JOHNSTO_N, of Indiana.. I call for a division. 

The House divided; and there were-ayes 45, noes 31. 

:Mr. JOHNSTON, of Indiana. No quorum. 

The SPEAKER pro tempore. The Chair appoints aa tellers the gentleman from Indiana [Mr. JOHNSTON] and the gentleman from Illinois 

[.Mr. EDEN]. 

Mr. JOHNSTON, of Inc:liana. I am willing this case shall be postponed for one week. 

The SPEAKER p1·o tempore. That can only be done by unanimous 

consent. 

Mr. JOHNSTON, of Indiana. I ask unanimous consent. 

Mr. McMILLIN. Let us dispose of it now. The SPEAKER pro temp01·e. There is objection. The tellers will 

take their places. _ 

'!'be House again divided; and the tellers reported-ayes 41, noes 75. 

Mr. McMILLIN. No quorum. 

The tellers resumed the count. 

M.r. McMILLIN. I have no objection to withdraw the point of no quorum if we can have a year-and-nay vote. 

The tellers reported-ayes 62, noes 101. ~Ir. McMILLIN. I call for the yeas and nays. 

On the question of ordering the yeas and nays there were-ayes 32. 

Mr. McMILLL..~. Count the other side. 

The negative vote was counted; and there were-noes 77. 

So (the affirmative being more than one-fifth of the whole Yote) the 

yeas and nays were ordered. 

Mr. McMILLIN. Will the Chair please state the question? 

The SPEAKER p1·o tempore. The question is: Shall the bill be indefinitely postponed? · · 

The question was taken; and there were-yeas 82, nays 102, not voting 134; as follows: · YEAS-82. 

Bacon Fisher, 

Barksdale, Forney, 

Barnes, Frederick, 

Boyle, Gay, 

Bragg, Geddes, 

Breckinridge, WOP Halsell, 

Bynum, Hammond, 

Cabell, Hatch, 

Caldwell, Hemphill, Campbell, J. E. Henderson, J. S. 

Clements, Holman, 

Crain, Johnston, T. D. 

Croxton, Jones, J. H. 

CulbersoiJ, King, 

Daniel, Kleiner, 

Dargan, Laffoon, 

Davidson, R. H.l\L La Follette, 

Dougherty, Landes, 

Dunn, Lanham, 

Eden, Martin, 

Ermentrout, McAdoo, 

McCreary, 

McMillin, 

McRae, 

Miller, 

Mills, 

Morgan, 

Morrison, 

Neal, 

Neece, 

Norwood, 

Oates, 

O'Neill, J. J. 

Payson, 

Peel, 

Perry, 

Pindar, 

Riggs, 

Sadler, 

Seney, 

Singleton, 

Skinner, 

NAYS-1C2. 

Adams. G. E. 

Allen, C. H. Anderson, J. A. 

Atkinson, 

Bayne, 

Bliss, 

Bound, 

Boutelle, 

Brady, 

Brown, C. E. Brown,W.W. 

Buchanan, 

Buck, 

Bunnell, 

Burleigh, 

Burnes, 

Butterworth, 

Campbell, T. J. 

Cannon, 

Carleton, 

Caswell, 

Cobb, 

Conger, 

Cooper, 

Curtin, 

Cutcheon, 

Adams,J.J. 

Aiken, 

Allen,J.M. 

Anderson, C. M. 

Dorsey, 

Ely, 

Evans, 

Everhart, 

Farquhar, 

Fleeger, 

Ford, 

Funston, 

Gallinger, 

Gilfillan, 

Goff, 

Green, 

Grosvenor, 

Grout, 

Guenther, 

Hall, 

Harmer, 

Hayden, 

Hermann, 

Hiestand, 

Hill 

Hir~s, 

Hitt, 

Holmes, 

Hopkins, 

Howard, 

Johnston, J. T. 

Laird, 

Lehlbach, 

Lindsley,. 

Long, 

Lowry, 

Lyman, 

Markham, 

. McKenna, 

McKinley, 

1.\'Ierriman, 

Milliken, 

Moffatt, 

Morrill, 

JS"egley, 

Nelson, 

O'Hara 

Osborn~, 

Parker, 

Peters, 

Pettibone, 

Price, 

Rice, 

Rockwell, 

Romeis, 

Rowell, 

NOT VOTING--13--1. 

Baker, 

Ballentine, 

Barbour, 

Barry, 

Belmont, 

Bennett, 

Bingham, 

Blancllard, 

Sowden, 

Sta.hlneckcr, 

Storm, 

Swope, 

Taulbee 

Ta.ylor,J.M. 

'.rhrockmorton, 

Tillman, 

Turner, 

Van Eaton, 

Wamer,A.J·. Weaver,J.B. 

Wellborn, 

Wheeler, 

Wilkins, 

Winans, 

Wise, 

·woltord, 

Worthington. 

Sawyer, 

Sessions, 

Seymour, 

Spooner, 

Springer, 

Stephenson, 

Stewart, J. ·w. 

Stone, W. J., Ky. Strait, 

Symes, 

Taylor, I. H. Thomas, J. R. 

Thompson, 

Trigg, 

Viele, 

Wadsworth, 

W aJ.t, 

Warner, William 

Weaver,A.J. 

Weber, 

West, 

White, Milo 

Whiting, 

Woodburn. 

Bland, 

Blount, 

Breckinridge, C. R. 

Browne, T. 11!. 
-1887. CONGRESSIONAL RECORD-HOUSE. 1373 

Brumm, 

Burrows, 

Campbell, Felix 

Campbell, J. 1\1, 

Candler, 

Catchings, 

Clardy, 

Collins, 

Compton, 

Comstock, 

Cowles, 

Cox, S. S. 

Cox,W.R. 

Crisp, 

Davenport, 

Davidson, A. C. 

Davis, 

Dawson, 

Dibble, 

Dingley, 

Dockery, 

Dunham, 

Eldredge, 

Ells berry, 

Felton, 

Findlay, 

Foran, 

Fnller, 

Gibson, C. H. Gibson, Eustace 

Glass, 

Glover, 

Hale, 

Hanback, 

Harris, 

Haynes, . Heard, 

Henderson, D. B. Henderson, T. J. Henley, · Hepbnrn, 

Herbert, 

Hiscock, 

Houk:, 

Hudd, . Hutton, 

Irion, 

Jackson, 

James, 

Johnson, F . .A. 

Jones,J.T. 

Kelley, 

Ketcham, 

Lawler, 

LeFevre, 

Libbey, 

Little, 

Lore, 

Louttit, 

Lovering, 

Mahoney, 

:M:atson, 

:M:aybury, 

McComOB, 

Millard, 

:M:itchell, 

Morrow, 

Muller, 

Murphy, 

O'Donnell, 

O'Ferrall, 

O'Neill, Charles 

Outhwaite, 

Owen, 

Payne, 

Perkins, 

Phelps, 

Pidcock, 

Plumb, 

Randall, 

Ranney;- Reagan, 

Reed · Re~, 

Richardson, 

Robertson, 

Rogers, 

Rusk, 

Ryan, 

Sayers, 

Scott, 

Scranton, 

Shaw, 

Smalls, 

Snyder, 

Spriggs, 

Steele, 

Stewart, Charles 

St. Martin, 

Stone, E. F. Stone, W. J.,l\{o, 

Struble, 

Swinburne, 

Tarsney, 

Taylor, E. B. Taylor, Zach. 

Thomas, 0. B. Townshend, 

Tucker, 

VanSchaick, 

Wade, 

Wakefield, 

Wallace, 

Ward,J. H. 

Ward,T.B. 

White, A. C. 

Willis, 

Wilson. 

So the report of the Committee of the Whole House, that the bill 

should be indefinitely postponed, was not agreed to. 

Mr. BAYNE. I ask that the reading of the names of members voting be dispensed with. 

Mr. STORM. I object. 

The following additional pairs were announced : 

Mr. GLOVER with Mr. O'NEILL, of Pennsylvania, until Monday 

next. 

Mr. F. CAMPBELL with Mr. BINGHAM, until Monday next. 

For·the rest of this day: 

Mr. McKINLEY with Mr. BRECKINRIDGE, of Arkansas. · · Mr. WILSON with Mr. HENDERSON, of Iowa. 

Mr. MURPHY ~ith Mr. HENDERSON, of illinois. 

Mr. DOCKERY with Mr. WADE. 

Mr. SAYERS with Mr. BAKER. 

Mr. OUTHWAITE with Mr. KELLEY. 

Mr. LAWLER with Mr. HouK. 

Mr. SNYDER with Mr. McCoMAS. 

Mr. HEARD with Mr. STRUBLE. 

Mr. STONE, of Missouri, with Mr. SWINBURNE. 

Mr. ADAMS, of New York, with Mr. DAVIS. 

Mr. Cox, of North Carolina, with Mr. FELTON. 

1-f.r. DAWSON with Mr. VAN SCHAICK. 

Mr. CoWLES with 1tfr. PHELPS. 

Mr. GIBSON, of Maryland, with Mr. DUNHAM. 

Mr. GIBSON, of West Virginia, with Mr. PAYNE. 

Mr. O'FERRALL with 1tfr. MORROW. 

Mr. STEELE with Mr. HERBERT. 

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

Mr. JOHNSTON, of Indiana. I move now that the bill be engrossed 

and read a third time, and upon that I demand the previous question. 

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

The SPEAKER pro tempm·e. The gentleman will state it. 

Mr. BURROWS. The gentlem~ now moves the pass_a.ge of the bill. 

I submit that, under the action of the House, this bill must stand re- committed to the committee. 

Mr. SPRINGER. Under what rule? 

M:r. BURROWS. Under Rule XXIII, clause 7, which I a.sk the 

Clerk to rea-d. 

The Clerk read as follows : 

Rule XXTII, clause 7: 

Whenever a. bill is reported from a Committee of the Whole with an adverse 

recommendation, and such recommendation is disagreed to by the House, the 

bill shall stand recommitted to the said committee without further action by the House. 

The SPEAKER pro tempore. The point of order is well taken, and. 

the bill goes back to the committee. 

Mr. BURROWS. Regular order. 

MESSAGE FRO:M THE SENATE. 

A message from the Senate, by Mr. SYMPSON, one of its clerks, informed the House that the Senate had agreed to the amendment of the 

Honse to the bill (S. 1536) for the purcha.se of suitable grounds in the 

city of Owensborough, in the State of Kentucky, and the erection 

thereon of a public building for the post-office, United States collector's office, United States commissioner's office, and for the use of 

other United States officers in said city, and appropriating money for 

said purposes. 

The message also returned to the House the duplicate engrossed bill 

(S. 2172), restoring to the United States certain of the lands granted to 

the Northern Pacific Railroad Company to aid in the construction of a railroad from Lake Superior to Puget Sound, and to restore the same to 

settlement, an,, for other purposes; the Secretary of the Senate having, 

in accordance with the directions of the Senate, endorsed on the Honse 

amendment thereto the action of the Senate, agreeing to the cqnference 

asked by the House, on the said amendment. _ The message further informed the House that the Senate had passed 

with an amendment the bill (H. R. 9116) to provide for holding terms 

of the United States courts at Texarkana, Ark., and for other purposes, 

asked a conference with the Honse on the bill and amendment, and had 

appointed as conferees on the part of the Senate Mr. ED!fUNDS, Mr. 

WILSON of Iowa, and lli. CoKE. . The message further announced that the Senate bad passed the bill 

(S. 995) to credit and pay to the several States and Te~tories and ~he 

District of Co)umbia all moneys collected under the drrect tax leVJ.ed 

by the act of Congress approved August 5, 1861; in which the concurrence of the House was requested. 

DOCliliENTS RELATING TO A111ERIC.A. 

Mr. SINGLETON, by unanimous consent, reported from the Committee on the Library a joint resolution (H. Res. 252) for procuring a descriptive catalogue of certain documents in Europe relating to America; 

which was read a first and second time, referred to the Committee o! 

the Whole Honse on the state of the Union, and, with the accompanying report, ordered to be printed. 

:lr:&SSAGE FRO:lr THE PRESIDENT. 

Sundry messages, in writing, from the President of t~e UJ?ited Stat~ 

were communicated to the House by Mr. PRUDEN, his private secre- tary, who also announced that the President had approved bills of the 

following titles: · An act (H. R. 356) granting a pension to Lucinda·Barrett; 

An act (H. R. 429) granting a pension to Harry McElhinny; 

An act (H. R. 1860) granting a pension to Frederick Robertson; 

An act (H. R. 7696) granting a pension to .George W. Robaugh; 

An act (H. R. 6817) granting a pension to Thomas Brown; 

An act (H. R. 8280) granting a pension to John Patton; 

An act (H. R. 9167) granting a pension to Joseph F. Kirkhart; 

An act (H. R. 8830) granting a pension to Aarou Garis; 

An act (H. R. 7796) granting a pension to James Long; 

An act (H. R. 4265) granting a pension to Josiah Mahoney; 

An act (H. R. 4103) granting a pension toM. S. Clay; 

An act (H. R. 7616) for the relief of W. D. Ha>ely; 

An act (H. R. 6314) to increase the pension of James Carlin; 

An act (H. R. 5894) for the relief of Elon 4,. Marsh and Minard ~ 

fever; 

An act (H. R. 1171) to amend an act entitled "An act to provide .for 

the inuster and pay of certain officers and enlisted men of the volunteer forces,'' approved J nne 3, 1884; 

An act (H. -R. 8835) granting a pension to Jacob Case; 

An act (H. R. 8836) granting a pension to John Miller; 

An act (H. R. 9129) granting a pension to Rebecca Wiswell; and 

An act (H. R. 8623) granting a pension to Mary E. Hedrick. 

ALBERT H. EMERY. 

The SPEAKER pro tempore. The Clerk will report the next bill. 

The Clerk read as follows: 

A bill (S. 929) for the relief of Albert H. Emery. 

The SPEAKER pro tempore. The question is first upon the amendments reported from the Committee of the Whole. 

fu. SPRINGER. I ask for the reading of the bill and the amendments. · 

The Clerk read as follows: 

Be it enaeled, .&c., That the Secretary of the TreOBury be, and is hereby, au- thorized and directed to pay to Albert H. Emery,ofStamford, Conn., in full set- tlement of all claims, legal or equitable, which he has in any way against the 

United States on account of the cost of, and the times pent by him, and use of all 

patents and inventions in designing and constructing the testing-machine built 

and erect-ed by himfor the United States, or otherwise, in anyway, on account of said machine, the sum of $200,000, out of any money in the Treasury not otherwise appropriated, which sum is hereby appropriated and made immediately 

available therefor. Said ma~hine, together with the full right to the use therein of all patents and inventions used in its design and construction, shall be• 

long to the United States. 

The following amendments are reported from the Committee of the Whole: 

Strike out" $200,000" and insert "$63,161.62." 

Also insert the following : '' Which shall be in full of all claims against the Government on the part of 

said Emery for this invention." 

Mr. SPRINGER and fu. McKENNA both rose. fu. SPRINGER. Mr. Speaker, the gentleman from South Carolina 

[Mr. TILLMAN] informs me thathedesirestoofferan additional amend· 

ment. · Mr. McKENNA. fu. Speaker, I think I am entitled to be recognized on this bill, as I reported it. • . The SPEAKER pro tempore. The Chair w.ill recognize the gentleman ifhe will be patient. 

Mr. SPRINGER. Mr. Speaker--

The SPEAKER pro tempore. For what purpose does the gentleman • ? . nse. . Mr. SPRINGER. For the purpose of making the motion which is 

necessary to further this bill. The bill was reported--

The SPEAKER p1·o tempore. The Chair decides that the gentleman 

from California [Mr. McKENNA] is entitled to berecognized. 

. 

-. 
1374 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 4, 

Mr. McKENNA. One moment, Mr. Speaker. The bill was reported 

from the committee with the recommendation that $200,000 be paid, 

but the minority of the committee, represented by the gentleman from 

Virginia an ~;I myself, moved to amend by making the sum $65,000, which was adopted. Now, I contend that the movem of that amendment, or 

substitute, are entitled to make the subsequent motions in regard to 

this bill. 

Mr. LONG. That amendment was accepted. 

The SPEAKER pro tempo1·e. This bill comes from the Committee 

of the Whole with amendments. The gentleman from California [Mr. 

McKENNA], in charge of the bill, is entitled to recognition. 

Mr. McKENNA. Mr. Speaker, I demand the previous question 

upon the third reading of the bill. 

Mr. HAMMOND. I move that the House take a recess until 7.30 

p.m. 

The SPEAKER pro tempore. The question now is on the motion of 

the gentleman from California [Mr. McKENNA]. 

:Mr. SPRINGER. Pending that, the gentleman from South Carolina [Mr. TILLMAN] desires to offer his amendment. 

Mr. STORM. Mr. Speaker, I move that the House take a recess until7.30. 

1\i.r. BROWN, of Pennsylvania. Oh, let ns dispose of this bill first. 

The question was taken on the motion for a recess, and there were- ayes 29, noes 97. 

Mr. STORM. No quorum. 

The SPEAKER pro tempore. The point being made that no quorum 

has voted, the Chair will appoint the gentleman from Pennsylvania 

[Mr. STORM] and the gentleman from California [Mr. McKENNA] to 

act as tellers. 

Mr. McKENNA. Mr. Speaker, I demand the yeas and nays. 

The yeas and nays were ordered. 

The question was taken; and there were-yeas 46, nays 134, not voting 139; as follows: YEA~6. 

Allen,J.M. 

Bacon, 

Barnes, 

Boyle, 

Bynum, 

Croxton, 

Daniel, 

Dibble, 

Dougherty, 

Eden, Ermentrout, 

Fisher, 

Foruey, 

Geddes, 

Hammond, 

Henderson, J.S. 

Holman, Jones,J.H. 

Kleiner, 

Laffoon, 

Landes, 

McCreary, 

McMillin, 

McRae, 

l\Iorgan, 

Morrill, 

Morrison, 

Neal, 

Peel, 

Perry, 

Pin dar, 

Price, 

Richardson, 

Riggs, 

Seney, 

Sowden, 

NAYs-134. 

Adams, G. E. Dorsey, 

Allen, C. H. Dunham, 

Anderson,J.A. Dunn, 

Bayne, Ely, 

Blanchard, Everhart, 

Bliss, Felt<ln, 

Bound, Fleege1·, 

Boutelle, Foran, 

Bragg, Funston, 

Breckinridge, WOP Gallinger, 

Brown, C. E. Gilfillan, 

Brown, W. W. Glass, 

Buchanan, Goff, 

Buck, Grosvenor, 

Bunnell, Grout, 

Burleigh, Guenther, Butterworth, Hall, 

Cabell, Halsell, 

Caldwell, Harmer, 

Campbell, T. J. Hatch, 

Cannon, Hayden, 

Carleton, Hemphill, 

Caswell, Hermann, 

Cobb, Hiestand, 

Compton, Hill, 

Conger, Hires, 

(',ooper, Hitt, 

Culberson, Holmes, 

Curtin, Hopkins, 

cutcheon, . Howard, 

Dargan, Jackson, 

Davidson, A. C. .James, 

Davidson, R. H. M. Johnston, J. T. 

Davis, Johnston, T. D. 

Ketcham, 

)King, 

~a Follette, 

Laird, 

L.anham, 

Lehlbach, 

Libbey, 

Lindsley, 

Long, 

Lyman, 

1\Iartin, 

McKenna, 

Merriman, 

Mills 

Mitchell, 

Moffatt, 

Negley, 

Nelson, O'Hara. O'Neill:J.J, 

Osborne, 

Owen. 

Parker, 

Payson, 

Peters, 

Pettibone, 

Plumb, 

Reed, 

Rockwell, 

Romeis, 

Rowell, 

Sawyer, 

Sessions, 

Seymour, 

NOT VOTING-138. 

Adams, J. J. Burnes, 

Aiken, Burrows, 

Anderson, C. M. Campbell, Felix 

Atkinson, Campbell,.J.M. 

Baker, Campbell, J. E. Ballentine, Candler, 

Barbour, Catchings, 

Barksdale, Clardy, 

Barry, Clements, 

Belmont, Collins, 

Bennett, Comstock, 

Bingham, Cowles, 

Bland, Cox, S. S. 

Blount, Cox. W. R. Brady, Crain, 

Breckinridge, C. R. Crisp, Browne, T. M. Davenport, 

BrUIIllla, Dawson, 

Dingley, 

Dockery, 

Eldredge, 

Ellsberry, 

J!:yans,- Farquhar, 

Findlay, 

Ford, 

Frederick, 

Fuller, 

Gay, 

Gibson, C. H. Gibson, Eustace Glover, 

Green, 

Hale, 

Hanback, 

Harris, 

Storm, 

Taulbee, 

Taylor, J. M. 

Turner, 

Van Eaton, .Weaver,J. B. Wheeler, 

Willis, 

'Wise, 

Worthington. 

Singlet-on, 

Skinner, 

Spooner, 

Springer, 

Stahlnecker, 

Stephenson, 

Stewart, J. W. Stone, W. J., Ky. Strait, . Swope, 

Tarsney, 

Taylor, I. H. Taylor, Zach. 

Thomas, J. R. Thomas, 0. B. Thompson, 

Throckmorton, 

Tillman, 

Trigg, 

Wadsworth, 

Wait, 

Wallace, 

'Varner, A. J. Warner, William 

Weber, 

Wellborn, 

West, 

;~~· I 

Winans, 

Wolford, 

Woodburn, 

Haynes, 

Heard, 

Henderson, D. B, 

Henderson, T. J. Henley, 

Hepburn, 

Herbert, 

Hiscock, 

Honk, 

Hudd, 

Hutton, 

Irion, 

Johnson, F. A. 

Jones,J.T. 

Kelley, 

Lawler, 

LeFevre, 

Little, 

Lore, Neece, Rogers, Louttit, Norwood, Rusk, 

Lovering, Oates, Ryan, 

Lowry, , O'Donnell. Sadler, 

Mahoney, O'Ferrall, Sayers, 

Markham, O'Neill, Charles Scott, 

Matson, Outhwaite, Scranton, · Maybury, Payne, Sha w, McAdoo, Perkins, Smalls, 

McComas, Phelps, l::!nyder, 

McKinley, Pidcock, Spriggs, Millard, Randall, Steele, Miller, Ranney , Stewart, Charles 

Milliken, Reagan, St. Martin, 

Morrow, Reese, Stone, E. F. Muller, Rice, Stone, W. J., 1\Io. 

Murphy, Robertson, Struble, 

Swinburne, 

Symes, 

Taylor, E. B. Townshend, 

Tucker 

Van Schaick, 

Viele, Wa-de, 

W akefield, Wa.rd,.J.H. 

Ward,T.B. 

Weaver,A..J. 

White,A. O. 

While, l\1ilo 

Wilson.. 

~ So the motion of Mr. STORM for a recess was not agreed to. 

The following additional pairs were announced: 

Mr. LITTLE with Mr. LANHAM, on this vote. 

, 

Mr. CAMPBELL, of Ohio, with Mr. WHITE1 of Pennsylvania, for the 

rest of the day. 

Mr. CRAIN with Mr. CATCHINGS, on this vote. 

1\fr. OATES with Mr. BRADY, for the rest of the day. 

Mr. LAFFOON with Mr. MILLARD, for the rest of the day. 

The result of the vote was announced as aboved stated. 

The SPEAKER pro tempore (Mr. DUNN). The question now recurs 

on the motion of the gentleman from California [Mr. McKENNA] for 

the previous question on agreeing to the amendment and ordering the 

bill to a third reading. 

The question being taken, there were-ayes 95, noes none. Mr. LONG. I call for the yeas and nays. 

The yeas and nays were ordered. 

Mr. 'VISE. I move that the Honse now adjourn. [Cries of "Regular order!"] 

1\Ir. BURROWS. 111.r. Speaker, the yeas and nays have been ordered. 

The SPEAKER pro tempore. But the motion to adjourn is always 

in order. 

The question being taken on the motion of 1\fr. WISE to adjourn, 

there were-ayes 34, noes 81. 

l\fr. WISE. I call for tellers. 

Tellers were not ordered, only 20 voting in favor thereof. 

Mr. STORM. I demand the yeas and nays on the motion to adjourn. 

The question being taken on ordering the yeas and nays, there wereayes ~8, noes 108; more than one-fifth voting in the affirmative. 

Mr. HENDERSON, of Illinois, andothe1-s calledfortellerson ordering 

the yeas and nays. 

Tellers were ordered; and Mr. STORM and Mr. McKENNA were appointed. 

The SPEAKER pro tempore. The question is upon ordering the 

yeas and nays on the motion of the gentleman from Virginia. [Mr. 

WrsE] that the House adjourn. 

.Mr. LONG (at 4 o'clock and 55 minutes p. m.). I ask unanimous 

consent that we now take the ordinary recess until half past 7 o'clock 

this evening. 

The SPEAKER pro tempore. The gentleman from Massachusetts 

[Mr. LoNG] asks unanimous consent that the Honse now take a. recess, 

in conformity with the standing order of Friday, until half past 7 

o'clock. Is there objection? The Chair hears none; and the recess is 

taken. 

EVENING SESSION. 

The House reassembled at half past 7 o'clock p.m., and was called 

to order by Mr. T. 0. TOWLES, chief clerk. 

The following was read: 

' SPEAKER'S ROOM, HOUSE OF REPRESENTATIVES, 

Washington, D. C., Februar-y 4,1887. 

Sm: Hon. H.S. VAN EATON, of Mississippi, is designated to preside at theses· 

sion of the House this evening as Speaker pro tempore. 

Hon. JoHN B. CLARK, Jr., 

J. G. CARLISLE, Spealrer. 

Clerk House of Representatives. 

Mr. VAN EATON took the chair as Speaker pro femp01·e. 

ORDER OF BUSINESS. 

1\:lr. TAULBEE. I move that the Bouse resolve itself into Committee of the Whole on the Private Calendar for the purpose of carrying 

out the special order. 

The motion was agreed to. 

The House accordingly resolved itself into Committee of the Whole, 

Mr. RICHARDSON in the chair. 

1\fr. CONGER. I ask unanimous consent that members be permitted 

to-night to call up bills as has been the custom on the last two Friday 

night sessions. 

Mr. MORRILL. In addition to that, I ask unanimous consent that 

all debate on any bill be limited to ten minutes, five minutes on each 

side. 

The CHAIRMAN. The gentleman from Iowa [.Mr. CoNGER] asks 

unanimous consent that members be permitted to-night to call up bills 

according to the custom for several Friday nights past; and pending 
1887. CONGRESSIONAL RECORD-HOUSE. 1375 

that the gentleman from Kansas [Mr. MoRBILL] asks unanimous consent that debate be limited on each bill to ten minutes, five minutes 

for and five minutes against the bill. Is there objection? 

1rir. TAULBEE. Yes, sir; I shall object. I am willing that mem- bers be permitted to call up bills for consideration, provided that no bill objected to be called up to-night; that if there be objection made 

to any bill called up it go over without losing its place on the Calendar. • 

Mr. ROWELL. I will certainly object to that. Last Friday night 

unanimous consent was given that the same rule which had been followed should be applied to this evening. That was the agreement. 

The CHAIRMAN. The Chair is informed there is no agreement if 

any member objects. 

Mr. TAULBEE. I do not recognize any agreement. 

Mr. CONGER. There was such an agreement, and gentlemen will see it if they will consult the CONGRESSIONAL RECORD. 

The CHAIRbfAN. Gentlemen will resume their seats and we will see whether we can agree on an order of business. 

Mr. CONGER. On the last Friday evening we were in session before the gentleman from Michigan [Mr. WINANS] made the motion 

that the committee rise, there were a few gentleman who had not been 

recognized to call up bills, and it was understood, and the gentleman 

from Michigan will bear me out there was no opposition to the under- standing that the same role followed on that evening should be followed 

to-night. 

Mr. TAULBEE. I am willing to recognize that agreement if it is 

understood there shall be excluded from it two bills-one granting a 

pension to Mrs. Logan and the other granting a pension to Mrs. Frank 

P. Blair. I do not think we ought to attempt to consider those bills 

without a quorum. If those bills are excluded from the list I am perfectly willing to have such an understanding. 

Several MEMBERS. There is no "disposition to take those bills up. 

Mr. BRADY. I am willing that we shall proceed Ullder the understanding had at a former meeting, that bills shall be called up under 

the same rule which was followed at that time. It was understood 

members should be recognized as they were on that list. 

Mr. ROWELL. I wish the understanding of the last Friday night we were in session on pension bills shall be carried on t. It was understood just before the adjournment that when we met to-night it should 

be under the same rule which was then followed. I ask that list be 

followed in accordance with that understanding. Mr. TAULBEE. There is no objection with the exceptions I have 

referred to. 

The CHAIRMAN. The Chair is informed there was a list agreed 

upon at that time. If the gentleman will now state his motion the 

Chair will put it to the House. The Chair understands the request of 

the gentleman from Iowa [Mr. CONGER] is that by unanimous con- sent we shall proceed to consider bills upon the Calendar in the order 

as they appear upon the list; that is, that they shall be taken up in 

the order in which they appear on that list . . Is that the request? 

Mr. CONGER. Yes; that is the request. 

Mr. T A. ULBEE. I object, unless as I haYe suggested. 

The CHAIRMAN. The Chair understands if the two bills indicated 

are excluded from the agreement the gentleman from Kentucky will 

not object. 

Mr. ROWELL. Then I shall object, as that was no part of the understanding on the previous Friday evening. 

The CHAIRMAN. Is there objection to the exceptions proposed by 

the gentleman from Kentucky? 

Mr. ROWELL. Yes; I object. 

Mr. ANDERSON, of Kansas. I desire to make a statement. [Cries 

of "Regular order ! "] 

The CHAIRMAN. The regular order is demanded. 

1r1r. ANDERSON, of Kansas. I suggest, by unanimous consent, that 

bills may be considered under the five-minute rule. That will give 

sufficient time for debate. 

Several MEMBEBS. Not under the five-minute rule. 

The CHAIRMAN. Is there objection to the understanding that debate shall be limited to five minutes on each side? 

Mr. ANDERSON, of Kansas. ·I did not mean exactly that the debate should be under the five-minute rule, but that no member should 

be allowed to occupy more than five minutes. 

The CHAIRMAN. Is t.here objection? 

Mr. TAULBEE. There is objection until the other question is settled. 

Mr. STEELE. I call for the regular order. 

~lr. RYAN. I should like to know what the proposition of the gentleman from Kentucky is; I should like to have him state his objection specifically. 

lli. HEPBURN. I call for the regular order. 

The CHAIRMAN. The Clerk will read the title of the first bilL 

The Clerk read as follows: 

A bill (H. R. 4702) amending sections 4756 and 4757 of the Revised Statutes re- lating to pensions to certain disabled persons who have served in the Navy or Marine Corps. 

Mr. HENDERSON, of illinois. That is a public bill and not a private bill, and I do not see why it is upon the calendar. It does not 

come under the role. 

Mr. WINANS. I ask it be passed over. The CHAIRMAN. If there be no objection, the'bill will be passed 

over. 

1rir. -TAULBEE. I ask that members present be permitted to call 

up such bills as they desire to.be considered according to the list agreed 

to the last Friday evening we were in session; provided when a bill is 

reached on which there is an adverse report from the committee, it 

shall then require unanimous consent. 

Mr. HENDERSON, of Iowa. Let me ask the gentleman from Kentucky what is his purpose? Is it his purpose to exclude the bill grant. 

ing a pension to Urs. Logan? 

Mr. TAULBEE. It is; and also Urs. Blair's bill as well. 

ANNIE E. G.ABDINER. 

Mr. WHITE, of Pennsylvania. On the last Friday evening when 

the House was in session for this business· I called up a bill which 

was made a special order for this evening, and was to be the first bill 

disposed of. [Cries of" Regular order!"] 

The CHAIRMAN. The gentleman from Pennsylvania makes the 

point that this bill is the first bill in order this evening. 

Mr. BUCK. I call for the reading of the RECORD to show what 

that agreement was. The CHAIRMAN. The Clerk will report the bill called up by the 

gentleman from Pennsylvania. 

The bill was read, as follows: 

Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au- thorized and directed to place on the pension-roll. subject to the provisions and 

limitations ofthe pension laws, the name of Annie E. Gardiner, widow of John 

W. T. Gardiner, late a major on the retired-list of the United States Army,and 

pay her a. pension at the rate of-per month, from and after the passage of 

this act. 

Mr. MORRISON. Let us have the report read. 

The report (by M:r. WHITE, of Pennsylvania) was read, as follows: 

That having carefully considered the Senate report, they consider the facts 

therein stated amply sufficient, unanimously concur therein, and recommend 

the passage of the bill as amended by the Senate. 

[Senate Report No.l378, Forty-ninth Congress, first session.] 

The Committee on Pensions, to whom was referred the bill {S. 2660) granting a pension to Annie F. Gardiner, have examined the same, and report: The claimant, Annie E. Gardiner, is the widow of John W. T. Gardiner, late a major, United States Army. He was educated at West Point, and appointed brevet second lieutenant July 1, 1840, and served nntil retired, November 14, 

1861, "for disability resulting from exposure in line of duty." He died September 24, 1879. His widow applied for a pension November 24,1879, but it was rejected June 20,1885, on the ground that as the fatal cause of the soldier's death originated prior to March 4,1861, during a time of peace, there is no title to pension, the law 

requiring that it must have originated during a period of war. It appears that the soldier died of rheumatic gout, a.nd it also appears from the 

cet"tificates of physicians that he was treated for this disease as early as 1852. 

There are also further statements, which seem to be reliable, showing the origin 

of the difficulty prior to the fall and winter of 1848-'49. Dr. J. F. Head, surgeon, United States Army, testifies that he was stationed at Fort Snelling in 1849with 

the soldier, and he was under his professional care, and had been subject to attacks of rheumatic gout for a year or two before. • This evidence indicates that the disability was probably contracted during the 

period of the 1\Ie::rican war; but, however that may be, it would be difficult to give a reason why a soldier should be pensioned for a disability contracted in 

time of war and not pensioned for a like disability contracted in the service and 

line of duty in time of peace. Although the action of the Pension Office was legally correct, there can be no reason why, in the discretion of Congress, this 

widow should not be relieved from the inequitable operation of the rule, espe- cially in view of the probability, from the sworn testimony, that this case may 

properly be considered within it. 

We are inclined to give this widow the benefit of the doubt, and therefore re- port back the bill, with a recommendation that it do pass, with an amendment 

stdking out all after the word" Army," m the seventh line, a.nd insert" and 

pay her a pension at the rate of $25 per month from and after the passage of this 

act." 

The amendment recommended by the committee was agreed to . . The bill as amended was laid aside to be reported to the Honse with 

the recommendation that it do pass. 

ORDER OF BUSINESS. 

Mr. CUTCHEON. Mr. Chairman, I rise to a parliamentary inquiry. 

The CHAIRMAN. The gentleman will state it. 

Mr. CUTCHEON. Under the general order for Friday evening ses- sions it is provided as follows: 

That on each Friday the House shall take a recess from 5 o'clock p, m. nntil 

7.30 p. m., at which evening sessions private bills granting pensions reported 

from the Committee on Invalid Pensions and the Committee on Pensions * * * 

be considered, 

I wish to inquire if this is intended to provide that only bills reported 

from the Committees on Invalid Pensions and Pensions shall be con- sidered? 

The CHAIRMAN. That is the order of the House. 

Mr. CUTCHEON. Then, under that order could a bill reported 

simply by a minority of a committee be considered as a bill coming from 

either of those committeffi? 

The CHAIRMAN. The Chair is of oninion that a bill can not be 

reported by a minority. It must be by a~ majority. The minority can 

file :j.ts dissenting views; but under the rules of the House they do not 

report back bills. 
1376 CONGRESSIONAL- RECORD-HOUSE. FEBRUARY 4~ 

Mr. CUTCHEON. Then under that . order, as I understand it, no bill, excepting one reported from the committees named, can be taken 

np and considered. · Mr. MORRISON. A bill may be on the Calendar reported adversely. 

Mr. CUTCHEON. With that understanding I now ask unanimous 

consent that members present be allowed to call up bills reported by 

one or the other of those committees. 

Mr. MORRISON. I was about to say to the gentleman that an adverse report by a committee, which at the request of any member was placed upon the Calendar, would be the reporting of a bill, and would 

be entitled, as such, to consideration under the order of the Honse. I 

have no objection whatever to your request. 

The CHAIR~. If it be an adverse report and placed on the Calendar it is subject to be considered under this order. 

Mr. CUTCHEON. I ask unanimous consent that bills be called np 

by members the same as has been done heretofore, preserving the old 

list. 

The CHAIRMAN. Is 'there objection to the request of the gentleman from Michigan? 

Mr. TAULBEE. I object. I would be glad to see that agreement 

carried out provided all adverse cases were omitted from the agreement. 

Mr. HENDERSON, of Iowa. Regular order. 

Mr. ANDERSON, of Kansas. I would like to ask by way of a parliamentary inquiry, at what point on the Calendar the Clerk is beginning? 

The CHAIRMAN. On page 52 of the Calendar, as the Chair is informed. 

The Clerk reported the next business on the Calendar to be the bill 

(H. R. 4712) to place the name of JacobS. Biddle on the pension-roll. 

The bill was read at length. 

Mr. WISE. Let us have the report in that case read. 

Mr. CURTIN. I assure the House that the bill is all right. 

Mr. WISE. I withdraw the demand for the reading of the report. 

The CHAIRMAN. The question is, Shall the bill be laid aside and 

· reported to the House favorably? 

Mr. WINANS. I object to action upon the bill without having the 

report read. This bill has been discussed and passed over several 

times. There are some serious objections to it. This is not the first 

time it has been before the committee. 

The CHAIRMAN. The Clerk will read the report. 

Mr. CUTCHEON. I undtJrstand that the gentleman reporting the 

bill is not present. I ask, therefore, that the reading of the report be 

dispensed with and the bill informally laid aside, not to lose its place 

on the Calendar. 

The motion of Mr. CUTCHEON was agreed to. 

Mr. BRADY. I ask unanimous consent that the Clerk announce 

the titles of bills as they appear on the Calendar, and if no one calls 

them up for consideration that they be passed over informally, retaining 

their places on the Calendar. · Mr. TAULBEE. I object, unless those with adverse reports are 

omitted from that agreement. 

Mr. BRADY. I .accept that. 

Mr. ROWELL. I do not accept it. 

Mr. BRADY. It is just a waste of time reading bills, passing them 

over informally and doing nothing. We had better adjourn than to 

waste our time.in this way. 

The next business reported from the Private Calendar was the bill 

(H. R. 5927) for the reliefofLouisa Kearney. 

Mr. BRADY. I understand the gentleman reporting that bill is 

not present. I ask that it be passed over informally retaining, its place 

on the Calendar. 

There was no objection, and it was so ordered. 

The Clerk reported the next business on the Private Calendar as the 

bill (H. R. 4678) restoring to the pension-roll the name of James Monohan, &c. 

Mr. SWOPE. I ask to lay that bill aside without losing its place on 

the Calendar. 

There was no objection. · 

BETSY A. 1\IOWER. 

The next business on the Private Calendar was the bill (H. R. 8311) 

for the relief of Betsy A. Mower. 

Mr. IKE H. TAYLOR. . I observe that the Clerk has skipped one or two bills preceding that. I hope they will be taken up in their order. 

Mr. MORRILL. This is an adverse report, and I move that it be 

reported to the House with the recommendation that it do lie on the 

table. 

The motion was agreed to. 

MATHIAS WONDRAK. 

The next business on the Private Calendar was the bill (S. 1384) 

granting a pension to Mathias Wondrak. 

The bill is as follows: 

Be it enacted, &:c., That the Secretary of the Interior be, .and he is hereby au- thorized and directed to place on the pension-roll the name of Mathias Won- drak, late a priva.te in Company K, Twent.ieth Regiment United States Infantry, 

who served eleven years in the United States .Army and was honorably discharged for disability incurred in said service, subject to the limitations and pro- visions of the pension laws. 

Mr. WINANS. Does this regUlaT order include the consideration 

ot Senate bills ? 

The CHAIRMAN. It does. 

Mr. WINANS. I do not think they have been taken up regularly. 

Mr. PERKINS. If no member asks t~ consideration of this bill I 

move that it be laid aside informally. 

Mr. TAULBEE. I ask the consideration of the bill, and call for the 

reading of the report. 

The report (by Mr. WHITE, of Pennsylvania) was read, as follows: 

The Committee on Pensions, to whom was referred the bill (S. 1384) granting a pension to l'l1athias Wondrak, having had the same under consideration, con- cur in the report of the Senate committee hereto appended, and 1•ecommend 

the passage of the bill. 

[Senate Report No. 297, ¥orty-ninth Congress, first session.] 

The Committee on Pensions, to whom was referred the bill (S. 1384) granting a pension to Mathias Wondrak, having had the same under consideration, submit the foJlowing report: 

Mathias Wondra.k first enlisted in Company D, Fifth Regiment United States 

Infantry, May 8, 1858, for five years; was honorably discharged May 8, 1863, at expiration of term of service; enlisted a second time August 19t 1863, in Com- r.any B, Fourth Regiment Missouri Volunteer Cavalry; was aischa.rged for 

'disability" from Memphis Hospital July 20, 1865; enlisted a. third time Febru- ary 15,1868, in Company K, Twentieth Regiment United States Infantry; was discharged April18, 1869, for "disability" at Baton Rouge, La.. Declaration for 

pension filed January 27, 1874, claimant alleging that he was much exposed to wet and cold ; and that about February 8 or 10, 1869, while on guard duty a.t Ba- ton Rouge, La.., he became very wet and took cold, resulting in rheumatism, 

which has continued until this time, and that in consequence of this rheumatism he was discharged from the service at Baton Rouge, La., April18, 1869, 

after being in the hospital there for about six weeks. . Claim rejected on the ground that the alleged disability is not shown to be duo to the servi'ce. · Communication from .Assistant Adjutant-General, dated March 30,1874, and 

signed J. B. Martin, Assistant Adjutant-General, shows that Mathias Wondrak was discharged at Baton Rouge, La., April 19, 1869, "by reason of old age and 

disability arising from long service." 

Wondrak's statements as to exposure from 1858 to 1863 are substantiated by 

affidavit of Owen Pheeny, who served with Wondrak in Company D, Fifth 

Regiment United States Infantry; also by affidavit of Thomas Macken, late a sergeant in Company I, Twentieth Regiment United States Infantry, who tes- tifies to seeing Wondrak in hospital at Baton Rouge in the spring of 1869; also 

from surgeon's certificate of disability for discharge dated April 26, 1866, signed 

by William S. Buchanan assistant surgeon, United States Army, alleging as reasons for his discharge •

1 old age and general debility; " also from certificates 

and affidavit-of A. C. Girard, assistant surgeon, United States Army, dated at Baton Rouge, La., April18,1869, certifying to "chronic bronchitis al)d general 

debility, the disability originating in the line of his duty;" also from certificate 

of Capt . .A. A. Harbeck, United States Army dated a.t Baton Rouge, La., March 

30, 1869, assigning as reason for discliarge of soldier- " Unfit for active duty beCa.use of disability arising from loug service." 

.Also from report of Examining Sur~eon J. L. A. Bowen, dated Washington, August 9, 1875, when soldier was suffenng from "chronic rheumatism, heart dis- ease, enlarged veins, and stiffness of joints." • In view of this evidence, the committee believe it their duty to report in favor 

of this bill, and recommend its passage. 

The bill was laid a.~ide to be reported to the Honse with a recom· -

mendation that it do pass. 

ORDER OF BUSINESS. 

Mr. TAULBEE. I ask unanimous consent that the Chair proceed 

to recognize gentlemen whose names are on the list, and when they obtain recognition that they be allowed to call up their bills, at which 

time it will be in order for any one to object to their consideration. My 

proposition is that gentlemen be recognized to ask unanimous consent~ 

Mr. BOUTELLE. I should like to know when this list was made. 

:M:r. TAULBEE. It was made at a. former Friday night session, and 

there was a tacit understanding that the list should be carried over. The CHAIRl\IAN. Is there objection to the request of the gentleman from Kentucky? 

Mr. LYMAN. I desire to inquire what this request means. 

Mr. TAULBEE. I think I can explain it. At the last Friday night 

session· unanimous consent was had for the Chair to recognize members 

alternately on each side of the House, and in order to that recognition a li-3t was made. We could not co.mplete that list, and some of the 

gentlemen-who stood here for recognition were deprived of it. It was the taci.t understanding at that time that to-night those gentlemen were to be recognized. The proposition I now make is for the purpose of 

carrying out that understanding. I wish fu say further that my un- derstanding in regard to that list is that there are on it many more 

names on that side of the House than there are names of gentlemen on this side. And I wish further to st.ate that I have no personal interest in this matter, because I am not in the list; but I would like that 

list to be respected. 

:M:r. PERKINS. The chairman of the Committee of the Whole was 

requested two weeks ago to preserve that list. 

Mr. LY:M:AN. The trouble I have is not with the list, bot I wish 

to make this inquiry. When the name is called and a gentleman calls 

up a bill, is a single objection sufficient to prevent its consideration? 

The CHAIRMAN. There is no such agreement. 

Mr. TAULBEE. That is the effect of my proposition. 

Mr. LYMAN. Then I object to it. 

The CHAIRMAN. Objection is made. The Clerk will report th~ 

next bill. 
' 

1887. CONGRESSIONAL RECORD-HOUSE. 1377 

GEORGE BLISS. 

The next business on the Private Calendar was the bill (S. 1783) 

granting an increase of pension to George Bliss, reported by the Committee on Inva1id Pensions with an adverse reco:nmendation. 

The bill was read, as follows: 

Be it enacted, &:c., That the Secretary of the Interior be, and he is hereby, au· thorized and directed to place on the pension-roll, subject to the provisions and 

limitations of the pension laws, t,he name of George Bliss, late a. private in Com- pany I, Thirty-fourth Regiment Massachusetts Volunteer Infantry, at, the rate of $8 per month, in lieu of the pension he is now receiving, to commence from 

the passage of this act. 

Mr. MORRILL. I move that the bill be laid aside to be reported 

to the Honse with the recommendation that it be indefinitely postponed. 

· Mr. STEELE. Let us hear the report. 

The CHAIRMAN. The Chair is informed there is an ad verse report 

on this bill. 

Mr. STEELE. I should like to hear it. 

The report (by Mr. LoVERING) was read, as follows: 

That the beneficiary in the bill is now upon the pension-roll at the rate of $4 per month. He applied for an increase, which application was rejected on the 

ground that b e was" in receipt of a pensioncommensuratewithbisdisability." Your committee are of opinion that where a board of surgeons of the Pension 

Department have examined a. claimant and fixed the degree of disability and rate for the sam e, which finding is affirmed by the Dep artment, it would be a. manifest injustice to the hundreds of~housands upon the roll under like conditions should the committee undo the proper work of the Department, reverse its findings, and increase the pension of any one claimant, simply because be comes to Congress asking that the same be done. Your committee therefore are constrained to report back the bill with the 

recommendation that it do not pass. 

. The bill was laid aside to be reported to the House with the recommendation that it be postponed indefinitely. 

MISS MARGARET STAFFORD WORTH. 

The next pension bill on the Private Calendar was the bill (S. 2030) 

granting a pension to Miss Margaret Stafford Worth. 

The bill was read. 

Mr. ELD'REDGE. AE the gentleman from Pennsylvania [Mr. 

WHITE], who reported this bill from the Committee on Pensions, is 

not present, I ask that it be laid aside without losing its place on the 

Calendar. 

There was no objection, and it was so ordered. 

LUCY A. WASHBURN. 

The next pension pill on the Private Calendar was the bill (S. 2218) 

for the relief of Lucy A. Washburn. · 

Mr. PERKINS. If no gentleman requests the consideration of this 

bill, I suggest that it be informally passed over. ' 

Mr. TAULBEE. I request its consideration. 

The bill was read, as follows: 

· Be il enacted, &:c:, That the name of Lucy A. Washburn, wftlow of First Lieu· tenant Lon \~ashburn, late of Battery I, Sixteenth Regiment New York Artil- . lery, be placed on the pension-roll at the rate of $12 per month. 

:Mr. WISE. I ask for the reading of the report. 

. The report (by Mr. LOVERING) was read, as follows: 

· The Committee on Invalid Pensions, to whom was referred the bill (S. 2218) 

for the relief of Lucy A. Washburn, having bad the same under consideration, 

:report back the same, adopting the Senate report as its own, a.nd recommend 

that the bill do pass. 

[Senate Report No. 885, Forty-ninth Congress, first session.] 

The Committee on Pensions, to whom was referred the bill (S. 2218) granting a pension to Lucy A. Washburn, have examined the same, and report: 

The claim for pension of Lucy A. Washburn, widow of Lon Washburn, late 

private of Battery I, Sixteenth New York Artillery, was rejected by the Pension 

Office, on the ground that there is no record of the incurrence of the soldier's 

fatal disease in servioe, or medical treatment for same in service, or from discharge up to a short time prior to his death. Tbe fact of absence of record testi- mony is one of the most fatal that the applicant for pension bas to encounter. The conclusive evidence in this case is that of his comrades, who testify that 

wiUl him they were out three days on a scouting expedition; that this soldier led the party; that they were out three days in a. continuous rain, ps.rt of the 

time in a swamp; that this man took cold, which resulted speedily in consump- tion, of which he died, and this they state upon their personal and positive 

knowledge. And it is in evidence that be was not only sound, but an unusually 

robust young men when he entered the service. This evidence is from respon- sible and properly.Jaccredited sources. · · The Pension Office has procured from two persons (one a. postmaster, who 

does not give his name) a. statement indorsed on the back of an official letter to the efrect that the soldjer died of " hereditary" consumption, of which others 

of his family bad died. These statements are not in the form of evidence, but 

bliefly and loosely made, and they are the only ones at variance with the testi- mony that proves the incurrence of the disease and its fatal ending. The cough and its wasting eft"eet are traced from before h is discharge to his death. 

The committee, after a careful examination of all th~ evidence, feel justified 

in reporting the bill favorably, with a. recommendation that it do pass. 

Mr. TAULBEE. I move to amend the bill by striking out the words 41 at the rate of $12 :per. month" and insert in lieu thereof the words 

"subject to the provisions and limitations of the pension laws." 

The amendment was adopted. 

The bill as amended was laid aside to be reported to the House with 

the recommendation that it do pass. 

MRS. ANN E. LA"!\IBURG. 

The next business on the Private Calendar was the bill (S. 1902) 

granting a pension to Mrs. Ann E. Lamburg. 

XVIII-37 

Mr. SWOPE. I ask that this bill be passed over informally, not 

losing its place on the Calendar. 

There was no objection, and it was so ordered. 

MRS. M. C. MILES. 

The next business on the Private Calendar was the bill (S. 1627) 

granting a pension to Mrs. M. C. Miles. 

The bill was read, as follows: 

Be i t enacted, &:c., That the Secretary of the Interior be, and he is hereby, au- thorized and directed to place on the pension-roll, subject to the provisions and 

limitations of the pension laws, the name of 1\'lrs. M. C. Miles, of Lansing, Mich., 

widow of Marcus H. Miles, late a first lieutenant in the Eleventh Michigan Cavalry. 

Mr. TAULBEE. Let the report be read. 

The report (by Mr. WINANS) was read, as follows: 

The Committee on Invalid Pensions, to whom was referred Senate billl627, 

report that they have examined the same, and adopt the Senate report, as follows: 

[Senate Report No. 784, Forty-ninth Congress, first session.] 

The petitioner is the widow of Marcus H. Miles, late a first lieutenant in the 

EleYentb Michigan Cavalry. The claimant made application for a. pension on the ground that her ~us band 

received an injury that resulted in hernia, and which was the cause of his deat~. 

The Commissioner of Pensions decided that his death was not a result of his 

military service. There is no record testimony other than that which identified 

the soldier in his line of duty. Tbe surgeon of the Eleventh Michigan Cavalry, Lucius C. Woodman, testifies 

that he was well acquainted with Marcus H. Miles, and he describes minutely the 

accident, which occurred fro~ a. fall while on a. train of cars, and from which it appears that hernia. was immediately produced, e.nd for which be was treated 

then and subsequently by Surgeon 'Voodman. The colonel of the regiment was present and testifies to all the circumstances and to the subsequent disability of 

Lieutenant Miles, and to the necessity of placing him on detached service. The 

Adjutant-General certifies to the presence of these two officers at the time. 

The physicians who attended Lieutenant Miles during his disability, and down to the date of his death, agree that he was not able to p e-rform any kind of labor, 

and that the cause of his death was paralysis of the b1 .. dder and suppression of 

the secretions froM the kidneys, owing to nervous prostration and continued 

irritation from compUooted hernia.. 

The committee report the bill favorably, with a. recommendation that it do pass. 

The bill was laid aside to be reported to ·the Honse with the recommendation that it do pass. 

ALBERT C. KELLEY. 

The next business on the Private Calendar was the bill (S. 2286) for 

the relief of Albert C. Kelley. 

The bill was read, as follows: 

Be it enacted, &c., That the Secretary of the Interior be, and he hereby is, au- thorized and directed to place on the pension-roll, subject to the limitations and 

provisions of the pension Jaws, the name of Albert C. Kelley,J.a.te a. private in 

Company B, Fifth Regiment of Michigan Cavalry. _ 

The report (by Mr. WINANS) was read, as follows: 

The Committee on Invalid Pensions, to whom was referred Senate bill 2286, 

report that they have examined the same, and adopt the Senate report, as follows: 

[Senate Report No. 1106, Forty-ninth Congress, first session.] 

The claimant was a. private in Company B, Fifth Michigan Cavalry. ~e en- listed August 16, 1862, and was discharged May 15, 1865. His alleged disabilities are deafness, erysipelas, lung disease, and general disability, His application 

for a. pension is rejected on the ground that he was deaf before he entered the 

service and his inability to prove that the other diseases were contracted while 

in the Army. 

There have been two special examinations in this case, at one of which D. M. Greene testifies that be has known claimant since he was two years old; is his 

cousin by marriage; that be was a. little hard of hearing when he enlisted; it was generally known that he was a. little hard of bearing; that when be re- turned from the service be was much worse-quite deaf; was well and hearty 

when he enlisted, and could do a good day's work of the hardest kind; does not know whether be was disabled in any other way after his discharge or not. The Surgeon-General's report says the reeords show that claimant entered 

the hospital at Newberne, N. C., March 21, 1865, with erysipela s of head and 

face; and he traces him to different hospitals; Aprill8, 1855, with bronchitis; April 26, 1865, with erysipelas, and again w ith erysipelas, soon after which he was discharged. ' Admitting that he was a. little hard of bearing when he enlisted, he was en· rolled as they found him. He came out of the service quite deaf. There is rec- ord evidence as above that he contracted erysipelas and bronchitis in the serv· ice, and from the effects of these, according to the report of a. special examiner, 

be appears to be dying at the National Military Home, Hampton, Va. The committee report t-he bill with an amendment, striking out all after the 

word "cavalry," in the seventh line, with a. recommendation that it do pass. 

The bill was laid aside to be reported to the House with the recommendation that it do pass. 

ORDER OF BUSINESS. 

Mr. MILLARD. I ask unanimous consent that gentlemen may be 

recognized upon the right and on the left side of the House alternately, 

to call up bills for consideration in accordance with the list. 

Mr. WALLACE. Regular order. 

The SPEAKER p1·o tempore. Objection is made. The Clerk will report the next bill. 

WILLIAM BARDEN. 

The next business on the Private Calendar was the bill (S. 2353) 

granting a pension to William Barden. 

The bill was read, as follows: 

Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au- thorized and directed to place on the pension-roll the name of 'Villiam Bar- den, father of Henry D. Barden, a private of Company E, First Regiment of 

Wisconsin Cavalry, subject to the provisions and limitations of the pension 

laws. 
. 

1378 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 4, 

The report (by Mr. WINANS) was read, as follows: 

The claimant is William Barden, and applied for a pension as dependent father of Henry D. Barden, who was a private in Company E, First Wisconsin 

Cavalry, and who died of wounds received in battle 1\Iay 13t 1863. The applica- tion was rejected on the ground that the claimant was not aependent upon his son a t the time of his death, but was able to, and did, labor for the support of 

his family. 

The soldier's legitimacy and celibacy are properly proven. The dependence 

of the father is established by the testimony of witnesses who date their knowledge of him from 1856, when he was a poor man. Dr. Samuel J. Osborn, of Oshkosh, Wis., testifies: 

"Claimant, being not of robust health, could not work always at his occupation; 

that his sons helped him before the war; that be had a troublesome cough, and some other ailments, which affiant can not distinctly remember, except that be 

could not always follow his trade; that what property he had was spent in car- ing for his wife, who died of cancer in the breast." 

Another witness testifies to his knowledge of claimant since 1856; knows that 

he was and is now a poor man, temperate and frugal ; that he well knew the 

soldier, and believes he largely assisted in the support of claimant and his 

family; that he sent home a part of his pay while in the service. 

The soldier's letters are produced to show that he recognized his father's dependence, and contributed liberally of his monthly pay. The aggregate of testimony shows that the father bas never been a strong and healthy man, and that he has had a continuous struggle with poverty to tl~ pre ent time. 

'!'he bill is reported favorably with a recommendation that it do pass. 

1\Ir. WISE. I must object to that bill, Mr. Speaker. The question 

involved in it waa discussed here the other day in the case of 1\Ir. Tiller, and this case is exactly similar. 

Mr. WINANS. 1\Ir. Speaker, it seems to me that this is quite different from the Tiller case. The beneficiary in this case was plainly 

dependent on his son for liis support and is entitled to the relief to be 

granted by this bill, "subject to the limitations of the pension laws." 

So far as I have knowledge of the case, it seems to be in all respects a deserving one and certainly quite different from the Tiller case, wherein 

the soldier was not in the line of duty when captured, nor was the parent dependent at the time of the soldier's death. 

The SPEAKER pro tempore. The question is, Shall this bill be laid 

aside to be reported to the House with the recommendation that it do 

pass? 

There was no objection, and it was so ordered. 

JOHN REED, SR. 

The next business on the Private Calendar was the bill (S. 1626) 

granting a pension to John Reed, sr. The bill was read, as follows: 

Be it enacted, &:c., That the Secret~ of the Interior be, and he is hereby, au- thorized t>.nd directed to place on the pension-roll, subj~ct to the provisions and 

limitations of the pension laws, the name of John :Reed, sr., of North Branch, 

Mich., dependent father of John Reed, jr., late a privat~ in the Seventh Michigan 

Cavah·v. 

Air. WALLACE. Mr. Speaker, I ask for the reading of the report 

in that case. I aJ.so :l.Sk unanimous consent thatall the reports maybe 

read in connection with the bills without the necessity of calling for 

each one. Afr . .ANDERSON, of Kansas, and :Mr. BRADY. I object. 

Mr. WALLACE. It will not make any difference, because I shall 

certainly call for the report in every case. Air. BRADY. We appropriate millions of dollars here without calling for the reading of the reports, but the reports are called for in every 

pension case, the object being, obviously, to consUII).e time. 

The report (by Mr. WINANS) was read, as follows: 

Martha Reed, the mother of John Reed (a private in Company G, Seventh 

Regiment Michigan Volunteers), was granted a pension commencing the 5th 

day of December, 1862. She has since died, and the accompanying bill is to grant a pension to John Reed, sr., the aged and dependent father of the soldier 

above named. 

The committee report the bill favorably, with a recommendation that it do 

pass. 1 

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

MRS. MARY LATHROP. 

Mr. WAIT. Mr. Speaker, I ask unanimous consent to call up the bill 

(H. R. 10021) granting a pension to Mr.s. Mary Lathrop. I make therequest now because I hardly feel well enough to remain here until a late 

hour. 

There was no objection. 

The bill was read, as follows: 

Be it enacted, &:c., That the Secretary of the Interior be, and he is hereby, 

authorized and directed to place on the pension·roll, subject to the limitations 

and 1·estrictions of the pension laws, the name of Mary Lathrop, widow of 

Henry Brooks, late a private in Company F, Twenty-sixth Regiment Connecticut Volnuteer Infantry. 

Mr. WISE. Let us have the report read. 

The report (by 1\Ir. LOVERING) was read, as follows: 

The claimant was married to Henry Brooks, late private of Company F, 

Twenty-sixth Regiment Connecticut Volunteers, October 8, 1839. Brooks enlist~d August 30, 1862, and was wounded in battle at Port Hudson, May 27, 1863, 

from the effects .of which wound be died July 3, 1863. The claimant was pen· sioned a nd continued to draw her pension until January 10, IBn, when she mar- ried one Harvey Lathrop, with whom she lived as his wife until his death, Jan- uary 10,1879, since which date she has remained a widow. 

The evidence before your co:mmittee shows that the claimant is now sixty- six years of age, that for several years past she has been a sufferer from palsy and epileptic seizures to such an extent as to render her unable to pursue any calling or perform any labor by which she could obtain a living. Dr. Carleton, 

who has attended her since 1883, testifies that since his attendance upon her 

claimant also had a slight apoplectic attack; her walk is very unsteady, and she 

is gradually growing worse. Her only income is from a trust fund set aside by 

he:r last husband, from which she obtains an annual income of iBO, the greater portion of which is needed for medicine and medical attendance. 

There is no one legally bound to assist her. She has, since the death of IJS.throp, been cared for in part byadaup;hter who herself is compelled to earn a support for her chil<!ren by sewing. For a iarge p:n-tof h er support she is depend- ent upon the charity of friends. The excellency of h er character and reputa.- tion is amply shown. 

The provisions of the general pension laws preclude her restoration to the 

pension-rolls. Congress bas on several occasions granted relief in similar cases. From the evidence before your committee it is clear that should the relief asked 

for in this case be granted, the pension-rolls would not be burdened long with 

this additional beneficiary. 

Believing the claimant worthy of the assistance of the Government for whose 

preservation her husband laid down his life, your committee report favorably on the accompanying bill, and ask that it do pass. 

The bill was laid aside to be reported to the House with the recom- D?-endation that it do pass. 

GEORGE HAll£. 

Mr. RYAN. I ask unanimous consent for the present consideration 

of the bill (S. 785) granting a pension to George Ham. 

The bill was read, as follows: 

B e it enacted, &:c., That the Secretary of the Interior be, and he is hereby, au- thorized and directed to place on the pension· roll, subject to the provisions and 

limitations of the pension laws, the name of George Ham, late fust sergeant of 

Company D, Second United SLates Artillery. 

1\Ir. WALLACE. I caJl for the reading of the report. 

The report (by Mr. MORRILL) was read, as follows: 

The facts in this case are set forth in the report of the Senate Committee on Pensions, which is herewith adopted, and the passage of the bill recommended. 

The claimant, George Ham, enlisted in Company D, Second United States Ar- tillery, December 29,1859, and t.bat he was discharged at San Jose, Cal., February 

6,1867, having re-enlisted February 6,1864. That he made application for pension in 1882, a.lleging that he contracted rheumatism at Harrison's Landinl:, Virginia, in July, 1862. The Comniissioner of Pensions rejected the claim on the 

ground that there has been no disability from a.lleged cause since date of filing 

his application. The claimant testifies that since his discharge from the service 

the disease has been continua.lly growing upon him, and that at times during all 

this period he was unable to perform manuallabor, and now the disease is taking 

firmer bold upon him, and rendering him more unfit to perform manual labor. 

Francis Wathier and William H. Cox, comrades, testify that claimant con- tracted rheumatism at Harrison's Landing, Virginia, about June 29, 1862; that 

he was unable to get on his horse without assi ta.nce, suffering much until after 

the battle of .Antietam, and still suffering as long as affiants rt!mained in the 

service, being dis charged before claimant. 

Claimant testifies that he was ordered to the hospital by the company com- mander, Emery Upton, while at Camp Upton, Virginia, September, 1862, but had 

the order countermanded at his own request; that heneverwasin the hospital; was treated for rheumatism by the assistant surgeon attached to Captain Hexi- mer's New Jersey Battery, at Bakersville,Md.,and at White Oak Church, Va.. He testifies further that Dr. George W. Church, who treatlld him for rheumatism 

in 1867, is dead. Dr. March was of Albany, N.Y., and he is unable to get his tes- timony; has not called a physician since for that special ailment, and has not published his ailments to his neighbors. He states that it is impossible fof bim to furnish further evidence in his claim; that it is impossible to find neighbors who can recollect the extent of his disability. 

Dr. Knapp, of Ossawatomie, Kans., superintendent of the State Asylum for the 

Insane, testifies that he has known claimant for twelve years; that he was em- ployed at the Kansas State Hospital for the Insane from 1874 to 1877; that all the 

time he complained more or less of rheumatism., having frequently prescribed for him in acute attacks of that disease. From his intimate acquaintance with 

claimant for twelve years, and daily observation for three years, 1874 to IB77, he 

would rate his disability to perform manual labor atone-hal! total. He further states that during the time of claimant's employment he complained more or less of rheumatism affecting intercostal, dorsal, and lttmbar muscles, on many occasions being obliged to suspend work for a short time on account ofpainful 

respiration or inability to stoop. Claimant is a man of irreproachable character, indomitable courage and energy, bnt, being uneducated, his only resource is manual labor, of which he has been largely deprived by his rheumatic disability. In affiant's belief he often discharged his duties faithfully while suffering a degree of disability which would have caused the average man to abandon his position. 

Henry Parker, a. neighbor, testifies that be has known claimant since spring of 1874; knows that he has been frequently sick; has waited on him in his sick- ness, and understood his sickness was rheumatism; attacks were frequent and severe. Dr. C. A. Wakefield. examining surgeon, Eureka, Kans., December 6,1882, says be can find nothing to support claim for chronic rheumatism, but is satisfied 

claimant suffers from some obscure or rheumatic trouble. Based on claimant's statement alone; thinks his disability to amount to one-half totaL • In a petition accompanying this bill, numerously signed by soldiers residing in Greenwood County, Kansas, it is set forth-also verified by indorsement on back of his certificate of honorable discharge-that the claimant was present and participated in sixty-two engagements during the late war; that be is the 

bead of a family consisting of a wife and six children, who are dependent upon him for support; that claimant is now forty-seven years old, very poor, and 

health failing him rapidly; that he is worthy of attention. The presence of his 

comrades who testify to the increase of his disability is verified by the report oC 

the Adjutant-General. All witnesses are credible and reliable men. No sus- picion of fraud; and In consideration of his long and faithful service the com- mittee recommend the passage of the bill. 

The CHAIRMAN. The question is on laying the bill aside to be re- ported to the House With a. favorable recommendation. 

Mr. WALLACE. I do not see in this report any testimony to show 

that the bill should be favorably considered. I ask that it be passed 

over informally. 

Mr. RYAN. What is the gentleman's objection to the bill? 

1\lr. W ALLA.CE. I see no merit in it at all. The report presents no testimony, but simply the man's statement of his own case. Mr. RYAN. Why, if the gentleman had listened to the reading of 

the report--

:Mr. WALLACE. I tried to do so; I tried to find some testimony in 

support of the application. 

Mr. RYAN. If the gentleman had listened attentively, he would 
' 

1887. CONGRESSIONAL RECORD-HOUSE. 1379 

have heard the testimony of physicians, and thetestimonyoftheman's 

neighbors, showing his present condition; he would have heard the 

testimony of the man's comrades showing that, while he was in the 

service, he suffered from the disease for which he now asks a pension; 

that he participated in sixty-two engagements during the war, and is a man of irreproachable character. 

!1r. WALLACE. He may be; but his comrades do not seem to be 

such, or the Pension Office would have allowed him a pension. In 

view of the estimate which the Pension Office evidently placed on their 

testimony, I do not think this House should go behind the action of 

that Department. I ask that the bill be passed over informally. 

Mr. RYAN. I move, :Mr. Chairman, that the bill be laid aside to 

be reported favorably to the House. 

The question being taken, there were-ayes 56, no 1. 

Mr. WALLACE. .Mr. Chairman, I will not call for a quorum on this question, although I think this bill upon the report as presented 

has no merit but is a disgrace to the House. I will allow it to pass, 

because there may be a contingent possibility that this man ought to 

receive relief in this way Therefore I will not insist on a quorum. 

The CHAIRMAN. On the motion of the gentleman from Kansas 

[Mr. RYAN] to lay the bill aside to be reported favorably to the House 

the ayes are 56, the noes 1. The motion is adopted. 

Mr. WALLACE. I now call for the regular order. If the bill just 

considered is a specimen of the sort of bills we are to have brought up 

here upon the call of individual members, I think we had better adhere 

to the regular order. 

Several M&rnERS. Regular order. 

The CHAIRMAN. Gentlemen on both sides demand the regular 

order. The Clerk will read the next bill on the Calendar. 

MRS. ELLEN M. BOGGS. 

Mr. CURTIN. Mr. Chairman, I am not very well, and I desire to 

retire from the Hall. I ask unanimous consent for the consideration 

at the present time of the bill (S. 722) for an increase of pension to 

Mrs. Ellen M. Boggs. 

The CHAIR:lt1AN. The bill indicated by the gentleman from Pennsylvania [Mr. CURTIN] will be read, after which the Chair will ask if 

there is objection. 

Mr. WALLACE. I have been willing to waive the regular order of 

the evening in the hope that meritorious bills might be presented for 

consideration. But the first bill brought up is so destitute of merit 

that if this is to be a type of others--

The CHAIRMAN. Does the gentleman object to the request of the 

gentleman from Pennsylvania. 

Mr. WALLACE. In deference to the gentleman from Pennsylvania I will not urge objection to his proposition. 

The CHAIRMAN. The bill will be read. 

The Clerk read as follows: 

Be it enacted. &c., That the Secretary of the Interior be, and be is hereby, au- thorized and directed to place on the pension-roll, subject to the limitations and provisions of the pension laws, the name of Elle.n M. Boggs, widow of William Brenton Boggs, deceased, late a pay-director in the United States Navy, at the rate of $'50 per mont~ in lieu of the amount now received by law. 

The CHAIRMAN. Is there objection to the consideration of this 

bill? 

Mr. WALLACE. I ask that the report be read. 

The CHAIRMAN. The report will be read, the right to object being 

.reserved. 

The report (by Mr. HUTTON) was read, as follows: 

The Committee on Pensions, to whom was referred the bill {S. 722)forincrease of pension to l't1rs. Ellen M. Boggs, have bad the same under consideration, and concur in the Senate report, hereto attached, and recommend the passage of the bill. 

William Brenton "Boggs, deceased, was a pay-director in the Navy for many years, his entire period of service covering a quarter of a century. His record as an officer was without a flaw, while his gallantry was conspicuous. The committee present. and make a part of their report, the following com- munication from Admiral Porte~ relating to this case: 

I OFFICE OF THE ADMIRAL, 

Washington, D. 0., December 18, 1880. 

MY DEAR MADAM: I regret to hear that the letter I wrote you in regard to your late husband's services has been lost, either in the Naval Committee rooms or in the Pension Office. It will, however, make little difference, as I can tell you pretty much what I embodied in my former communication. 

During the period I commanded the Mississippi squadron we had a large "wharf-boat," some 600 feet long, as a storehouse for the squadron. This was set on fire one night in the year 1864, by means of a torpedo, and the flames spread so rapidly that it was with the utmost difficulty those on board escaped to the shore. The different pay officers of the station had all their accounts and the public money on board this vessel. At the time of the fire your late husband, William B. Boggs, occupied the po- sition of fleet paymaster of the Mississippi squadron, and slept on board the vessel to guard the public papers and money. He was the only one during the confia~ation who did not leave his post, but forcing biB way through the flames he succeeded in securing his books and papers, arid then worked his way to the roof of the wharf, whence he jumped overboard and succeeded in saving his most valuable papers. This was not done until his clothing W88 burned off and he was nearly scorched to a cinder. I saw him an hom after the accident, and a more dread- ful burning I never witnessed. For many months his life was despaired of, and when he was able to move about he was so marked that his most intimate friends would scarcely know 

him. 

No doubt his death was greatly hastened by the terrible shock his constitu- tion underwent at that time. I am satisfied that the stern bravery shown by 

Paymaster Boggs on the occasion entitles his widow to a pension as much as if the action had been performed in battle. It was not the excitement of battle that sustained him, but a heroic effort to preserve the Government accounts, the loss of which would have compelled the payment oflarge sums of money by the Department to persons who had no real claim for compensation. I look upon this action of MI·. Boggs as one of the most heroic which came under my observation during the wa1·. It wa a case where a man battled with the flames w ith almost a certainty of lo ing his life. 'Villi all due respect for our legislators, I am of the opinion that the widow of Paymaster Boggs is as much entitled to a pension as the widow of any other officer who was disabled during the war. 

I remain, very respectfully and truly, yours, DAVID D. PORTER, 

1\Irs. WILLIAM B. BoGGS, 

Ge01·gelown, D. C. 

.Admiral. 

I omitted to state in the body of this communication whnt I said in my former one, that I think that Congress should give you an increase of pension to the amount of 550 a month. 'l'hirty dollars per month is what any officer's widow can obtain whose husband has performed ordinary service. That you can claim without going to Congress, and 550 per month should be given for heroic con- duct. I think if Congress can be made to understand all the bearings of this 

matter they will not fail to do justice in the premll.es.- DAVID D. PORTER. 

The death of Pay Director Boggs left the claimant, his widow, in very strait- ened circumstances, and the committee, believing her condition to be such as to warrant the proposed increase, recommend the passage of the bill as amended, to wit: 

Strike out in line 8, after the word "month," -the rest of the section, with the proviso, and insert the following: "In lieu of the amount now received by 

law." 

The CHAIRMAN. · Is there objection to the consideration of this 

bill? 

Mr. WALLACE. I would like to ask whether it is customary in all cases to give the widows of pay directors in the Navy a pension of $50 

a month? 

Mr. BRADY. Not in all cases; but a great many pensions of that 

amount have been granted to the widows of officers of the same rank 

as this one. Mr. WALLACE. What pension is the widow now receiving? 

Mr. BRADY. Thirty dollars a month. 

Mr. WALLACE. That is the extent to which pensions have been 

allowed in these cases? 

~1r. BRADY. That is the extent under the general L1.w; but there are a number of precedents for pensions of $50 in cases of this kind. 

Mr. WALLACE. On what particular reasons? 

Mr. BRADY. The increased pension is asked in this case on account 

of the heroic services of this man, as stated by Admiral Porter. 

Mr. CURTIN {to Mr. W .ALLACE). Oh, my dear friend, in this case you shotlld take counsel of your heart, and not of your head. 

Mr. STRUBLE. I would like to inquire the rank of this officer. 

A MEMEER. Colonel. 

The CHAIRMAN. Is there objection to the consideration of the 

bill? 

1\Ir. WINANS. I object to the further consideration of the bill. It is likely to give rise to considerable discussion; it certainly can not 

pass without discussion; and I object to it. 

The CHAIRMAN. The gentleman from Michigan [Ur. WINANS] 

objects. 

Mr. WINANS. I insist on the regular order. 

RACHEL ANN PIERPONT. 

The next business on the Private Calendar was the bill (S. 2452) 

granting a pension to Rachel Ann Pierpont. 

The bill was read, as follows: 

Be il enacted, &c., That the Secretary of the Interior be, and he is hereby, au- thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Rachel Ann Pierpont, dependent mother of Thomas W. Bailey, la.te a private in Company 0, Twenty-second 

Kentucky Infantry. "' 

The report (by Mr. WINANS) was read, as fol!ows: 

The Committee on Invalid Pensions, to whom wus referred Senate bill 2452, 

report that they have examined the same, and adopt the Senate report, as fol- lo"'rs : (Senate Report N o.lllO, Forty-ninth Congress, first session.] 

The petitioner claims to be the dependent mother of Thomas W. Bailey, a private in Company C, Twenty-second Kentucky Volunteer.s, who died before the expiration of his term of service, at Vicksburg, Miss., of disease contra.cted in the line of duty, which is confirmed by the report of the Adjutant-General. The application was rejected by the Pension Office on the ground of her inability to prove her depend.ence. 'l'he evidence shows that Lott Pierpont, the claimant's second husband, was. old and physically disqualified for supporting"his family; that this soldier son was not married; that before his enlistment he labored for the support of his mother, and divided his pay with her while in the service. Two comrades tes- tify to their intimacy with the soldier; to their knowledge of his sending his earnings to his mother; tothefactof his death; to their assistance at his burial; to their sending his effects to his mother after his death. This testimony is re- peated by different witnesses, and in the opinion of the committee establishes the fact of tke mother's dependence. . In her petition to Congress she says she is a widow, seventy-five years old, 

very poor and in feeble health; that three of her sons were in the service; that two of them died from sickness contra.cted in the line of duty; that the third, 

with whom she is now living, is disabled; that it is a financial and physical im- possibility for her to comply with the demands of the Pension Commissioner. Your committee report a bill for her relief, with a recommendation that it do 

pass. 

There was no objection, and the bill was laid aside to be reported to 

the House with the recommendation that it do pass. 

. 
1380 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 4, 

JAMES S. FURNISS. 

The next business on the Private Calendar was the bill (S. 2454) 

granting a pension to James S. Furniss. 

The bill was read, as follows: 

Be it enacted &c., That the Secretary of the Interior he, and he is hereby, au- thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of James S. Furniss, late a private in Company E, Seventy-fourth New York Volunteers, who enlisted May 5, 1862, and was discharged May ?O, 1865. 

Mr. CUTCHEON. I ask for the reading of the report. 

The report (by :Mr. WINANS) was read, as follows: 

The Committee on Invalid Pensions, to whom was referred Senate bill 2454, 

report that they have examined the same, and adopt Senate report, as follows: 

[Senate Report No. 1117, Forty-ninth Congress, first session.] 

The claimant enlisted in the Seventy-fourth Regiment New York Volunteers 

July 25, 1861; was honorably discharged April 10, 1862; re-enlisted September 5 1862, and was honorably discharged in May, 1865. His application is for dis- abilities that include chronic diarrhea, disease of kidneys, and from typhoid 

fever, hemorrhage of right lung; and his rejection is on the ground of his fail- ure to prove "origin." The claimant makes a connected statement covering the time from his enter- ing the service until his discharge, giving the dates of his admission to hospital and his transfer from one to another. The Surgeon-General's report corrobor- ates his statement., and names typhoid fever as one of the diseases for which he was treated. The report of the Adjutant-General verifies his service and his sick-furloughs, but adds, "Nature of sickness not stated; regimental hospital records not on file;" and the report of the Surgeon-General closes with the remark that "the records of the general and field hospital, Third Army Corps, are not on file bearing on thi.s case." The absence of a connected history of treatment from the record is one of the discouragements encountered by nearly every suitor for a pension. While it should be the reliablesourceofinformation as to the origin of disease, it furnishes little that is satisfactory, so that the soldie.r is thrown upon his own resources for such evidences as is exacted by the Pension Bureau. In this case the files contain the best quality: of evidence as to the soldier's soundness and as to his exemplary character prior to enlistment. Two of his neighbors who knew him before and after his service, who lived near, and were intimate with him-and one of whom is vouched for as entirely reliable-testify as to his broken-down condition immediately after his return; to his kidney disease, chronic diarrhea, and hemorrhages of lung; to his con- tinued suffering and almost total incapacity to perform light labor. Dr. Cram- ton, of Colchester, Vt., testifies that he commenced treating claimant in ISTI; found him in a debilitated condition, suffering with pain and soreness over region of kidneys and liver, torpid condition of liver, and irritation of kidneys; that he is not able to do half the work of an able-bodied man. The medical board before whom the claimant was ordered to appear by the Commissioner of Pensions report affection of the right lung, severe cough, res- piration hurried, diarrhea troublesome. At the date of the examination, April 

5, 1882, they say: "He is now entirely incapacitated for manual labor. '.rhe disease has been of gradual progress and ma.y have originated from typhoid 

fever." 

The question as to "origin" of disease must be settled on this testimony, 

which is partly circumstantial. He can not obtain that of comrades, a.S the Pen- sion Office requires, because, as he says, h.is regiment was composed of different nationalities, who dispersed to various localities. Furthermore, he was a mu- sician, by reason of which, and his frequent illness, he was separated from inti- mate association with members of his regiment. It would seem that, inasmuch as he went into the service in a healthy condition, was for months sick and under treatment in hospital, returned to his home in a broken-down condition, and has traced the progress of his disabilities to a period when he is apparently very near the end of his mortal career, the "origin" of his illness must have connection with his service. · So convinced are the committee of this fact that the accompanying bill is re- ported for his relief, with a recommendation that it do pass. 

There was no objection; and the bill was iaid aside to be reported to 

the Honse with the recommendation that it do pass. 

ORDER OF BUSINESS. 

Mr. O'HARA. I ask, by unanimous-consent, to call up for present. 

consideration a. bill (H. R. 8486) granting a pension to Rebecca Morris. 

Mr. NELSON and others demanded the regular order of business. 

MRS. ADALINE P. LOY. 

The next business on the Private Calendar was the bill (S. 2479) 

granting a pension 'to Mrs. Adaline P. Loy. 

The bill was read, as follows: 

Be it enacted, cfc., That the Secretary of the Interior be, and he is hereby, au- thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Mrs. Adaline P. Loy, widow of Joseph F. Loy, late captain of Company H, Fourth Regiment Wisconsin Vol- unteers. 

Mr. W ALLA.CE. I ask for the reading of the report. 

The report (by Mr. WINANS) was read, as follows: 

The Committee on Invalid Pensions, to whom was referred Senate bill 2479, 

report that they have examined the same, and adopt the Senate report, as fol- •Jows; 

[Senate Report No. 1203, Forty-ninth Congress, first session.] 

The claimant in this case is the widow of Joseph F. Loy,"late captain of Com- pany H Fourth Regiment Wisconsin Volunteers. It was rejected by the Pen- sion office on the ground that the fatal disease of lungs did not originate in the service. 

There have been six special examinations in this case. Five out of the six re- port in favor of allowance. The late Captain Loy was a resident of Green Bay, 

Wis. A number of the best citizens of that city testify to his prior soundness, to his resignation on account of ill health, and to his coming home sick. To estab- lish the claim it is only necessary to prove the incurrence of disease. On this point the testimony of Gen. Harrison C. Hobart is quoted: "He was well and intimately acquainted with Captain Loy before and after service; knew him as a. brother professional and as a. public officer; without hesitation pronounces him as sound, healthy, vigorous at the time he entered the service. ' During the service and at the time of his resignation I was con- nected with his regiment; met him often, and from personal knowledge state that he was then suffering with a bad cold and hard cough received while in 

active service under General Butler, in the Department of the Gulf. My atten-- tion was particularly called to his condition at that time. This was at Baton Rouge, in the summerof1862. I was all ,through the entire campaign with him. After he resigned I remained in service, and subsequently took com.mand of the First Brigade, First Division, Fourteenth Corps, and did not see Oaptain Loy 

again until about a year before his death. He was then a sufferer from what looked to me like consumption.'" 

General EDWARDS. BRAGG, member of the House of Representatives from the second Wisconsin district, testifies that he knew Captain Loy from 1850, and prior to his enlistment he was a strong six-foot Pennsylvanian: . 11 I was in a. position to know his physical condition in 1860, and I state that i~ 

was good. After his return from the Army he claimed to have lost his health in the swamp lands of Louisiana, or, rather, in the northern portion of Lou- isiana. I saw him in the winter of 1865-'66, at which time his appearance was unhealt-hy. I do not remember what he complained of, but he attributed his ill health to the campaign in Louisiana." The committee refer particularly to the testimony of two of Captain Loy's associates in the Army, who knew him intimately. The reputation of all the witnesses, most of whom are personally known to the maker of this report, is of the best, and the evidence is conclusive. It is too voluminous to include in this report, but it is of the same chara~ter as the above. Taken in connection with the invest-igations, five of which support the claim, the committee have no hesitation in reporting the bill favorably, with a recommendation that it pass. 

ELENOR C. RANSO){. 

lli. V .AN EATON. I ask, by unanimous consent, to make a request. 

[Laughter.] Inasmuch as I will be sick if I stay here much longer, 

and as I have never asked to take up a pension bill since I have been 

in Congress, and never did in my life, I now ask to take up House bill 

10795, granting a pension to Elenor C. Ransom. 

Mr. NELSON demanded the regular order of business, but afterward withdrew it. 

The bill was read, as follows: 

Be it enacted, cfc., That the Secretary of t.he Interior be, and he is hereby, authorized and directed to place on the pension-roll the name of Mrs. Elenor C. Ransom, of Los Angeles, Cal.~_who served as a hospital nurse and sanitary 

agent in the Union Army from .l''ebruary, 1863, to the close of the war, and pay her a pension of $12 a month from and after the passage of this act. 

The CHAIRMAN. Is there objection to the consideration of the bill? 

Mr. VAN EATON. None at all. [Laughter and applause.] 

Mr. WALLACE. Is there any report? 

The CHAIRMAN. Is there objection to laying the bill aside, to be 

reported to the Honse with the recommendation that it do pass? 

Mr. VAN EATON. There is none. [Laughter.] 

There was no objection; and the bill was laid aside to be reported to 

the_House with the recommendation that it do pass. 

MRS. MARY A. LOGAN. 

Mr. CONGER. My name appears next on the list, and I ask to take 

up the following bill. 

The CHAIRMAN. The Clerk will report the bill, after which the. Chair will ask for objection. 

Mr. WALLACE. The gentleman demanded the regular order awhile 

ago. The gentleman from Massachusetts asked unanimous consent and 

the gentleman objected. 

1\f.r. CONGER. I did it because I was :first on the list. 

The CHAIRMAN. The Clerk will report the bill. 

Mr. W .A.L.LACE. We will show how much more liberal we are on this side than the gentlemen are on the other side. 

Mr. CONGER. I ask for the reading of the bill. 

The Clerk read as follows: 

A bill (S. 3050) granting a pension to Mrs. Mary A. Logan. 

1\Ir. TAULBEE. I object. 

1\f.r. ANDERSON, of'Kansas. Let the bill be read. 

1\Ir. CONGER. Did not the Chair say the bill would be read, after 

which objections would be received? 

The CHAIRMAN. Objection is fatal to it whenever made. 

Mr. TAULBEE. I have no objection to the bill and report being 

printed in the RECORD, nor would I object to the reading of the bill, 

but it only consumes time unnecessarily. 

The CHAIRMAN. Is there objection? 

Mr. BOUTELLE. I ask a parliamentary question. 

The CHAIRMAN. The gentleman will state it. 

Mr. BOUTELLE. After the Chair has announced the bill will be 

read and subsequently objection will be received, and the reading of 

the bill has been commenced, is it in order to interrupt the proceedings 

until the bill has been read? 

The CHA.IRMAN. Objection at any time will be fatal. If there be 

no objection the reading of the bill will be finished. The Chair is informed, however, that the report is not here. _ !'.Ir. BOUTELLE. I make the point of order that the reading of the 

bill having been commenced it should be completed. 

The CHAIRMAN. The Chair understands the objection is insisted 

upon. 

Mr. WALLACE. Yes, sir. 

Mr. TAULBEE. I demand the regular order. 

Mr. BOUTELLE. I make the point of order that the bill should 

be read before objection can be received, under the statement of the 

Chair. 

The CHAIRMAN. Objection is fatal no matter when made. A call 

for the regular order is equivalent to an objection. 
1887. CONGRESSIONAL RECORD-HOUSE. 1381 ----------------------------~------------~------.---------------------------------------------------

Ur. CONGER. The Chair said the bill would be read, after which 

objection would be asked for. • 

The CHAIRMAN. The Chair thinks the objection can be interposed at any time, such being the practice in the Honse. 

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

The CHAIRMAN. The gentleman will state it. 

Mr. CUTCHEON. I make the point of order that it is not in order 

for the Chair to hear or entertain an objection pending the reading of 

the bill, because it was ordered by the Chairman that the bill should 

be read, after which objection would be called for. Now, pending the 

reading of the bill, I claim it is not in order to interrupt the Clerk and 

interpose an objection, but that the reading must be completed, and 

then, in accordance with the statement of the Chair, objection will be 

called for. 

Mr. TAULBEE. On that point of order I desire to say that, if I 

caught the reading correctly, the bill was read by its title, or rather its 

title was read, on which !objected, and which objection is insisted upon. 

The CHAIRMAN. The Chair recognizes the right of the gentleDll!on 

fro:p1 Kentucky to interpose his objection, and demand the regular order. 

The Chair will again state that such is the practice of the Honse. 

Mr. TAULBEE. I have no objection to the bi.IJ. and report being 

printed in the RECORD, if gentlemen desire that. 

Mr. ROWELL. I ask unanimous consent that the bill and the re- port be printed in the RECORD. 

The CHAIRMAN. Is there objection to that? 

Mr. TAULBEE. None whatever. 

Mr. O'HARA. Both reports. 

The CHAIRMAN. Without objection the report of the committee 

and the views ofthe minority will also be printed in the RECORD. 

There was no objection, and it was so ordered. 

Mr. CONGER. There have been some affidavits sent to me from 

the physicians who treated General LOGAN in his last illness, and I ask 

unanimous consent that they also be printed in the RECORD. They 

would have been attached to and made a part of the report in the case, 

but did not arrive in time. 

The CHAIRMAN. Is there any objection to the request of the 

gentleman from Iowa? 

Mr; WALLACE. I object. 

Mr: CONGER. They would have been printed with the report bad 

they been received in time. 

The CHAIRMAN. 'rhe Chair understands the gentleman from Iowa 

to say that they would have formed part of the report if they had 

been received in time, and again asks if there is objection to printing 

them in the RECORD with the bill and report of the committee. 

Mr. WALLACE. I have no objection to the printing of the report, 

but to the printing of any further testimony I do object. 

Mr. BURROWS. Mr. Chairman, I wish to ask unanimous consent 

that we may have the poor privilege, at least, of having the bill giving a pension to Mrs. Logan read. 

Mr. TAULBEE. I object. . The CHAIRMAN. The bill and report will be printed in the RECORD. 

The bill is as follows: 

Be it enacted, Jtc., That the Secretary of the Interior be, and he is hereby, au- thorized and directed to place on the pension-roll, subject to the provisions and ]imitations of the pension laws, the name of Mary A. Logan, widow of the late John A. Logan, a major-general of United States volunteers in the late war for the Union, and to pay her a pension from the passage of this act, for and during her natural life, at the rate of 82,000 per annum. • 

The adverse report (by Mr. TAULBEE) is as follows: 

The committee submit herewith lists showing the number and names of ma- jor-generals of the regular and volunteer forces commissioned since March 4, 

1861, as well as those of rear-admirals of the Navy, as follows: 

List of maJor-generals who were killed or who died during the war of the rebellion. 

No. Names. Date of death 

Kll.LED. 

1 Philip Kearney........... Sept. 1, 1862 2 Isaac L. Stevens.......... Sept. 1, 1862 3 Hiram G. Berry ..•...•••. May 3, 1863 -' John H. Reynolds ..•..... July 1, 1863 5 John Sedgwick ......•....• May 9,1864 6 James B . .McPherson ... July 22, 1864 

DIED OF WOUNDS. 

Remarks. 

In battle at Chantilly, Va. Do. 

In battle at Chancellorsville, Va. In battle at Gettysburg, Pa. In battle at Spottsylvania, Va. In battle at Atlanta, Ga. 

1 Jesse L. Reno .........•... Sept.l4, 1862 Received at South Mountain, Md. 2 Joseph K. F.Mansfield Sept.18, 1862 Received at Antietam, Md. 3 Israel B. Richardson... Nov. 3,1862 Do. 4 Amiel W. Whipple ...... May 7,1863 Received atChancellorsville, Va. 5 George C. Strong ........ July 30,1863 Received at Fort Wagner, 8. 0. 

DIED. 

1 Charles F. Smith ......•.• Apr. 25,1862 At Savannah, Tenn. 2 William Nelson ....•.••••• Sept.29,1862 At Louisville, Ky. 3 Ormsby M. Mitchel..... Oct. 30, 1862 At Beaufort, S. C. 4 Ed win V. Sumner ... •.. Mar. 21, 1863 At Syracuse, N.Y. 5 John Buford ............... Dec. 16,1863 At Washington, D.C. 6 David B. Birney ........... Oct. 18,1864 At Philadelphia, Pa. 

List ofmajor-ger~J·als, regular and 'llolunteer, who hatH: died since the close of therebellion. 

No. Names. Date of death Remarks. 

1 Charles Griffin .....•...... Sept.l5, 1867 ~ Frederick Steele ......... Jan. 12,1868 3 Lovell H. Rousseau .... Jan. 7,1869 4 John E. WooL ............ Nov.10, 1869 5 Joseph A. Mower ........ Jan. 6,1870 6 George H. Thomas ...... Mar. 28,1870 7 William H. T. Brooks .. July 19, 1870 8 Ethan A. Hitchcock ... Aug. 5, 1870 9 Henry W. Halleck ...... Jan. 9,1872 

11 Edward R. S. Canby ... Apr. 11,1873 Killed. 10 I George G. Meade ........ Nov. 6, 1872 

12 George L. Hartsuff ...... 1\Iay 16, 1874 13 John G. Foster ............ Sept. 2, 1874 14 Frank P. Blair, jr ........ July 9, 1875 15 Alvan C. Gillein .......... Dec. 2, 1875 16 Gordon Granger ......... Jan .. 10,1876 17 George A. Custer ......... June 25,1876 Killed. 18 Giles A. Smith ............ Nov. 5, 1876 19 John J. Peck ............... Apr. 21,1878 20 George Cadwalader .... Feb. 5,1879 2L John A. Dix ................ Apr. 21,1879 22 Joseph Hooker ............ Oct. 31, 1879 23 George Sykes ............. Feb. 8, 1880 24 Sam'lP.Heintzelman .. 1\:fay 1,1880 25 William H. French ..... May 20, 1881 26 Ambrose E. Burnside .. Sept.l3, 1881 '1:7 James A. Garfield ....... Sept. 19,1881 28 Judson Kilpatrick ...... Dec. 2,1881 

29 Silas Casey .................. Jan. 22, 1882 30 Stephen A. Hurlbut ..... l\Iar. 28, 1882 31 C. C. Washburne ......... 1\Iay 14,1882 32 Gouvern'r K. Warren .. Aug. 8, 1882 33 George W. Morrell ..... Feb. 11,1883 34 Edwin Morgan ............ Feb. 14,1883 35 Napoleon B. Buford .... Mar. 28, 1883 36 Edward 0 . C. Ord ........ July 22,1883 37 James B. Steedman ..... Oct. 18,1883 38 And'w A. Humphreys. Dec. '1:7,1883 39 Godfrey Weitzel.. ....... Mar. 19,1884 40 Gersham Mott ............. Nov. 28,1884 41 Irvin McDowell........... May 4, 1885 42 Ulysses S. Grant ......... July 23,1885 43 George B. McClellan... Oct. 29, 1885 44 David Hunter .............. Feb. 2,1886

1 

45 Winfield S. Hancock ... Feb. 9, 1886 46 John A. Logan ............ Dec. 26, 1886 47 William B. Hazen ....... Jan. 16,1887 

List showing the number and names of major-generals of tl~ regular and wluntetr 

forces of tlte United States commissioned since March 4, 1861. 

No. Names. 

MAJOR-GENERALS U. S. 

ARliY. 

DafA? of com-~ nllSSIOn. . 

1 George B. 'McClellan... May 14, 1861 2 John C. Fremont.. ...... May 14,1861 3 Henry W. Halleck ...... Aug.l9, 1861 4 John E. Wool.. ............ May 16,1862 5 Ulysses S. Grant ...•...... July 4, 1863 6 William T. Sherman ... Aug. 12,1864 7 George G. Meade......... Aug.18, 1864 8 Philip H. Sheridan ...... Nov. 8,1864 9 George H. Thomas...... Dec. 15, 1864 10 Winfield S. Hancock ... July 26, 1866 11 John M. Schofield ........ Mar. 4, 1869 

12 Irvin McDowell ........... Nov. 25,1862 

13 John Pope................... Oct. 26, 1882 

14 Alfreda!. Terry ........•.. Mar. 3, 1886 15 Oliver 0. Howard ..•.... Mar.l9, 1886 

MAJOR-GENERALS U.S. 

VOLUNTEERS. 

Died. 

Do. 

Do. 

Remarks. 

From U. S. volunteers. Died. From U. S. volunt-eers. From U. S. volunteers. Died. From U. S. volunteers. From U. S. volunteers. Died. From U. S. volunteers. 

Served under commission as majorgeneral of volunteers during the war. 

Served under commission as majorgeneral of volunteers during the war. Died. 

Served under commission as m~or• 

general of volunteers during the war. 

Do. 

Do. 

1 John A. Dix ................. May 16,1861 Died. 2 Nathaniel P. Banks. .... May 16,1861 3 Benjamin F. Butler..... May 16, 1861 4 David Hunter .............. Aug.l3,1861 5 Edwin D. Morgan ...... Sept.28, 1861 6 Ethan A. Hitchcock.... Feb. 10, 1862 7 Ulysses S. Grant. ......... Feb. 16, 1862 8 Irvin McDowell........... Mar.14,1862 9 Ambrose E. Burnside.. Mar.l8, 1862 10 William S. Rosecrans.. Mar. 21, 1862 11 Don Carlos Buell......... Mar. 21, 1862 

Do. 

Do. 

Do. 

See, also, U. S. Army, Do. Died. 

12 John Pope ................... Mar.21,1862 See,also, U.S. Army. 13 Samuel R. Curtis......... Mar. 21, 1862 14 Franz Sigel.................. 1\Iar. 21,1862 15 John A. McClernand... Mar. 21, 1862 16 Charles F. Smith ......... 1Iar. 21, 1862 Died. 17 Lewis Wallace ............ Mar. 21,1862 18 Ormsby M. Mitchell ... Apr. 11, 1862 19 Cassius M. Clay ........... Apr. 11,1862 20 George H. Thomas...... Apr. 25, 1862 21 George Cadwalader •... Apr. 25,1862 

22 William T. Sherman.... May 1, 1862 23 Edward 0. C. Ord •...... May 2,1862 24 Edwin V. Sumner ....... May 5,1862 25 Sam. P.Heintzleman ... May 5,1862 26 Erasmus D. Keyes...... May 5, 1862 '1:1 JosephHooker ........... May 5,1862 

Do. 

See, also, U. 8. Army, 

Died. 

See, also, U.S. Army. 

Died. 

Do. 

Do. 

Do. 

. 
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83 

84 

85 

86 

87 

88 

89 

90 

91 

92 

93 

94 

95 

96 

CJ1 

98 

99 

1oo 

101 

102 

103 

104 

105 

106 

107 

lOS • 109 

110 

111 

112 

113 

)

114 

115 

116 

117 

IllS 

119 

120 

121 

122 

123 

124 

125 

126 

127 

Li8t showing the number of major-generals, &:c.-Continued. 

Names. Date of com- mission. 

Silas Casey.................. May 31, 1862 

l<'itz-John Porter ......... July 4,1862 

William B. Franklin ... July 4,1862 

Phmp Kearney ........... July 4,1862 

Darius N. Conch ......... July 4,1862 

Israel B. Richardson ... July 4,1862 

Henry W. Slocum ...... July 4,1862 

John J. Peck ...... ......... July 4,1862 

George W. Morrell ...... July 4,1862 

John Sedgwick .........•. July 4,1862 

Alex. 1\IcD. 1\lcCook ... July 17,1862 

William Nelson .......... July 17,1862 

Thomas L.Crittenden .. July 17,1862 Jos. K. F. Mansfield .... July 18,1862 Isaac I. Stevens ........... July 18,1862 

John G. Foster ............ July 18,1862 Jesse L. Reno ............. July18,1862 John G. Parke ............ July 18,1862 

ChristopherC. Augur .. Aug. 9,1862 

Robert C. Schenck ...... Aug. 30,1862 

Stephen A. Hurlburt... Sept.17,1862 

Schuyler Hamilton ..... Sept.17, 1862 

Gordon Granger ....... ;. Sept.17, 1862 

Charles S. Hamilton ... Sept.19, 1862 

Lovell H. Rousseau.... Oct. 8,1862 James B. McPherson ... Oct. 8,1862 

Benjamin M. Prentiss .. Nov. 29,1862 

George Stoneman ........ Nov. 29,1862 

John F. Reynolds ........ Nov. 29,1862 

George G. Meade ........ Nov. 29,1862 

Oliver 0. Howard ....... Nov. 29,1862 

Daniel E. Sickles......... Nov. 29, 1862 

Robert H. Milroy ........ Nov. 29,1862 

Daniel Butterfield ....... Nov. 29,1862 

Winfield S. Hancock ... Nov.29,1862 

George Sykes .............. Nov. 29,1862 

William H. French ..... Nov. 29,1862 

DavidS. Stanley ......... Nov. 29,1862 

Jame5 S. Negley ......... Nov.29,1862 

John l\1. Schofield ....... Nov. 29,1862 

John M. Palmer ......... Nov.29,1862 

Frederick Steele ......... Nov. 29,1862 

Abner Doubleday ........ Nov. 29,1862 

Napoleon J. F. Dana ... Nov. 29,1862 

Hiram G. Berry ........... Nov.29,1862 

Richard J. Oglesby ..... Nov. 29,1862 

John A. Logan ............ Nov.29,1862 . James G. Blunt.. ......... Nov.29,1862 

George Ha•rtsuff .......... Nov. 29,1862 

No.poleon B. Buford .... Nov.29,1862 

C. C. Washburne ......... Nov. 29,1862 

Francis J. Herron ........ Nov. 2~, 1862 

Frank P. Blair,jr ........ Nov.29, 1862 

Joseph J. Reynolds ..... Nov. 29,1862 

Philip H. Sherido.n ...... Dec. 31,1862 

Julius H. Stahel.. ........ 1\Iar. 14,1863 

Carl Schurz ................. 111ar. 14,1863 

John Newton .............. Mar. 30,1863 

Armiel W. Whipple ..... May 3,1863 

Gouvern'rK. Warren .. 111ay 3,1863 

David B. Birney .......... 1\'.fuy 20,1863 

William T. H . Brooks .. June10,1863 

Alfred Pleasanton ...... June22,1863 

JohnBuford ............... July 1,1863 

A. A. Humphreys ....... July 8, 1863 

Quincy A. Gillmore .... July 10,1863 

George C. Strong ........ July18, 1863 James A. Garfield........ Sept.19, 1863 

William F. Smith.-..... Mar. 9, 1864 James B. Steedman ..... Apr. 20,1864 

EdwardR. S. Canby ... May 7,1864 

Horatio G. Wright ...... May 12,1864 

Andrew J. Smith ........ May 12,1!!64 

Granville M. Dodge ... June 7,1864 

John Gibbon ............... June 7,1864 Peter J. Osterha us..... July 23,1864 

Joseph A. 1\fower ........ Aug.12, 1864 

George Crook ...... ...... Oct. 21, 1864 

Godfrey Weitzel.. ....... Nov.17,1864 

Jacob D. Cox ............... Dec. 7,1864 

William B. Hazen ...... Dec. 13, 1864 

Alfred H. Terry ........... Jan. 15,1865 

Thomas J. Wood ........ Jan. 27,1865 

Wesley l\:lerritt ........... Apr. 1,1865 

Charles Griffin ............ Apr. 2,1865 

George A. Custer......... Apr. 3.1865 

Henry E. Davies ......... Apr. 6,1865 James H. Wilson ..... ~ .• Apr. 20,1865 

Francis C. Barlow....... May 25, 1865 

Gersham Mott............ May 26, 1865 

Benjamin H. Grierson May 27, 1865 

Judson Kilpatrick ...... June18, 1865 

Wager Swayne ............ June 20, 1865 

Mortimer D. Leggett ... Aug. 21, 1865 

WilliamH.Emory ...... Sept.25,1865 

Robert B. Potter......... Sept. 29, 1865 

Nelson A.l\Iiles ......... ~ Oct. 21,1865 

Alvan C. Gillem .......... Nov. 3,1865 

Francis Fessenden ...... Nov. 9,1865 

Giles A. Smith ............ Nov. 24,1865 

Remarks. 

Died. 

Killed. 

Died of wounds, 

Died. Do. Killed. 

Died. 

Died of wounds. 

Killed. 

Died. 

Died of wounds, 

Do. 

Do. 

Do. Killed. 

Killed. 

See, also, U.S. Army. Do. 

Do. Died. Do. 

See, also, U. S. Army, 

Died. . 

Killed. 

Died. 

Do. 

Do. 

Do. 

Died. 

See, also, U. S. Army, 

Died of wounds. 

Died. Do. 

Do. 

Do. 

Do. 

Died of wounds, 

Died. 

Do. 

Killed. 

Died. 

Do. 

Do. See, also, U. S. Army. 

Died. 

Killed. 

Died. 

Do. 

Do. 

Do. 

~~ ~~: ~~lf~n~~!~f~~~~·.:::::::::::::::::::::::::::::::::::::::::::::::::·.::::::::::::::::: ~ 

Total ......................................... - .................................. -....... 142 Less those who were appointed in the regular force from the vol- unteer force, whose names appear twice..................................... 11 

131 

List of officers of the Na'IJY who have been promoted to rear-admirals under the ac& 

of Congress approved Jtf.y 16, 1862, establishing that grade. in the Na·vy. 

Names. Remarks. Names. Remarks. 

David G. Farragut ......... .. Louis M. Goldsborough .. . Samuel F. DuPont ........ . Andrew H. Foote ........... . Charles Stewart.. ............ . William B. Shubrick ..... .. Joseph Smith .................. . George W. Storer ........... . Frances H. Gregory ...... .. Elie A. F. Lavallette ....... . Silas H. Stringham ....... .. Samuel L. Breese .......... . Hiram Paulding ........... .. Charles H. Davis ........... . John A. Dahlgren ......... .. David D. Porter ............. .. Charles Wilkes .............. .. James L. Lardner .......... .. Henry K. Hoff .. ............. .. Joseph Lanman ............. .. Frederick Engle ............ . Cadwallder Ringgold ..... . Thomas Turner ............. . Charles H. Poor ............. . John Rodgers .. ....... ........ . John A. 'Vinslow .......... .. Satnuel P. Lee ................ .. Oliver S. Glisson ............ .. Melancton Smith ........... . Charles S. Boggs ............. . John DeCamp ................. .. Henry Walke ................ .. Thornton A. Jenkins .... .. Levin 1'11. Powell ............ .. Andrew A. Harwood ...... . William Rogers Taylor .. . Benjamin F. Sands ......... . Charles Steedman .......... .. James Alden ...... ............. . Thomas 0. Selfridge ...... .. James F. Schenck .......... .. Alfred Taylor ................. . Joseph F. Green ............ .. Augustus L. Case .......... .. Alexander M. Pennock .. . Jolm L. Worden ............ .. George F. Emmons ........ .. Gustavus H. Scott .......... .. John J. Almy.: ............... .. James H. Strong ............ .. Enoch G. Parrott ............ . William Reynolds ......... .. Fabius Stanly .................. . William E. LeRoy ......... .. J. R. M. Mullaney ........... . Chris. R. T. Rodgers ...... .. Napoleon Collins ............ .. Reed Worden ................. .. Stephen D. Frenchard ... .. Alexander Murray ......... .. Augustus H. Kilty .......... .. Theodore P. Greene ....... . Edward Middleton ........... . Edward Donaldson ......... . 

Dead. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. Living. 

Dead. Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Living. 

Do. 

Do. 

Do. 

Dead. 

Living. 

Do. 

Dead. 

Do. 

Living. 

Dead. 

Living 

Dead. 

Living 

Dead. 

Living 

Do. 

Do. 

Dead .. Living. 

Dead. 

Do. Living. 

Dead. Do. 

Do. Living. Do. 

Do. 

Do. Dead. Do. 

Do. 

Do. 

D 

Living. 

Dead. 

Living. 

Theodomus Bailey ....... .. Henry H. Bell ................ . Henry K. Thacher ....... .. Sylvanus W. Godon ..... .. James S. Palmer .......... .. William Radford ......... .. Stephen C. Rowan ........ . Thomas T. Cravens ...... .. John D. Sloat ................ . William Mervine ......... .. Thomas Crabbe ............ .. John B. Montgomery .... . Cornelius K. Stribling .. .. Joshua R. Sands ............. . Charles H. Bell .............. . George F. Pearsons. ...... . George H. Preble ......... .. John ,V. Livingst-on ...... . David McDougal .......... .. Thomas H. Patterson. .. .. John C. Howell ............. . Daniel Ammen ........... .. .. Roger N. Stembel.. ........ . Edward T. Nichols ........ . Robert H. Wyman ....... .. George B. Balch ........... .. Thomas H. Stevens ....... . Charles Boarman .......... . John M. B. Clitz .......... _, Andrew Bryson ............ .. Donald MeN. Fairfax. .. .. James H. Spoltz ........... .. James W. A.. Nicholson .. George H. Cooper ......... .. John C. Beaumont ....... .. John C. Marston .......... .. Hugh Y. Purviance ...... .. John C. Febriger.~ ........ . Pierce Crosby ................ . Johnson B. Creighton. .. . Aaron K. Hughes .......... . Edmund R. Calhoun ..... . Charles H. Baldwin ....... . Robert W. Shufeldt ...... .. Alexander C. Rhind. ..... . Thomas Pattison .......... .. Edward Simpson .......... .. William G. Temple ....... . Samuel P. Carter .......... .. Thomas S. Phelps .......... . Clark H. Wells ............. .. Stephen B. Quackenbush 

Ed ward Y. 1\lcCauley ... .. Earl English ................. . John H. Upshur ............ . Francis A. Roe ............. .. S muel R. Franklin ..... . John C. P. de Kram .: ... . Stephen B. Luce ........... . John Lee Davis ........... .. James E. Jouett ............ .. John H. Russell ............ . Walter W. Queen .......... . Ralph Chandler ............ .. 

Dead. 

Do. 

Do. 

Do. 

Do. 

Living. 

Do. 

Do. 

Dead. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Dead. Do. 

Do. Living. Do. 

Do. 

Do. Dead. Do. Living. Do. Dead. 

Living. Do. 

Do. Dead. 

Living. Do. Dead. Do. 

Do. Living. Do. Dead. 

Living. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. Dead. 

Living. Do. 

Do. 

Do. 

Do. 

Do.-

REOAPITULATIO:S. 

rf~~g:::·:::.~.·.::·:::.: .: ::.·:.::::::::::::::::::· ::·.::::::::::::::::::~:::::::::::~:~:::::::~::::::::::::::.:·:: 

Total ................................................................................................. .. 

68 

60 

128 

Should Congress pass this bill, and by future legislation maintain that fair- ness and consistency which should characterize all legislation, the widows of 

each major-general and r ear-admiral whose names appear above, and who 

leave surviving widows, will be given a pension of $2,000 a year. Of this rank of officers appointed since March 4, 1861, there are : Major-generals, 

regular Army, 15: volunteer forces, 127 (less 11, explained above); rear-admirals of the Navy, 128; making a total of 259. 

The committee, in the absence of data, believe that it is a fair estimate to pre- sume that fully two-thirds of them have left or may leave widows at their de11-th, 

which, if correctly estimated, would increase our pension-roll S34.5,000annua~y1 when perhaps in: the majority of cases, as in this case, no relief from financia.J. 

embarrassment or poverty is afforded, when it is well known that thousands of poor and aged widows of brave and worthy soldiers all over this broad land are d enied the pittance of $1.2 per month because of their inability to connect the 

death of their husband with their military service, when in this case no sort of 

claim is advanced that the death of General LOGAN is attributable to hi.~ military service. Prior to July 25,1866, the rate of pension of the widow of an officer of the Army 

above the rank of first lieutenant, on account of service rendered prior to March 

4, 1861, was one-half of the officer's pay proper; but in no case could the pension 

exceed the half-pay of a lieutenant-colonel. The rate of pension to widows of 

naval officers prior to July 25, 1866, was equal to one-half of the officer's pay while 

perfO'rming shore duty. 

As no pensions were allowed to widows of Army officers prior to March 4, 

1861, unless the death cause originated during a period of war, and the country 

prior thereto had lost but a. few high-grade officers because of casualties of war, there were but few high-grade pensioners on the rolls at the breaking out of the 

late rebellion. 

Title to pension in cases of widows of naval officers was not thus restricted, 

and consequently a number of such widows were on the rolls at $50 per month 

in 1861, where deceased husband held no higher rank than that of captain in the 

Navy, a rank relative to that of colonel in the Army. Half-pay pensions in this 

class of cases were continued until July 25, 1866, when, under the act of that 

date, all ante-rebellion pensions were placed on equal footing with those pl'O• 

vided for by act of July 14,1862, fixing the rates of pensions in all cases arising 

. 
. • 

1887 .. CONGRESSIONAL RECORD-HOUSE. 1383 

out of service subsequent to March(, 1861. That act fixed as the Wghest rate of 

pension in rank $30 per month, including lieutenant-colonel, colonel, brigadiergenerals, and higher officers in the Army, and captains, commanders, commo· dores, rear-admirals, &c., in the Navy. 

The rates of pensions in rank thus fixed by the act of .July14.,1862,and the act of .July25,1866,have not been changed by general legislation, with the excep- tion of the rates of pensions to officers, non-commissioned and petty officers of 

the Navy, or their widows or minor children, on a .ccount of service prior to March 4., 1861, which had actually been allowed prior to .July 25,1866, which, 

under the provisions of the act of .June 9,1880, were rest~>red to the one-half pay basis. This action was undoubtedly based upon the well-known fact that Navy pen- sions are paid out of a separate fund, called the Naval pension fund, created by 

the act of March 2,1799. 

This committee has in a number of cases recommended the increase of the 

pension of widows of general officers from $30 to $50 per month, and in a few cases bas recommended the passage of bills giving an original pension of $50 to the widows of general officers. In all these cases, however, it was alleged that 

the widow stood in actual need of the increase in order to insure her a comfortable living. Three special ads have been passed giving the sum named in this bill to wid- ows of general officers ; they are the cases of the widows of General Hancock 

and General Thomas and Admiral Farragut. These officers died while in the 

service, and had given their whole lives to the service, hence they are not pre- cedents for the passage of this bill. 

Following is a list of such high-grade pensions : 

List of widows, &c., who were placed upon the pension-rolls by special cuts of Con- gress since March 4, 1861, at $50 per month and upward. 

A.R.llY LIST. 

Name. Rank of deceased officer. ·I Amo":nt of pens1on. 

Widow of .J.P. Plummer ............ Brigadier-general.. ..................... . Widow of Isaac F. Stevens ................... do ........................................ . Widow of Hiram G. Berry........... Major-general. ............................ . Widow of Edwin D. Baker ..... - ........... do ............................... ........ .. Widow of Pleasant A. Cackleman Brigadier-general ....................... . Widow of Israel B. Richardson... Major-general.. ...... , .................... . Widow of W. H. L. Wallace........ Brigadier-general.. .................... .. Widow of A. ,V. Whipple............ Major-general ............................. . Widow o! Edwin V. Sumner ................ do .......................................... . Widow of Daniel B. Bidwell....... Brigadier-general ....................... . Widow of William W. Morris...... Major-general.. ........................... . Widow of Charles G. Loven........ Brigadier-general ...................... .. Widow of Robert Anderson .................. do ....................................... .. Widow of Alex. B. Dyer-..................... do ......................................... . Mother of .James B. McPherson ... Major-general.. ........................... . Widow of E. R. Canby ........................... do ........................................ . Widow of Lorenzo Thomas......... Brigadier-general. ...................... . Widow of James Shields-..................... do ................. ,, .................... . Widow of S. P. Heint-zelman........ Major-general.. ........................... . Widow of C. A. Finley................. Surgeon-general ......................... . Widow of Robert B. Mitehell. ...... Brigadier-general.. ..................... . Widow of Silas Casey ............................. do ........................................ . Widow of Wm. S. Bliss (daugh- Lieutenant-coloneL.. .................. .. ter of Zachary Taylor). Widow of L. H. Rosseau_. ....... ..... Brigadier-general ....................... . Widow of George A. Custer......... Major-general ............................ .. Widow of William H. French ............... do ........................................ . Widow of George D. Ramsay...... Brigadier-general.. ..................... . Widow of G. K. 'Varren ............... ?tlajor-general ............................ .. Widow of Frank P. Blair ............ ......... do ........................................ . Widow of Judson Kilpatrick ...... ....•.... do ....................................... .. Widow of ?t1ichael K. Lawley...... Brigadier-general.. .................... .. Widow of James B. SteedJrutn ..... Major-general.. ........................... . Widow of-- Mower ......................... do ........................................ . Widow of .Joseph K. Barnes........ Surgeon-general ......................... . Widow of E. 0. C. Ord................. l'llajor-general. ............................ . Widow of Charles H. Crane......... Surgeon-general ......................... . Widow of .John G. Foster ............ Major-general.. ........................... . Widow of Amos B. Eaton ............ Commissary-general subsistence. 

Widow of Isaac P. Rodman ....•.... Brigadier-general ....................... . Widow of .James W. Ripley .................. do ........................................ . Widow of George H. Thomas....... Major-general.. ........................... . Widow of Winfield Scott Hancock ...... do ............................................ . WidowofThomasT.Thornburgh Major ..... - ................................. . Widow of Benjamin Alford ......... Paymaster-general .................... . Widow of Henry W. Benham...... Brigadier-general ....................... . W~dow of Marcell~s M. Crocker ....... do ......... ~.,; .... : ....................... . W1dow of --?tfiller ...................... do ............ ; ~ . .-,; ...................... . Widow of Ward B. Burnett ............... do .................. :: ....................... . Widow of --1\Ic.K.ean ................................................................. . Widow of Da>id B. Birney.......... Major-general ............................ . Widow of Godfrey Weitzel ............... do ........................................... . Widow of .James A. Hardee......... Inspector-general.. ................ .... .. Widow of Gabriel R. Paul........... Brigadier-general ...................... . Widow of George J. Stannard..... Brevet-major general ................ .. Widow of James A. Mulligan...... Colonel ...................................... . 

NAVY LIST. 

Widow of David D. Farragut...... Admiral ...... ................................ . Wido\V of William M. Wood ....... Surgeon-general.. ....................... . 'Vi dow of William Reynolds...... Rear-admiral ............................. . Widow of Henry K. Hoff ........•............. do ...... .................................. . Widow of James L. Lardner ................ do ........................................ . Widow of .John Rogers ........................ do ....................................... .. Widow of James H. Spotts ................... do ....................................... . Widow of John Gallagher ........... Captain ....................................... . Widow of William Dulaney ......... Colonel Marine Corps ................ . Widow of Levi Twiggs......... .... . l\Iajor Marine Corps ................... . Widow of Da,-id S. McDougal..... Rear-admiral ............................. . Widow of John C. Beaumont ................ do ........ ................................ . Widow of Edward Middleton ............... do ........................................ . Widow of Cornelius K.Shilling ............ do ........................................ . Wido'v of Benjamin F. Sands ............... do ....................................... . 

$50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 •2,000 

*2,000 50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

*$2,000 50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

50 

List of widaW8, &c., who were p'ta.ced upon the pension·roUs, &.."C.-continued. 

NAVY LIST. 

Name. Rank of deceased officer. Amount of 

pension. 

Widow of .Jacob Zeilin... ......... ...... Brigadier-general Marine Corps. $50 

Widow of William N • .Jeffers...... Commodore................................. 50 Widow of .Joseph Lauman........... ..................................................... 50 Widow of Kiddey R. Breese........ Captain ............................... ~....... 50 Widow of Simon B. Bissell.......... . ........... ...... ...... ......... ..................... 50 Widow of Dana Greene............... Commari'der................................. 50 Widow of .J. Blakeley Creighton. Rear-admiral................ ......... ...... 50 Widow of Andrew A. Hanwood ............ do ................................... ···~ 50 Widow of Alexander Murray ...... ......... do......................................... 50 

Widow of Thos. S. C. Fillebraun ......... do ....................................... _. 50 

Widow ofT. A. M. _Craven .................... do......................................... 50 

Widow of Alexander A. Semmes I Commodore.................................. 50 Widow of H. C. Blake ........................... do ....................................... ,. 50 

CIVIL LIST. 

Widow of Abraham Ltncoln ............................................................. . Widow of .James K. Polk ................................................................. . Widow of .John Tyler ...................................................................... . Widow of James A. Garfield. ................................................. - ........ .. Widow of U. S. Grant ...................................................................... .. Widow of A. B. Meacham, Mo- ..................................................... . doc peace commissioner. 

*Per annum. tPermonth. 

•$5,000 

*5 000 •5' 000 

•5:000 

*5,000 

too 

There is no alleged need upon the part of Mrs. Logan; upon the contrary, it is a well known fact that she is in possession of a.n ample estate, and while the 

committee entertain the Wghest regard for 1\Irs. Logan, both on account of her 

high character and personal worth, as well as the brave and gallant record of 

General LoGAN as a soldier, and his useful and spotless record as civilian and 

statesman, they believe that the passage of this and all similar bills would be in 

the direction of building up in this country an aristocracy, contrary to the very principles of an equal government for all, for which General LoGAN so gallantly 

fought in war and so ably contended in time of peace. This proposition, in our opinion, originated in an emotion arising in a. great measure from the sudden and unexpected death of her husband, and is not the 

deliberate judgment of the people whose servants we are. The bill as it passed the Senate would continue the pension in case of remar• riage, a proposition which is contrary to our whole system of pension laws. 

The committee recommend that the bill be postponed indefinitely, 

Mr. CONGER presented the following a-s the views of the minority: 

The minority of the Committee on Invalid Pensions, disagreeing with there- port of the committee, submit the following: .JoHN A. LoGAN was one of the most distinguished, if not the most distinguished, volunteer general of our late war. Hia illustrious services are familiar to every citizen of the Republic, and each and all unhesitatingly join in this ex- a.lted estimate. - No man gave his country greater measure of service in her hour of supreme peril, and few gave as great. The universal wail of grief that swept the land 

from boundary to boundary upon the intelligence of his unexpected death but proves how great he was, and how irreparable the loss. 

It is true he did not, like Generals Thomas and Hancock, die while yet in 

military service, but his wounds 1-eceived and disabilities incurred in time of war, and his continued sufferings therefrom during all the years since, even to the last days of his fatal illness, are facts of such common acceptance as to make 

it reasonably certain that his death was the direct result of his military service; 

thus establishing the right of his widow to the same generous consideration as 

that already accorded to the widows of Admiral Farragut and Generals Thomas 

and Hancock. 

This committee, by a unanimous report made on 1\Iarch 12, 1886, in recom- mending a pension of $2,000 per annum to the widow of Generod Hancock, gave emphatic expression to their honest convictions upon these matters, and to what this minority believe to be the real views and wishes of Congress and the 

country. 

We can see no good reasons for a change of conviction or of practice at this 

time. 

This report is so full, so fair, so conclusive, and so pertinent in every particu• 

lar to the case under consideration that we copy it herewith. 

"The Committee on Invalid Pensions, to whom was referred the bill (H. R. 5341) granting a pension to Almira Russell Hancock. having had the same under 

careful consideration. respectfully submit the following report: •' General Hancock was an illustrious actor in the critical hours and dark days 

which overshadowed the history of his country. It will never be disputed that 

he met all the demands of these great and memorable occasions with a patriotic 

self-consecration and with a matchless soldiership that was fruitful of good for- tune to his country. Recorded results of General Hancock's part in preserving 

the Union adorn our military annals. Gazetted for skill and gallantry on the 

earlier battlefields upon which he figured, his record at Gettysburg and in the 

desperate struggles of the Wilderness is an imperishabl~ and priceless remem- brance. Believing in the institutions of his country, lie defended them with 

ardent zeal and at the cost of his blood. On great battlefields, where valor met valor, and.where the decisive results of war occurred, Hancock was often an eminent figure. There should be no scant gratitude to a soldier who lives in 

the annals of war for the Union among its most splendid characters. " His death was a. source of universal public grief, as his life had been a public blessing-. It was followed by quick testimonials in his honor throughout the 

land. Every form of popular and official demonstration attested appreciation 

of an heroic defender of the Republic. Enemies whom he overcame in battle are his eulogists in company wilh the men he led against them. ·• He has passed jnto history without challenge of Ws honor and his success, where honor and success can be successfully challen!o{ed if there be flaw in 

either. Soldiers are judges and critics of soldiers. Before the tribunal of soldiers, Hancock's career is ah-eady of final record. Of military success he left 

abundant memorials. Of his magnanimity Americans he defeated in war are cheerful witnesses. 

"His services were all that could be demanded of patriotic endeavor and devotion. As a type of American patriotism General Hancock will live in the history of his country and in the hearts of his countrymen regardless of sectional 

or,p:;!~~f~!:~~; tender and true' in peace, his sympathies and active benevolence were to the last days of his life freely and almost lavishly expended in be- half of his sick and suffering comrades, their widows and their orphans. No 

. 
• 

1384 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 4, 

appeal from them ever fell upon his unlistening ear. The very last effort of his life was the dictation of a letter, which he had not strength to sign, making a. strong appeal in behalf of the widow of a deceased officer." 

Sopplementary to this report are papers which are official statements of General Hancock's services to his country; services which his countrymen recog- nize as the sufficient and eloquent plea for what General Hancock would have 

wished Congress t-o do for his widow. 

The nature of the service in which General Hancock was engaged, the con- stant drain upon his pecuniary resources, made necessary by the position he 

occupied, and the forther tax upon his means by his full-handed generosity to unfortunate comrades, has left; his widow in straitened circumstances and to some extent dependent on private liberality. This a grateful country should not permit. This committee can not do better than to quote from the report ol 

the Senate Committee on Pensions of the Forty-eighth Congress, which report was ably drawn by 1\Ir. CULLOM on the bill granting a.n increase of pension to the widow of General George H. Thomas. This report concludes as follows: 

".Although a. pension of this amount has only been granted by Congress in one instance, in the case of the widow of Admiral Farragut, excepting the 

larger pensions to widows of deceased Presidents, the committee believe that the 

widow of George H. Thomas should receive the greatest possible consideration at the bands of Congress, and that the unusual and exceptional allowance pro- posed in her case is a fitting and very appropriate recognition of the nation's 

mdebtedness to her most distinguished husband." · Your committee agree fully with the foregoing sentiments, and, considering 

this one of the exceptional cases in which it becomes their duty to recommend a departure from ordinary precedent and policy, they heartily and unanimously· recommend the passage of the bill. We confess our inability to understand this readiness on the part of the majority of the committee to recognize and reward great merit and eminent service in one faithful officer, and its refusal oflike recognition and reward in another 

of equal merit and equal public service. · Each and every reason adduced for favorable action in the foregoing unani- mous report may, with great propriety, be and is hereby reproduced by this mJ~ority for similar action in this. In fact, it may be urged with greater force. 

And we detract nothing from the name or fame of General Hancock when we say that his eminent career was the faithful fulfillment of obligations resulting 

from his milit.ary education and life employment furnished by the Government, 

while the transcendent achievement~ of General Logan were the voluntary con- tributions of his splendid military genius, inspired by convictions of duty and 

patriotic impulses seldomed equaled and never excelled. 

The following is a. very brief memorandum of the military history and serv- ices of General LoGAN, which is of itself a sufficient warrant for prompt and generous appropriation by Congress for his surviving widow : The memorandum is as follows: 

SERVICE OF JOHN A. LOGAN. 

Second lieutenant, Company H, First Illinois Volunteers, :Mexican war. Mustered June 8, 1847. 

Acting adjutant and regimental quart~rmaster, on duty at Santa F6, N.Mex. Must~red out October 10, 1848. 

REBELLION OF 1861-'65. 

Served as a private in Second Michigan Volunteers at the battle of Bull Run, 

\Tirginia, July 21, 1861. . 

Colonel of Thirty-first lllinois Volunteers, August 16, 1861. 

First brigade, first division, Army of Tennessee, October 14,1861. 

Belmont, Mo., November 7. Capture of Fort Henry, Tennessee, February 6, 1862. Fort Donelson, February 13-15; wounded twice (shoulder and sicle). 

Brigadier-general U.nited States Volunteers, March 5; in command of first 

brigade, first division, reserve, Army of Tennessee, April, 1862. 

Siege of Corinth, Miss., April SO, May 30. In command of post at Jackson, Tenn., June to November, 1862, and Yocona. expedition, December 5-22, 1862. In command of third division, right wing, Army of Tennessee, November 1, 

1862. 

Major-general United States Volunteers, November 29, in command of the 

third division, Seventeenth Army Corps, January 11, 1863. . Operations on Lake Providence Canal, March-April, 1863. 

Passage of the Mississippi River, May 1, 1863. Port Gibson, May I. - Operations on Bayou Pierre, May 3. Ingram Heights, May 3. · Raymond, May 12. 

Jackson, May 14. Champion Hills, May 16. 

Siege of Vicksburg, May 19 to July 4. 

Assault on Vicksburg; struck by spent ball, slight wonnd In neck ; May 19-:22. Fort Hill, June 25. 1t1ilitary governor of Vicksburg, July to November, 1863. 

Commanding Fif'lieenth Army Corps, December 11, 1863; September 23, 1864; 

January 25 to May 19,1865. 

Rocky-Faced Ridge, Georgia, May 5-9, 1864. 

Snake Creek Gap, May 8. 

Sugar Valley, May 10. 

Camp Creek Hills, May 13 and 14. 

Battle of Resaca, 1\Ia.y 13-16. 

Battle around Dallas, May 28 to June 4. Wounded, May 28; arm, between elbow and shoulder. 

Big Kenesaw Mountain, June 15. 

Little Kenesaw l\1oUJltain, June 27-30. Wounded, June 30. Nicka Jack Creek and capture Marietta, July 4. Before Atlanta, July 21 and 22 (Hood's first sortie). 

Commanding Army and Department of'fennessee, July 22. Ezra Chapel, July 28 (Hood's second sortie). 

Siege of Atlanta, Ga., July 28 to September 2. 

Utoy Creek, August 5 and 6. Jonesborough, August 31 to September 1. 

Fall of Atlanta, September 2. Campaign of the Carolinas, January to May, 1865. 

Comba.hee River, South Carolina, January 25. 

Passage of Salkehatchie, February 3-9. 

Congaree, February 15. 

Columbia, February 16 and 17. 

Lynch's and Bla.ck Creeks; Great Pee Dee River, March 5and 6. Battle of Bentonville, N. C., 1'1Ia.rch 19-21. 

Passage of Neuse River, AprillO. Surrender of Johnston, April 26. In command of Army of Tennessee, May 19. 

Grand review, W ashington,l;). C., May 24. 

Resigned and honorably mustered out, August 17, 1865. 

First suffered from rheumatism af'lier exposure during the siege of Fort Don- elson, and has periodically suffered from it ever since. 

We do not believe that the people of this Government are averse to generous recognition of great public service. On the contrary, their liberal donations for 

the erection of splendid monuments to their illustrious dead and their gener• ous contributions to the surviving families are incontestable proofs of their 

wishes in the direction of this legislation. We believe the surviving soldiers, from private to general, will say amen to this a.ct, knowing that this pittance granted from an overflowing Treasury to the widow of their loved comrade and grand commander in no way interferes 

with or imperils their rights, but rather emphasizes the willing determination 

of the Government to be just and generous to all its defenders. We therefore can not concur in the adverse report of the majority, but, con- sistent with all former recommendations of this committee, true to our convictions of duty, and responsive to what we believe to be the universal demand of 

the people, we earnestly recommend the passage of the bill. 

E. N. MORRILL. 

M. A. HAYNES. 

ORDER OF BUSINE3~. 

J. E. O'HARA. 

JNO. G. SAWYER. E. H. CONGER. 

JAS. A. LOUTTIT. 

Mr. HALL. Mr. Chairman, I desire to ask unanimous consent to 

take up and consider the bill (H. R. 10473); and I wish to state that I am in precisely the same condition as the gentleman from Mississippi. 

:Mr. MORRILL. I object, and demand the regular order. 

JOHN G. WARREN. 

The next business on the Private Calendar was the bill (S. 2391) 

granting a pension to John G. Warren. 

The bill was rea~, as follows: 

Be it enacted ~c., That the Secretary of the Interior be, and he is hereby, au- thorized 'l.nd directed to place on the pension-roll, subject tG the provisions and 

limit<ltions of the pension laws, the name of John G. Warren, late a private in 

the Eighth Regiment Wisconsin Light Artillery. 

The report {by Mr. WINANS) is as follows: 

The Committee on Invalid Pensions, to whom was referred Senate bill2391, 

report that they have examined the same, and adopt the Senate report, aa follows: 

[Senate Report No. 12o6, Forty-ninth Congress, first session.] 

The claimant was a private in Eighth Independent Battery, Wisconsin Light 

Artillery. His service commenced November 8,1861, and ended August 10,186.5, 

and he applied for a pension for disabilities incurred in the service. 

There is proof of his soundness when he enlisted. The record report shows 

that in 1862, from July to October-four months-he was sick in hospital; that 

in November he was discharged for total disability from chronic dysentery, and 

that he entered the service again. His comrades give testimony that corre- sponds with the record. 

Junia Hix, of Oshkosh, Wis., testifies t-o his acquaintance with claimant since 

1866; that he leased his farm to him, which he was unable to work; that his 

health was poor from disease contracted in the service; that he has met claimant 

each and every year since their a.cquaintance commenced, and knows he is un- able to pursue his daily labors from weakness caused by constant diarrhea and 

debility; that he knows him to be an honest, upright man. This testimony was given the 9th of January 1885. 

Dr.Smith,ofOshkosh, Wis., testi1les thathe has doctoredclaima.ntatintervals 

during the past three years; that he is unfit for hard labor; that his affections are chronic and have affected his general health. From the condition he found 

him in he believes the origin of his troubles dates years back; that he has con- fidence in his statements. I. H. Worley swears that he n.nd claimant were brother soldiers. He identifies 

the t.imes the claimant was ill while in service; testifies to his knowl~dge of 

him in the service and ever since, and knows that said Warren is and has been, 

from the time of his discharge to the present, afilicted with chronic diarrhea, 

and is now, to all appearance, a sick and enfeebled man. This affidavit is dated 

August 5, 1884. . A. Morley, a citizen of Oshkosh for thirty years, testifies that he is a near neighbor of claimant's; has known him since 1865, meeting him each and every year since that time; that he has been sick ever since he came out of 

the Army· that the trouble of which he complains is diarrhea and general 

disorder o/ the bowels; that to the knowledge of affiant he contracted his dis- ease while in the Army; that claimant is an upright, truthful man. This affidavit is dated January 3,1885. Dr. A. B. Wright, of Oshkosh, testifies that he treated claimant ten years ago for chronic diarrhea and liver complaint; that he can not give a connected con- secnti ve account of his treatment because his books and papers were destroyed 

by fire; that he knows claimant was a. soldier, and that he is an honest, reliable man. Sworn to January 15, 1885. 

A. F. St. Sevre Lindsfeld, late surgeon Fifteenth Regiment Wisconsin Volunteers, testifies to his treatlil1m.t of claimant- in August,1862, for cramp and 

diarrhea contracted in marshes in extreme hot weather. 

There is other testimony from like sources and to the same effect as that trans- ferred to this report. In the opinion of the committee the evidence conforms to the requirements of the Commissioner of Pensions, and furnishes a very satisfactory basis for a favorable decision. It may be added that most of the wit- nesses who have testified in this case are personally known to the maker of this 

report to be entitled to the fullest credit. The bill is reported favorably with a recommendation that it pass . 

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

BETSY A. 1\IOWER. 

The next business on the Private Calendar was tbe bill (H. R. 8311) 

for the relief of Betsv A. Mower. 

Mr. MORRILL. w At an earlier hour in the session of this evening 

that bill was taken up, and an order of the committee made to report 

it to the House with the recommendation that it do lie on the table. 

The CHAIRMAN. Such was the order of the committee, and the 

bill will be so reported to the House. 

JOHN MORAN. 

The next business on the Private Calendar was the bill (H. R. 8469}' 

granting a pension to John :Moran. 
-

1887. CONGRESSIONAL RECORD-HOUSE. 1385 

The bill is as follows: 

lie it enacted, d!c., That the Secretary of the Interior be·, and he is hereby, au- thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of John Moran, late of Company H ot the One hundred and second New York Volunteers. _ 

The report (by Mr. PIND.AR) is as follows: 

The Committee on Invalid Pensions, to whom was referred the bill (H. R. 8469) granting a pension to John Moran, submit the following report: '£be claimant, late of Company H, One hundred and second Regiment New York Volunteers, ~n his declaration for pension, rejected by the PensiDn Office, claims disability from a gunshot wound of the left leg, received in the early part of April, 1!!62, by the accidental discharge of a. musket while on camp guard, and heart disease contracted at Kalorama. Heights, District of Columbia, from exposures at various times in March and April, 1862. The soldier having been in the service for over six monilia at the time of the incurrence of his disabili- tiesl no proof of prior soundness by rulings of the Pension Office was necessary in tne prosecution of his claim. · The records show the soldier sick in Carver Hospital during the months of April, May, and June, 1862, and discharged from service on May 28,1862, on sur- geon's certificate of disability, with varicose veins of both legs. · Samuel McCoy and Laban Raynor, two comrades, testify that the soldier re- ceived a gunshot wound while on guard, in April, 1862, and was taken to the hospital for treatment. Dr. Charles S. Goodrich, surgeon, testifies that the soldier was under his pro- fessional treatment for a gunshot wound of left leg and heart disease for some days prior to being sent to hospital. He is unable to state the circumstances under which the disabilities originated, but remembers distinctly his treatment of soldier, as stat-ed, i.n service, and afterwards sent him to the hospital. The board of examining surgeons report the soldier five-eighths disabled. The testimony of a number witnesses shows clearly that the soldier at enlist- ment was a sound man, and free from the disabilities for which he claimed pension, and that since his discharge he has su1I"ered continuously from varicose 

veins, resulting from the gunshot wound of left. leg, and heart disease,and thereby 

largely incapacitated for work. This claim was submitted for admission by the examiner, rating the disabilities of claimant at one-half since date of his dis- charge from service, but rejected by the reviewer. · Your committee believe this claimant is entitled, from the facts, to the relief asked, aud recommend that the bill do pass. 

The bill was laid aside to J>e reported to the House with the recom- mendatio;n that it do pa-ss. 

:?tiABCEL GAGNON. 

The next business on the Private Calendar was the bill (S. 2363) 

granting a pension to Marcel Gagnon. 

The bill was read, as follows: 

Be it enacted, &:c., Tha\ the Secretary of the Interior be, and he hereby is, au- 'borized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Marcel Gagnon, late of Company 

A, Hatch's batalion Minnesota Cavalry, at the rate of 810 per month, in lieu of the pension be is now receiving. 

The report (by Mr. O'HARA) is as follows: 

The Committee on Invalid Pensions, to whom was referred the bill (S. 2363) 

granting a pension to Marcel Gagnon, have had the same under consideration, and adopt the following Senate report as their report, and recommend the pas- sage of the bill : The claimant was a member of Company A, Hatch's Battalion, Minnesota Cavalry, and claims disability resulting from scurvy incurred atPembin~ Dak., 

in February, 1864. He applied for a pension, proved the incurrence of we dis- ease and resulting disability as alleged, and was allowed a pension of S4 a month. In 1885 he applied for increase, and was rejacted. The proof produced in support of his claim from the record shows that he en- tered post hospital at Fort Abercrombie, Dak., May 24, 1864, with scorbu.tns; also that in March he was sick with the same disease. His prior soundness is proved by good witnesses, whose credibility has been certified by the Pension Office. 

Hugh Campbell testifies that he saw claimant a few days after his return from ·the army; that he wanted him to work on affiant's farm, but found him com- pletely prostrated by reason of scurvy, and unable to make any considerable ex- ertion; that he has been continuously disabled and is getting worse. This wit.ness is entirely reliable, as the Pension Office ascertained. '£he claimant was examined at three different times, twice by the same medi- cal board. In December, 1881, this board pronounced him half disabled. In 

March, 1885, it rated his disability total. In February, 1886, another board rated him at six-eighths. It is apparent to the committee from the evidence that the man is not getting what is due to him, as admitted by the medical authorities appointed to investigate his case. They identify scurvy, and rate him higher than he is pensioned, while disinterested and reliable witnesses give evidence to show that he is disabled in the manner alleged and to an extent that has not been recognized. The bill is reported favorably, with a recommendation t-hat it pass. 

The bill was laid aside to be reported to the Honse with the recommendation that it do pass. 

RICHARD B. RIANS. 

Mr. HENDERSON, of Iowa. Mr. Chairman, I would like to be 

permitted to make a very brief statement. Some gentlemen have been 

heard to-night on account of their age, and I would like to be heard on account of my great youth. I wish to ask unanimous consent in behalf 

of the consideration of a bill which is not for my district, but I have 

been appealed to by the old governor of my State and former Secretary 

of the Interior, Governor Kirkwood, to take up the bill and have it considered. I have been here two nights for that purpose, and am at the 

head of the list for recognition. I therefore ask nnanimous consent to 

take up the bill (S. 2519) granting an increase of pension to Richard 

B. Rians, and put it upon its passage. 

Mr. WALLACE. Let it be read, reserving the right to object. 

'.fhe bill was read, as follows: · 

Be it enacted, &:c., That the Secretary of the Interior be, and he is hereby, au- thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Richard B. Rians, late a member of Company D, Thirty-seventh Regiment of Iowa Volunteer Infantry, at the rate of $50 per tnonth, in lieu of the pension he is now receiving, to commence from ~date of the passage of this act. 

Mr. HENDERSON, of Iowa. The report of the committee recom- mends the striking out of'·' fifty dollars" and inserting "twenty-five 

dollars per month," to which amendment I shall not object. 

Mr. TAULBEE . . Let the report be read subject to objection. 

The report (by Mr. CoNGER) is as follows: 

The Committee on Invalid Pensions, to whom was referred the bill (S. 2519} 

granting an increase of pension to Richard B. Rians, )lave considered the same, and find the facts fully set forth in the report made by the Committee on Pen- sions of the Senate. They therefore adopt the same, and recommend the passage of the bill with the following amendment: In the seventh line strike out the word " fifty "and insert "twenty-five." · The claimant was a private in Company D, Thirty-seventh Regiment of Iowa Volunteers. He enlisted September 1, 1862, and was discharged March 1, 1865. He was disabled by sunstroke and resulting hemicrania, with loss of right eye, which disabilities were admitted by the Pension Office, and for which he has been allowed a pension of Sl2 a month. This result, however, was reached by degrees. He was first pensioned at the rate of S10 per month. · His disability was incurred while guarding a provision train from Memphis to La Grange, 

Tenn., while posted on top of a tin-roofed car,onan intensely hot day . . He per- formed the service, and was thereby incapacitated for further exertion in the Government or any other behalf. In addressing his petition to Congress for more adequate support he says : "I was sixty-three years of age when I enlisted. At the age of sixteen I 

served the United States as a soldier in the war of 1812-'14. My father, William 

Rums, served the country asasoldierin the Revolutionary war, and! had two brother.1 and a brother-in-law who served in the war of 1812. I had four sons, two sons-in-law, and three step-sons who served the Union in the war of the rebellion. I am nearly eighty-eight years of age, almost blind, and nearly helpless. I am ·entirely unable to do anything toward my support and need the constant attention and care of another person." His subsequent application for increase has been disallowed on the ground that there is no increase of disability. From an examination of the certificates of the examining surgeons the com- mittee are convinced that he is entirely disabled. It is probably trne that much of his present helplessness is referable to the infirmities of age, but it is also true that advancing years, with the disabilities that it is admitted were incm·red in the service, render him a proper object for commiseration and relief. Old as he was at his enlistment, he passed a good examination, was accepted, and served 

well. . The committee think that, being old, blind, and otherwise helpless., he is enti- tled to favor. If any a.re of the opinion that sustenance and care should be re- stricted, on economic grounds, to his present supply, it is presumable that in the ordinary course of events he will not long be a Government charge. In view of his helplessness and past record, and the rarity of this class of cases, the committee feel that it is only jnst to favor him. The bill is reported favorably with a recommendation thn.t it do pass. 

The amendment was agreed to. 

The bill as amended was laid aside to be reported to the House with 

the recommendation that it do pass. 

GENERAL SPEED S. FRY. 

Mr. WOLFORD. I ask nnanimous consent to take up and pass the 

bill (H. R. 6732) for the relief of General SpeedS. Fry. 

The bill was read, as follows : 

Be it enacted, &:c., That the Secretary of the Interior be, and he is hereby, au- thorized and directed to place on the pension-roll the name of Speed S. Fry, at the rate of SIOO per month, during his natural life. 

The report (by Mr. TAULBEE) is as follows: 

The Committee on Invalid Pensions, to whom was referred the bill (H. R. 6732) for the relief of General SpeedS. Fry, submit the following report: 

Speed S. Fry served as a captain in the war with Mexico, and so distinguished himself in the battle of Buena Vista as to receive favorable mention in the re- port of General Taylor. He was mustered into the United States Yolunteer service on October 28, 1861, as colonel of--Regiment Kentucky Volunteers, in which capacity he served 

faithfully until January, 1862ii when he was promoted to the rank of brigadier- general of volunteers for ga. ant and meritorious conduct in the battle of Mill Springs, Kentucky. He served as brigadier-general until the close of the war. He is now on the pension-roll for deafness. He is now almost totally deaf, broken down in health, is over seventy years old, and almost penniless. Your committee are of opinion that the rating of pensions for this class of dis- ability is insufficient, and that Generru Fry is entitled to a. higher rate of pen- sion for the few remaining years of his life than that now received by him. 

They therefore report back the bill with the recommendation that it be amended by striking out in line 5 of the bill the words "one hundred" and inserting in lieu thereof the word •· fifty," and that the bill as so amended do pass. 

The CHAIRMAN. Is there objection to the present consideration 

of the bill? 

There was no o b,'j ection. 

Mr. WOLFORD. Mr. Chairman [cries of "Vo~ !" "Vote!"], I 

hope gentlemen will hear me for just one minute. If ever there was a case where a man deserved a pension of $100 a month, this is such a 

case. [Cries of "Vote!"] Now !want to give avery few reasonswby I -

think we should not adopt the amendment of the committee reducing 

this pension. [Renewed cries of " Vote ! " "Vote ! "] Very well, as the committee seems unwilling to hear, I will say nothing more, but 

let the committee vote on the question. 

The amendment was agreed to. 

The bill as amended was laid aside to be reported to the Honse, with 

the recommendation that it do pass. 

MARY WOOD. 

Mr. MORRILL. I desire on behalf of the gentleman from Missouri 

[Mr. HATCH], who has so often presided over the Committee of the 

Whole at these Friday night sessions, to ask unanimous consent to take 

up a bill of his. That gentleman has had no opportunity to cal1 up 

bills, having been in the Chair. I hop·e tbat this courtesy will be ex- tended to him. 

The CHAIRMAN. 'l'he Clerk will report the bilL 

. / 

.... 
1386 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 4, 

The Clerk read as follows: 

- A bilr(H. R. 79TI) granting a pP.nsion to Mary Wood. 

Be it enacted, &:o., That the Secretary of the Interior be, and he is hereby, au- thorized and directed to place on the pension-roll the nameot"'Mrs.l\laryWood, of Adair County, Missouri, regimental nurse of the Seventh Missouri Cavalry 

during the late war, and pay her a pension at the rate of s- per month. 

The Committee on Invalid Pensions recommended to amend by filling • the blank with the wotd "twelve;" so that it would read "and pay 

her a pension at the rate of $12 per month.'' 

Mr. WALLACE. I ask for the reading of the report. 

The report (by Mr. :MORRILL) was read, as follows: 

The Committee on Invalid Pensions, to whom was referred the bill (H. R. 7971) granting a pension to Mary Wood, respectfully submit the following re- port: 

Mrs. Wood was an army nurse, and was with the Seventh Missouri Cavalry 

Volunteers from September,l861, to November, 1864, and was wounded in the shoulder. Her services and experience are best stated in a memorial to Con- gxess signed by twenty-four of the officers and enlisted men of said regiment, as follows: KIRKSVILLE, Mo., March 11,1886. 

To the ~rly--n:inth Conaress of the United States of America: 

We, the undersigned officers and members of the Seventh Missouri Cavalry 

Volunteers, would respectfully represent to your honorable body that one Mrs. 

Mary Wood, a citizen of Kirksville, Mo., was an army nurse in the aforesaid regiment from September, 1861, to ·November,l864, by order of Col. Daniel Hus- ton,jr., of the United States Army. Her husband, David Wood, was a member of Company 0, same regiment. She was in the battle of Prairie Grove, and all other engagements in which the regiment took part, and while the invalid part of the regiment was on board of a steamer en route for Little Rock, Ark., the steamer was fired on and she was wounded, and the ball still remains in her shoulder, and from this wound she is disqualified from the performance of manual labor. She is poor, and depends upon t.he labor of herself and invalid husband for support. 

We, the aforesaid officers and members of the aforesaid regiment, knowing the foregoing facts to be true, and knowing said l\!ary Wood, who is sixty·six years of age, to be a woman of good character, would respectfully pray your honorable body to enact some law whereby she may be either placed upon the pension-roll or may .gain some relief, or for any other relief which to your hon- orable body may seem just and proper. Drs. Burton, Goben, and Grove, the board of examining surgeons at Kirks- ville, examined Mrs. Wood on April 28, 1886, and report: "We find a gunshot wound of left shoulder. Ball entered over and probably fractured acromion process, passed down the bicipital groove, and remains em- bedded in the deltoid muscle, 3 inches from entrance; bali about32 caliber. One inch atrophy of lei\ shoulder. Motions cramped and impaired one-balL D egree of disability one-half." 

1\laj . .A.. H. Linder and Lieut. T. C. Harris, of said regiment, testify April 29, 

1886, that the facts above stated in the memorial aforesaid are true. The fact of the service of claimant, her being wounded while in line of duty, and her present disability therefrom being clearly established, your committee 1·ecommend the pas age of the bill, with an amendment to insert the word 

"twelve" after the word "of," in line 7. 

The amendment was adopted. 

The bill as amended was laid aside to be reported to the House with 

the recommendation that it do pass. 

JOHN D. FINCHEB. 

Mr. FUNSTON. I ask unanimous consent to call up the bill (S. 

1768) granting a pension to John D. Fincher. ' 

The bill was read, as follows: 

Be it enacted, &:c., That the Secretary of the Interior be, and he is hereby, au- thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of John D. Fincher, late of Company 

H, One hundred and thirty-second Regiment of Pennsylvania Volunteers. 

!'Ir. W A.LLACE. I call for the reading of the report. 

The report (by Mr. MoRRILL) was read, as follows: 

The Committee on Invalid Pensions, to whom was referred the bill (S. 1768) 

granting a pension to John D. Fincher, submit the following report: A full and complete statement of this case is found in the Senate report hereto attached and made a part of this report: The claimant was a private in Company H, One hundred and thirty-second 

Regiment, Pennsylvania Volunteers. He was discharged on the 24th day of February, 1863. Prior to his discharge be was in the United States general hospital at Philadelphia sixty days, and in his certificate the surgeon says: ''The disease was contracted by exposure and fatigue while performing the duties of a soldier." The surgeon adds that he w as discharged for "general debility, which will disable him from performing the duties of a soldier for a great length of time." The report of the Surgeon-General says: "He entered Saint Aloysius Hos- pital, 'Vashington. D. C., November 15, 1862, with diarrhea;" that he entered general hospital, Race street, Philadelphia, December 18, 1862, with bronchitis, and was discharged from service February 25,1863. The Adjutant-Genera.! reports him in hospital at Warrenton, Va.; that he was left sick at Warrenton; that muster-out roll of company, dated May 24,1863, re- ports him discharged for disability at Race street hospital, as above. 

Comrade Francis l\1. Thomas testifies : "That he knew said John D. Fincher since early boyhood; that for a~ least five years prior to hisenli tment he had opportunities of seeing him daily, and that he had no reason to doubt his soundness of health; that he was a. comrade of his in Company H, One hundred and twenty-third Pennsylvania Volunteers, and that he was taken sick at or near Warrenton, Va.., in the fall of 1862, and from there sent to 'Va.sbington to hospital; that he believes said John D. Fincher still suffers from the effect of his sickness and exposure." This testimony was given on the lOth of l\Iarch, 1884.. The claimant alleges that at Warrenton, Va., November 15, 18G2, be contracted bilious fever followed by chronic diarrhea and lung trouble. The examining surgeon identifies chronic diarrhea, but not lung disease; but he says there may be some pleuritic adhesions. The examining board find noth- ing the matter with him; a circumstance so inconsistent with the whole record of the case as to be inexplicable to the committee. The proof of his former soundness, of his contracting disease, and of its present existence, is so satisfac- tory as to justify the committee in reporting the bill faYorably1 with a recom- mendation that it do pass. 

There being no objection, the bill was laid aside to be reported to 

the House with the recommendation that it do pass. 

ORDER OF BUSINESS. 

Mr. ANDERSON, of Ohio. I ask unanimous consent to call up for 

consideration the bill (S. 2111). 

Mr. BOUTELLE. I rise to a question of order? 

The CHAIRMAN. The gentleman will state it. 

Mr. BOUTELLE. I want to ask under what order we are proceeding here. 

The CHAIRlVlAN. · We are proceeding byunanimous consent. Does 

the gentleman from Maine object'? 

:Mr. BOUTE.LLE. I have risen to a point of order. 

The CHAIRMAN. The gentleman will state it. 

Mr. BOUTELLE. My pointoforder is thatin the first place it was understood we were obliged to adhere to the regular order of t.he Calendar. Then unanimous consent was given that gentlemen should be 

recognized in accordance with a list prepared somewhere by somebody; 

and I supposed we were proceeding under that. Now I find we are ,neither proceeding with bills in their order on the Calendar nor in ac- cordance with the list that has been made out. I should like to know 

in what order we are proceeding. 

The CHAIRMAN. The committee declined to agree to any order, 

and we have been proceeding in regular order, except when unanimous 

consent is given to a member to call up a measure. The gentleman 

from Ohio [Mr. A.NDEBSON] is now recognized. 

:Mr. BOUTELLE. Does it depend on the question who shouts the 

loudest? 

The CHAIRMAN. The gentleman from Ohio is recognized. He 

asks to call up for consideration the bill be has indicated. Is there 

objection? The Chair hears none, and the Clerk will report the bill. 

JACOB SMITH. 

The bill (S. 2111) granting a pension to Jacob Smith, called up by 

Mr. ANDERSON, of Ohio, was read, as follows: 

Be it enacted, &:c., That the Secretary of the Interior be, and he is hereby, au- thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Jacob Smith, late of Company E, 

Second West Virginia. Cavalry. 

Mr. W .ALLACE. I ask that the report be read. 

The report (by Mr. ELLSBERRY) was read, as-follows: 

The Committee on Invalid Pensions, to whom was referred the bill (S. 2111) 

granting a pension to Jacob Smith, late a private in Company E, Second West Virginia Cavalry, having had the same under consideration, make the following report: ·The Senate during the first session of this Congress passed a. bill placing claim· ant's name on the pension-roll, subject to the provisions and limitations of the pension laws, and, after careful examination of the Senate report and papers on file in this claim, your committee concur in the Senate report hereunto attached and report the bill back to the House, recommending the passage of the same. 

[Senate Report No. 875, Forty-ninth Congress, first session.] 

The petitioner was a private in Company E, Sixth West Virginia Cavalry. The report of the Adjutant-General identifies the soldier as in service from the date of his enlistment, October 9, 1862, to the date of his discharge, November 13 1865, and says: 1

' Prisoner of war records show him captured at New Creek, Virginia, Novem- ber 28, 1864; confined at Richmond, Va., December 71 1864.; paroled at Rich· mond, Va., February 15, 1865. No evidence of disability; no regimental hos• pital records, Sixth West Virginia Cavalry, on file." The petitioner claims that he contracted rheumatism while in prison at Rich· mond, as shown, and on oath he says, "The prison being cold and damp-in 

fact.., constantly wet and very filthy." This statement is so self-evident that it; neeas no affirmation, and was almost certain to produce the disability claimed. The examining surgeon certifies to the e:ristence of rheumatism, which he rates at half totaL His attending physician testifies to the same facts, and to the good character of the soldier. From the statements, medical and otherwise, it appears that the man's joints were stiffened, and that there was a creaking sound of the knee-joints. Over one hundred of his neighbors testify to his poverty and worthiness, and to the fact that some years ago he was run ove.r by a railroad train, which caused the amputation of one of his legs and crushed the remaining foot. While this mischance has no direct bearing upon his claim for a pension, his being stiff and inactive from rheumatism may have been the cause of his misfortune. Your committee believe the man may properly claim the relief provided for in the bill, and therefore report it favorably, with a recommendation that it do pass. 

There being no objection, the bill was laid aside to be reported to the 

House with the recommendation that it do pass. 

MARY J. GILBERT. 

Mr. CONGER. A. few moments ago I objected to the consideration 

of a bill called up by the gentleman from New York [Mr. MILLARD]. 

I now withdraw my obj ection. 

Mr. MILLARD. I ask unanimous consent to call up the bill I have 

indicated. I make the request for the reason that the applicant is blind, 

and her only brother lost his life in the service of his country. 

The bill (H. R. 5345) for ~e relief of Mary J. Gilbert, called up by 

1\Ir. MILLARD, was read, as follows : 

Be it enacted, &c., That the Secretary of -the Interior be, and he is hereby, au- thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Mary J. Gilbert, sister of De Witt 

Gilbert, late of Company G, Eighty-ninth New York Volunteers. 

Mr. TAULBEE. Let the report be read subject to objection. 

The report (by Mr. S.A. WYER) was read, as follows : The Committee on Invalid Pensions, to whom. was r eferred House bill 5345, 

beg leave to submit the following report: 

l\Iary J. Gilbert is a sister of the late De Witt Gilbert, of Company G, Ejghty· ninth New York Volunteers. Young Gilbert enlisted and was mustered into service the 2d day of October, 1861. The report of the Adjutant-General, dated 
1887. CONGRESSIONAL RECORD-HOUSE. 1387 

March 14, 1S82, shows that he was enrolled a. private in Company G, Eighty- ninth Regiment New York Volunteers, on the 2d day of October, 1861, at Wind- sor, N. Y.; that he was wounded in the battle of Antietam, Maryland, Septem- ber 17, 1862; . that he recovered from his wound and returned to his company. Afterward, to wit, September 28, 1864, he died of chronic diarrhea., at ~altimore, 

1\:ld. He died at West Building hospital. At the time of his death he had risen to the rank of corporal. Young Gilbert at the date of his enlistment had no father, brother, wife, or children, but had a. sister, the claimant, and a mother, who were absolutely dependent upon him for support. On the 12th day of January, 1864, his mother died. May 24,1880, claimant filed her application for pension. The claim was rejected on the lith day of Oc- tober, 1882,and upon the ground that claimant was fifty years old at the time of the filing of her application and, under existing law, was not entitled to a pension. From the affidavit of claimant, Irving D. Knox, and other papers in the case, it appears that claimant was, at the date of her brother's enlistment, 

service, and death, wholly dependent upon him for support, and in fact sup- ported by him until his death; that she was an invalid, without any property 

whatsoever, and unable to care for herself. It also appears, from the affidavit of Dr. I. C. Edson and other papers in the case, that t.he claimant's health was not only poor, but that she has a disease of the eyes known as amaurosis, which renders her almost blind, She is depend- ent upon the chariLy of her friends and neighbors for the necessaries of life. But for the age of claimant she would doubtless have been allowed a pension 

by the Department. We think this poor woman, whose only brother was wounded in battle, and afterwards died in the service of his country, should be entitled to the small pittance provided for dependent relatives, and accordingly recommend the passage of the bill. 

There being no objection, the bill was laid aside to be reported to the 

House with the recommendation that it do pass. 

MRS. EMILY 1\I .• SWIFT. 

Mr. CARLETON. I ask unanimous consent to call up for consideration the bill (S. 2203) granting a pension to Mrs. Emily M. Swift, of 

Dexter, Mich. 

The bill was read, as follows: 

Be it enacted, &;c., That the Secretary of the Interior be, and he is hereby, au- thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Emily M. Swift, of Dexter, Mich., 

dependent mother of James C. Swifl;, late a lieutenant of Company B, First Regi- ment Alabama. Union Cavalry. · 

:M:r. TAULBEE. Let the report be read subject to objection. 

The report (by~- WINANS) was read, as follows: 

The Committee on Invalid Pensions, to whom was referred Senat.e bill 22031 report that they have examined the same, and adopt t.he Senate report, as fol- lows: [Senate Report No. 964, Forty-ninth Congress, first session.] 

The ComJDittee on Pensions, to whom was referred the bill (S. 2203) granting a pension to Mrs. Emily M. Swift, have examined the same, and report: • The petitioner applies for a pension as dependent mother of James C. Swift, first lieutenant of Company B, First Alabama Cavalry, and who died at Glen- dale, Miss., November 8, 1863, of wounds received in battle. The soldier's iden- tity, service, and death are not questioned, and the proof is ample to show that he was the only son of the claimant. The pension is denied by the P~sion 

Office on the ground of non-dependence at the time of his death. The facts are that the mother was living with her second husband, William Stephens, in the village of Dexter, Washtenaw County, Michigan, when her son enlisted, which was also the home of the latter. ~t is in evidence that the relations between the husband wife were not pleasant; that the son gave his mother his bounty-money, and afterwards sent her portions of his pay, thus recognizing her dependence upon him independent of the fact that his mother had a husband who was under obligations to support her. It is also in evidence that the husband not only did not maintain her, but that he converted to his own use all the personal property she had; that he trea.t.ed her with cruelty; that he procured from the estate of the soldier's father money that belonged to 

the son, converted it to his own use, and that the mother had no benefit from it. Also that the petitioner has been granted a divorce from her said husband, William Stephens, and that she is now sixty-seven years of age, in poor health, and dependent upon her relatives for support; and that she has resumed the name of Emily M. Swift. In the opinion of the committee this is a case demanding relief that may prop- erly be given. The bill is therefore reported fa.'"orably with a recommendation that it do pass. 

There being no objection, the bill was laid aside to be reported to the 

House, with the recommendation that it do pass. 

·susAN A. DUNCAN. 

:Mr. W .ARNER, of Missonri. I ask unanimous consent to call up for 

consideration the bill (~. 2252) granting a pension to Susan A. Duncan. The bill was read, as follows: 

Be it enacted, d!c., That the Secretary of the Interior be, and is hereby, au- thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Susan A. Duncan, widow of Capt. 

Leroy C. Duncan, late of Company D, Twenty-seventh Regiment Missouri Voluntees. 

:rtfr. WALLACE. I ask for the reading of the report. 

The report (by :rtir. :rtfoRRILL) was read, as follows: 

'~:he Committee on Invalid Pensions, to whom was referred the bill (S. 2252} 

granting a pension to Susan A. Duncan, submit the following report: The claimant., Susan A. Duncan, is the widow of Leroy C. Duncan, captain of Company M, Fortieth Em:olled 1\lissouri Militja., who died at Warrensburg, Mo., 

May 18,1865, of wounds received on the 7th of the same month, a.t Kingsville, Johnson County, Missouri, while in an engagement with "bushwhackers.'' The claim was rejected by the Pension Office, as stated by the Commissioner in his letter to the Senate Committee on Pensions, on the ground that "it was not prosecuted to a successful issue prior to July 4,1874." 

It appears by the report of the Adjutant-General that the soldier was mustered into the service as captain Company D, .Johnson County (Missouri) Horse Guards, Twenty-seventh Regiment Mounted Troops, to date from July 4,1861; mustered out January 27, 1862; then he was commissioned captain Fortieth En- rolled Militia October 30,1862 ; was detached for active service as captain Com- pany B, Fifth Provisional Enrolled 1\Iilitia., May 23,1863. It was w bile connected with this organization that he received his death wound, according to the testi- mony of his comrade, Henry C. Rose, who was wounded at the same time. It is shown by the report of the Third Auditor that the regiments to which he belonged were "employed in the military service of the United States, and the 

State paid for the above service, and has been reimbursed by the United States." In another report from the Third Auditor it is stated that the widow filed a claim for his pay, which was paid. From the proof contained in the papers accompanying this case it is a.ppar- ent that the husband was in the service of the United States and that he died from wounds received in action. The bill is reported favorably with a recom· men dation that it do pass. · 

Tb.ere being no objection,. the bill was laid aside to be reported to 

the Honse with the recommendation that it do paM. 

.JOHN A. FAGG. 

Mr. JOHNSTON, of North Carolina. I call up the bill (H. R. 6188) 

for the relief of John A. Fa.gg. 

The bill was read, as follows: 

lk it enacted, &c., That the Secretary of the Interior be, and he is hereby, in· structed to place on the pension-roll the name of John A. Fagg, late lieutenant· colonel of--North Carolina Regiment, in the Mexican war, subjectt.o the pro- visions and limitations of the pension laws of the United States. 

The report (by :M:r. JONES, of Alabama) was read, as follows: 

The Committee on Pensions, to whom wa-s referred House bill6188, beg leave to submit the following report : John A. Fagg was lieutenant-colonel of First Regiment North Carolina Vol- unteers in the Mexican war, during which he contracted typhoid fever and this resulted in chronic diarrhea, at Buena Vista, ~:[exico, in 1847. The committee recommend that his name be placed on the pension-roll, sub- ject to the provisions and limitations of the pension laws of the United States. 

The Committee on Pensions recommended an amendment inserting, 

before the words ''North Carolina,'' the words '' the First.'' · The amendment was agreed t.o. 

The bill as amended was laid aside to be reported to the House with 

the recommendation that it do pass. 

CH.A.RLO'ITE O'NEAL. 

Mr. :MARKHAM. · I call up the bill (S. 859) granting a pension to 

Charlotte O'Neal. 

The bill was read, as follows: 

Be it enacted, &c., That from and after the passage of this act the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pen· sion-rollthe name of Charlotte O'Neal, widow of Col. Richard O'Neal, deceased, late colonel of the Twenty-sixth Regiment Indiana Volunteers, and to pay her a pension at the same rate the widows of colonels of volunteers are now paid. 

The report (by :rtlr. MATSON) was read, as follows: 

[To accompany bill S. 859.] 

The Committee on Invalid Pensions, to whom was :referred Senate bill859, re- spectfully report that they COiilCUl' in the Senate report hereto annexed and adopt the same as their own, and recommend the passage of the bill with the 

~~~~~\!~.;::u~~~e!!i~~ill.ord "lieutenant" before the word "colThe claimant. Charlotte O'Neal, is the widow of Richard O'Neal, late lieuten- ant-colonel of the Twenty-sixth Regiment Indiana Volunteers. It appears from the evidence in this case that the soldier was the first lieutenant-colonel of the above command; that he resigned and went home by order of Governor 0. P. Morton and was put in charge of the United States camps at Indianapolis, Ind., and that while performing the duties of that position he contracted disease, and died in January, 1868. The funeral ceremonies were conducted under a special order of Col. Henry B. Carrington, of the Eighteenth United Stat.es Infantry, which isasfollows: [Special Order No. 851.] 

HEADQUARTERS UNITED STATES FoRCES, 

IndinapoUs, Januarg 6, 1868. 

L The funeral ceremonies of Lieut. Col. Richard O'Neal will take place from his late residence, on Virginia avenue, this day, at 2 o'clock p.m. The escort will con!'U!t of six companies of the Seventy-first Indiana. Volunteers, and will form at the late residence of Lieutenant-Colonel O'Neal at half past 1 o'clock p. m. precisely. 2. Other military bodies joining the procession will march directly after the family of the deceased. 8. The Jat.e Lieutenant·C{)lonel O'Neal, having performed faithful service in the field, and having distinguished himself by unremitting devotion to his 

country's service in charge of the camps near Indianapolis during the Jast four months, as well as on account of his high character as an officer and gentleman, the commandant of this post will take charge of the funeral ceremonies on the occasion. 

By order of Col. Henry B. Carrington, Eighteenth United States Infantry. LEWIS T. 1\IORRIS, 

Lieutenant, United States Infantry, .Acting .Adjutant. 

th~~=~~~ ~8~~t:ot~! :.fro::~r~J:e(a:~e&;ra:~~r~::~ asre~~~~: applied at the Pension Office, because the disease from which her husband died was incurred after his formal resignation. Such disease was, however, incurred virtually in the service and while Colonel O'Neal was in charge of the United St.ates camps at Indianapolis. 

The Committee on Invalid Pensions recommended the following 

am dments: In line 6, strike out the word "colonel," and insert in 

lieu thereof "lieutenant-colonel;" in line 7, the same amendment; in 

line 9, strike out "colonels" and insert "lieutenant-colonels." 

The amendments were agreed to. 

The bill as amended was laid aside to be reported to the House with 

the recommendation that it do pass. · 

WILLIAM REDDICK. 

:M:r. HALL. :rtfr. Chairman, I call up House bill No. 10473, granting a pension to William Reddick. The bill was read, aa follows: 

Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, authorized and directed to place upon the pension-roll of the United States the name of William Reddick, corporal in Company B, in the Thirt.y-third Regiment of Ohio Volunteers, and who was one of the so-called" Mitchell raiders" sent out in 1862, by General 0. 111. l\Iitchell, for certain hazardous military purposes, at the rate of S24 per month; and this act shall take effect as of June 2, 1881. 

Mr. TAULBEE. Let the report be read. 
1388 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 4, 

The report (by .!fr. CONGER) was read, as follows: 

The Committee on Invalid Pensions, to whom was referred the bill H. R. 10473, have considered the same, and report: William Reddick was a corporal in Company B, Thirty-third Regiment Ohio Volnnteers, and was one of the so-called Mitchell Raiders, whose hazardous service, valiant exploits, and inhuman treatment are fully detailed in Senate Report No, 361 of the Forty-eighth Congress, hereto attached. · The Forty-eighth Congress passed an act placing these so-called Mitchell Ra.i.ders, mentioning each one by na~e, on the pension-roll at $24 pe,r month, wh1ch was approved July 7,1884, and 1S also appended hereto. William Red- · dick's name was in some way omitted from this bill, evidently an oversight, as in the whole history of the case his name appeared as one of the leaders and principal men in the party. And your committee believe it was the intention at the time to pension him wilh the others. If it was ri~ht to pension all the other members of this band, it is certainly wrong to discriminate against William Reddick. The passage of the bill is therefore recommended, after striking out the last line and adding" July 7, 

1884." 

The principal factsrelatingto the clahu of Wilson W. Brown and others were set forth in detail in a. favorable report oft he House Committee on Invalid Pensions on House bill 4444, durin~ the Forty-seventh Congress, and also in a. report of this committee (Senate Report No. 722, Forty-seventh Congress, first session), as follows: 

"The petitioners seeking to be benefited by this bill are known in history as the 'Mitchell Raiders.' In the early part of April, 1862, General Ormsby M. Mitchell had advanced his column as far south as Shelbyville, Tenn. On the west the battle of Shiloh bad just determined in favor of the Union arms. At the east McClellan, with his army of the Pot{)mac, was at Yorktown, threaten· ing an advance upon Richmond. Against these two armies of the West and East, the South bad concentrated their strength. General Mitcllell saw then, as a bloody history so fully demonstrated subsequently, the vital importance of seizing and holding Chattanooga as a. strategic point on the great railroad line between the East and the West, which connected the main armies of the rebellion. The capture of Chattanooga., at that crisis of the war, involved also the posses- sion of East Tennessee, and a probable uprising of a strong loyal element there. The Mitchell Raiders were a body of twenty-one men, nnder command of one J. J. Andrews, selected by General Mitchell to undertake the desperate enter- prise of penetrating nearly 200 miles south into the heart of the enemy's terri- tory, and endeavoring to destroy t.he wooden hridges on the railroad between Chattanooga and Atlanta.. This, Mitchell hoped, would cut off the advance of troops from the south, while he moved down his army and captured Chatta- nooga. Judge-Advocate-General J osepb Holt did not exaggerate w ben he said of this expedition that "in the daring of its conception it bad the wil<lness of romance, while in the overwhelming results which it sought to accomplish it was absolutely sublime." The account of the raid, following, is borrowed from another writer, and is correct, according to the evidence of participants: "The soldiers of this forlorn hope, dressed in citizen's clothes and representing themselves as good secessionists, set out on foot through the enemy's coun- try hy twos and threes, and after many adventures, came together at Marietta, a point on the railroad a little north of Atlanta.. The plan was to take passage on some north-bound train, and, at an opportune moment, overpower the guard, seize the en~ine, and drive onward with all speed, burning bridges, and tearing up tracks as they went, and leaving a. trail of flame and destruction behind them; to dash clean through Chattanooga, and.meet Mitchell as he ad- vanced along the Memphis road. It was early in the morning of Aprill2, when these adventurous travelers, with tickets for different points to avert suspicion, boarded the train, and finally seated themselves in the same car. At broad daylight the conductor called out, • Big Shanty; twenty minutes for breakfast,' and at once passengers, engineer, and trainmen all poured into the long eating-room, 

leaving the engine nnguarded, although it was within the lines of a rebel encampment·. "'l'he little bo.nd sauntered forward, each falling into his appointed place, when in a. twinkling, on a signal given, the passenger coaches were uncoupled, an engineer and firemen of the party sprang into the cab, the valve was pulled open, and the engine, tender, and three cars moved off as the remaining adven- turers leaped into the open doono of one of the box cars. A few minutes placed the exulting party beyond what seemed to be the danger of any successful pur- suit, tor there was no telegraph at Big Shanty, and no other engine at hand. But it was one day too late. General Mitchell bad advanced to Huntsville, and his approach wa.S so threatening that all the rolling stock about Cb:-ltbnooga had been ordered south. and the delay caused by meeting these unscheduled. trains was fatal. "Andrews, representing himself as a confederate officer of high rank, who had impressed the train for the purpose of running powder through to Beauregard at Corinth, excited no suspicion. But while he was losing precious minutes in waiting for the extra trains, and moving them off the track, the conductor at Big 

Shanty left his coffee and began the pursuit on foot untilhereached a hand-car, and soon after, in a swift locomotive, which, by rare good fortune, had come down to the road, on a private track from large iron works, just in the nick of time. Before the raiders fonnd opportunity for any serious work their pursu- ers were upon them. A desperate chase ensued, until finally, after a run of nearly 100 miles, the captured locomotive, now jaded and shattered, was aban- doned, and the captors scattered to the shelter of thick woods. "The whole party was captured after enduring the sufferings incident to fruit- less efforts to escape their pursuit. It is unpleasant to recall the history of the treatment to which these prison.&rs were subjected. They were denonnced as spies. They were chained toge!her by twos by the neck, marched through the streets of Chattanooga amid the angry jeers of an infuriated crowd, and thrust into a kind of dungeon. This apartment was 13 feet square, and of about the same depth. Twenty-one men were confined here for nearly three weeks. Scanty provision was furnished, and no sufficient means afforded for the re- moval of excrement. If we may credit the statements of survivors of the party, which are as given above, the horrors of this confinement were beyond de- scription. 

"When released from the dark and noisome hole, their condition was pitiable, and for hours they were blinded by the light of day. Andrews, the leader, was hung as a. spy. The party was removed then to Atlanta, where seven more were tried, convicted, and hanged as spies. One Jacob Parrot was whipped, one hnndred lashes being indicted on his back. For six months some of the sur- vivors, and for eleven. months others of them, were in constant apprehension of the same death by hanging as their comrades bad suffered. It were better that the story of the suiferings and indignities inflicted on these heroicsoldiel'l! were left unrecited, as t.bey were incredibly terrible, as told by the survivors. "In considering this case the committee think it very clear that this raid was a military expedition. Judges Baxter and Temple, who, it appears, acted as at- torneys to defend the men who were banged, have lately written that they con- sidered that they clearly showed before the court-martial that the expedition was a military one under authority and command of General Mitchell, and that the men were not spies. It is evident that the confederate government so regarded the matter, as the further trial of the survivors was stopped after the execution of Andrews and seven of the party. These soldiers, therefore, who nndertook and with marvelous energy essayed the task imposed by their commander, suf- ered an outrage in being treated as spies and worse, which justifies their appeal f~r coiUlideration." 

All of the persons referred to in the present bill have presented claims 

to the Pension Bureau, and their present condition is as follows: 

Name. Pension. Remarks. 

Wilson W. Brown ...... ...... Pensioned at $16...... ... Claim for increase pending. John R. Porter ................. Receives no pension ... Claim for pension pending. William Bensinger........... Pensioned at 34...... ..... Claim for increase pending, John A. Wilson .......................... do ...................... .. William Pittenger............ Pensioned at $24.......... . Martin J. Hawkins ........... Pensioned at SB ........... Claim for increase pending. Daniel A. Dorsey .............. Pensioned at 812 ....... .. Elihu Mason ..................... Receives no pension ... Claim for pension pending. Rachel Slavens (widow).... Pensioned at SB* ......... . 

*And f2 for each of three childr .:!D. 

A careful examination of the testimony bas satisfied the committee that disa. bilities were contracted by all the survivors, for which they should receive pen- sions. Most of them are already, as shown above, receiving pensions under the general law, while others have applications pending, which, in our belief, should be granted. 

It is unnecessary to dwell upon the details of the extraordinary enterpr:se in which these men engaged, the dangers they incurred, the sufferings they en- dured; their coolness, gallantry, fidelity, devotion, and patriotism, or upon its immense importance to the Union cause had it been successful. It is sufticient to say that these men dared and endured everyt.hing, and that failure ·was not their fault. We recommend the passage orthe bill with the following amendment: Insert in line 4, after the word "twenty," the word "four," so as to read "at the rate of twenty-four dollars per month." Yonr committ~e also recommend the addition of the following as an additional section to the bill: "SEC. 2. T.his a-ct shall not be construed to diminish the pension now being 

paid to any of the persons therein named, nor to deprive them of any increase to which they now are entitled or hereafter may be entitled." Mr. JACKSON, from the Committee on Pensions, submitted the following views of the minority: The undersigned, members of the Committee on Pensions, not concurring in the report of the majority upon bill S. 337, increasing the pension of Wilson W. Brown and others, respectfully submit the following views of the min.ority: The papers before the committee, consisting of the pension files in the several cases of the respective parties proposed to be pensioned by the present bill, do not disclose anything upon which to rest the highly-drawn picture of the bril- liancy and magnitude of the enterprise for the voluntary undertaking of which special honorary pensions should be granted. The extravagant colors in which it has been presented are taken mainly from the account of the undertaking pub- lished some years since by Rev. William Pittinger, one of the survivors, whose name is included in the bill under consideration. The description is exaggerated and inaccurate in many respects. The value and importance of the enterprise, undertaken under the leadership of J. J.An-· drews,aspyinGeneralBuell'semploy, is greatly overestimated. It was" hardly 

commendable-," in the opinion of very accomplished Union officers of high 1-ank. General Mitchell never even made any report whatever of the operation. The majority report is inaccurate in the proposition t.hat the parties engaged in this transaction were not "spies" and liable to be treated as such by the enemy. Very high Federal military authority so pronounces them. But with- out pausing to discuss the inaccuracies of the alleged • • fnct.s" and the exaggera- tion of the performance, and of its possible importance if success had attended it, we think that the reasons presented in the adverse report of the Senate com- mittee at the last session of Congress constitute grave and sufficient objections to the passage of the bill, and we here readopt the same, as follows : "The wisdom and necessity of the enterprise in which those claiming bene· fits nnder this bill were engaged, and the estimation of its importance by Judge 

Holt, have been criticised in military circles; and the conclusion of the foregoing report, that the expedition was a military one, and that the men were not spies, 1S open to question; but for the purpose of determining whether it is just or expedient for Congress to pass this bill, both the facts set forth in the report of the House committee, and its conclusions as to the character, importance, and the necessity of the expedition may be assumed. "Upon such assumption, however, the committee are unable to find sufficient gronnds for a report in favor of the passage of the bill, which proposes to grant to each of the survivors of the expedition, and the widow of one who is dead, a. uniform pension of $20 per month without reference to the degree of their disa- bility, a provision which is unknown to the existing law relating to pensions. The argument in favor of thus discriminating in favor of the beneficiaries in this bill against the soldiers who are pensioned by general act seems to be based upon three considerations, viz, the brilliant services of these soldiers, their ex- treme suffering, and their imminent danger of death as spies. "In the opinion of the committee neither of these considerations can justify the passage of the bill, giving to these men an arbitrary rate of pension greater in amount than that allowed to other soldiers. "Pensions shonld be granted for disability, and should be proportioned to the disability sustained. It is believed that no other just basis for pensions to soldiers exist.s. The conn try gratefully recognizes the patriotism, the heroism, and the brilliant achievements of those who fought its battles, but in granting 

pensions we must not forget that hundreds of thousands, nay millions, of our volunteer soldiers were patriotic and. heroic, and performed deeds of conspicu- ous courage and gallantry; nor must we forget that such service was due from the soldier in the defense and protection of his Government in return for the protection which the Government afforded to the soldier as its citizen. . "To single out a. few from the great body of those who performed patriotic, 

heroic, and brilliant services in the war, and bestow upon them special pensions 

therefor, is an unjust discrimination against those equally deserving of prMse who pass unnoticed. Nor can such pensions be put upon the ground of ext1·eme suffering, unless we propose in all instances to estimate. in rating the pensions 

granted by Congress, the physical and mental pain endured by the soldier from any and every cause incident to his service. A great number of soldiers other than these suifered cruel hardships, and, in imminent danger of death, lan- guished in hospitals and in prisons, and no reason exists why these few soldiers should be pensioned for such suffering while the many similarly situated are not pensioned. 

"To rate pensions a-ccording to the amount of suifering endured, either phys- ical or mental, is manifestly impracticable, even if such causes were admitted to bejust ground for pension. Nor does tbefearofan ignominious death as aspy seem to the committee to furnish a basis for a pension any more than the fear of death consequent upon battle or other dangerous service. If it be said that the disability of soldiers who suffered such imprisonment and endured such bard- ships, should be presumed to be the result of such imprisonment and hard- ships, such considerations would only justify the granting of pensions to the petitioners according to the disability which might be found, upon me<llcal 
1887 CONGRESSIONAL RECORD-HOUSEo .1389 

and other testimony, actually to exist, and not the establishing of a uniform rate of 320 per month for each. 

'' It is not to be presumed that each of these petitioners is equally disabled. It 

is possible that some of them may be entitled, under the existing provisions of 

the general law. to a higher rating even t.han $20 per month, while it is probable, to say the least, that some of them are not sufficiently disabled to justify 

such a rating. However that may be, the law provides an equal rule for all. 

"The Pension Office is liber al in the administration of the law, and if in par- ticular instances the Commissioner of Pensions fails to rate a. pension under the 

law according to the degree of disability, it will not be questioned that Congress is exceedingly liberal in granting increases in such cases. The committee do not believe it wise or expedient to single out particular soldiers, or particular 

classes of soldiers, and grant them pensions of greater rates than the pensions 

granted to others for similar disabilities. . "The petitioners were brave nnd patriotic; their bravery excites our admiration, and their suffering enlists our sympathy; and while a special compensa.- tion for such bravery and such suffering may at first sight seem an act of justice, 

it needs but a little reflection to see that it is an act of palpable injustice to the 

thousandsofunnoticed and unrcwarded soldiers whose bravery and sufferings equally compel our admiration and our sympathy. In view of these considerations, your committee recommend the indefinite postponement of the bill: "HOWELL E. JACKSON. 

"JAS. H. SLATER. 

"A. H. COLQUITT." 

The Committee on Invalid Pensions recommended an amendment, 

striking out, in line 11 of the bill, the words "June 2, 1881," and inserting in lieu thereof the words "July 7, 1884." 

The amendment was agreed to. 

Mr. TAULBEE. Mr. Chairman, I move to strike out the words 41 July 7, 1884," and insert in lieu thereof the words " from and after 

the passage of this bill." 

The amendment was agreed to. 

The bill as amended was laid aside to be reported to the House with 

the recommendation that it do pass. 

Mr. WINANS rooTed that the committee rise, but immediately withdrew the motion. M. LOUISE BUTLER. 

Mr. HAYNES. I call up the bill (S. 773) granting a pension toM. 

Louise Butler. 

The bill was read. 

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

MR..'J. ANNA ETHERIDGE HOOKS. 

Mr. CUTCHEON. Mr. Chairman, I call up the bill (S. 2884) granting a. pension to Anna Etheridge Hooks. 

: The bill was read, as follows: 

Be it enacted, dk, That the Secretary of the Interior be, and he is hereby, au- thorized and directed to place on the pension-roll, subject to the provisions and 

limitations of the pension laws, the name of Mrs. Anna Etheridge Hooks, a volunteer nurse in the late war, at the rate of $25 per month. 

·Mr. CUTCHEON. As the report is somewhat long, I think I can state the merits of the· case more briefly. 

Several MEMBERS. State it. 

Mr. CUTCHEON. This lady was a volunteer nurse in the Army of 

the Potomac for four years. She went out with the three-months men at the beginning of the war ; she was always at the front, and was in 

twenty-eight battles, because she was always at the field hospitaL 

She was known, I think, to every member of the old Kearney division, afterward the Birney division; her name then was Anna Etheridge. She was complimented in general orders by General Birney; she was decorated with the Kearney cross in the presence of the entire division; she served to the end of the war, and altogether she has a record such as I think no other woman in America has. 

Several MEMBERS. That is enough. 

Mr. BROWN, of Pennsylvania. I have a bill for a case almost ex- actly like that. [Laughter.] 

Mr~ W ALL.ACE. What is the amount of the pension proposed? 

Mr. CUTCHEON. Twenty-five d'lllarsamonth. Thisladyispoor; 

she has no means, and thousands of men of the old Kearney and Birney division are praying for the passage of this bill. 

Mr. BROWN, of Pennsylvania. We will answer their prayers. 

There being no objection, the bill was laid aside to be rerorted to 

the House with the recommendation that it do pass. 

REBECCA MORRIS. 

Mr. O'HARA. I ask unanimons consent fortheconsiderationoftbe 

bill (H. R. 8486) granting a pension to Rebecca Morris. 

The bill was read, as follows: 

Re it enacted, &:c., That the Secretary of the Interior be, and he is hereby, au- thorized and directed to place on the pension-roll the name of Rebecca Morris, 

dependent mother of Wimam E. !\I orris, late a private in Company C, Fifty-fifth 

Massachusetts Volunteers, subject to the provisions and limitations of the pen- sion laws. 

The report (by Mr. O'HARA) was read, as follows: 

The Committee on Invalid Pension.'!, to whom was referred the bill (H. R. 8486} 

granting a pension to Rebecca Morris, have had the same under consideration, 

and submit the following report: 

Claimant is the dependent mother of William E. Morris, late private Company 

B, Fifty-fifth Massachusetts Volunteers (colored), who enlisted May17,1863; discharged August 29,1865; died October Z7, 1878. Claim reject-ed on the ground 

that there is no record of the fatal disease while in the service, no medical evidence showing the existence of same in service or at or after discharge, and the 

claimant declares her inability to furnish the same. William H. Furnoh, comrade, testifies that-. . "He entered with soldier in Company B, Fift.y-fifth Massachusetts Volunteers; 

hnd known him many years prior to his enlistment; knew him during service, 

and also intimately from discharge to death, October Z7, 1878. Soldier was a bale, hearty young man when he entered the service; contracted disease of the 

l-ungs from exposure at Jacksonville, Fla. Had a severe cough. Herema~ed 

with the regiment, refusing to go to the hospital, but a great part of the tune was excused from duty on account of physical disability. 

"At discharge he had lung disease and a bad cough, from which he never re- covered. He died from disease contracted in service. His attending physician, Dr. Bayard T. Smith, is now dead. Soldier prior to his enlistment worked in a brick-yard. While in the Army his health broke down; he complained of pain 

in his side, had a severe cough, and spat up blood. He was in this condition at discharge, and grew worse, and spitting up blood and corruption, with a severe cough. Was never able to work at his old trade; was unable to perform man- ual labor, became deaf and blind, with fearful discharges from his nostrils and 

month, from which be died." 

Edmund H. Anderson testifies- " That he has known soldier, 'Villiam Emory Morris-who served as Emory Morris in Company B, Fifty-fifth Massachusetts Volunteers-from the time he was an infant. At enlistment he was a hale, healthy young man, but when hereturned from the Army he was suffering trom disease of the lungs, and had a severe cough, which he contracted in the service, from which be died." _Dr. Bayard T. Smith, soldier's attending physician, has die'd ~ince soldier's 

death. Soldier was never able to perform manual labor after his return from 

the Army. Hon. CliARLFS B. LoRE, member of the present House from Delaware, states that the character of witness, Edmund H. Anderson. is excellent for truth, and 

be is in every way a reliable man. The evidence of claimant's dependence on soldier for support is abundant and very strong. Soldier during his lifetime faithfully contributed to his mother's 

support. 

This claimant is at present quite old, and cannot live many more years; is in a condition of abject poverty. Your committee are of the opinion that this is a worthy case for a mother's 

pension, and recommend the passage of the bilL 

The CHAIRMAN. Is ·there objection to the consideration of this bill? 

There being no objection, the Committee of the Whole proceeded to 

consider the bill; and it was laid aside to be reported to the House with a recommendation that it do pass. 

ORDER OF BUSINESS. 

Mr. F .ARQUHAR obtained the floor. 

Mr. WALLACE. I demand the regular order. 

Mr. l<'ARQUHAR. I desire to call up the bill (S. 1463) granting arrears of pension to Mary Helena Mahan. 

The CH.AffiMAN. The gentleman from Louisiana demands the regular order. which is equivalent to an objection. 

Mr: ANDERSON, of Kansas. Unanimous consent is the regular 

order. · Mr. BROWN, of Pennsylvania. I think the gentleman from Louisi- ana would not object to my bill. I have in my charge the case of another Army nurse. The CHAffiMAN. Does the gentleman from Louisiana withdraw 

the demand for the_ regular order ? 

Mr. W .ALLACE. I will withdraw it for the consideration of one more bill, but aftet· that I shall insist on the regular order. 

Mr. BROWN, of Pennsylvania. If another bill is to be considered 

let it be my bill. 

The CHAIRMAN. The gentleman from New York [Mr. FARQUHAR] 

has been recognized. MARY HELENA MAHAN. 

Mr. FARQUHAR. I ask unanimous consent for the consideration 

of the bill (S. 1463) granting arrears ofpension to Mary Helena Mahan. 

The bill was read, as follows: 

Whereas Mary Helena Mahan, widow of Colonel and Professor Dennis H. Mahan, of the United States Army, was placed on the pension-roll on the 14th 

day of August, 1882, and from which date payment of said pension was made: 

Therefore, 

Be it enacted, &:c., That the Secretary of the Interior be, and he is hereby, au- thorized and directed to readjudicatethe pension claim of Mary Helena Mahan, 

widow of Dennis H. Mahan, as if her application had been filed in the office of 

the Commissioner of Pensions prior to the 1st day of July, 1880, and to pay, or cause to be paid, to the aforesaid Mary Helena Mahan a pension, at the rate prescribed by law, from the date of death of the said Dennis H. Mahan: Pro- vided, That all sums previously paid on n.:Jcount of pension to t-he said Mary 

Helena Mahan be deducted. 

Mr. FARQUHAR. Mr. Chairman, as the report in this case is quite 

long, covering four pages of small· type, I request, on account of the 

merits of the case and in order to save time at this late hour, that the 

report be printed in the RECORD without reading. 

Mr. TAULBEE. Are there any amendments proposed to the bill? 

Mr. FARQUHAR. None. 

Mr. TAULBEE. Then I shall object to the bill. 

Mr. FARQUHAR. It simply grants arrears. Mr. TAULBEE. That is a thing we never do; we never pass bills 

of that kind. 

The CHAIRMAN. Is there objection to the consideration of the 

bill? 

Mr. TAULBEE. Yes, sir; I object. 

Mr. W .ALLACE. I ca.ll for the regular order. 

Mr. FARQUHAR. Mr. Chairman, !understand the objections to this 

bill have reference to the adjudication of arrears. I wish to say that 

two cases of a like kind have already been passed. One is the case of 

Professor French; the other that of Professor Agnel One of these cases 

was sustained by an opinion of the Attorney-General, and was passed 

upon by the Pension Department. The other was passed through Congressonly .a year or two ago. 

Now, this case can be a-djudicated only by Congress itself. Unfortu-

·-
'1390 CONGRESSIONAL RECORD-HOUSEP FEBRUARY 4, 

nately for l'tirs. Mahan, who is the widow of one of the noblest men that ever taught the art of war in America, a man who was for 

years the head of our great Jltfilitary Academy, who was the teacher 

of our Grants, our Lees, and numerous distinguished military leadersthis lady unfortunately did not make her application properly for arrears until after July 1, 1880, the limitation of the time designated for 

t·he presentation of such applications. 

The action proposed in this case is, as I have said, in accordance with 

whn.t has already been done in two other cases. This is the only remaining case of the kind that can come before any Congress. In consideration 

of the services of this lady's husband for fortyyears, the mentor of the 

Military Academy, and in consideration of the fact that others less 

iieserving have received at the hands of Congress the recognition here 

proposed, I ask that this bill be laid aside to be reported favorably to 

the House. I ask this as a matter of bare justice. I have no sentiment in this case. I appeal to the manhood of every member that 

this old lady shall be treated with as much consideration as other Congresses have extended in other cases less worthy. With this statement 

I leave the case with the Honse. . · 

The CHAIRMAN. Is there objection to the consideration of the bill? 

Mr. TAULBEE. I insist on my objection. 

Mr. WHEELER. Let the bill be reported from the Committee of 

the Whole, and let us have a vote in a full Honse. 

Mr. TAULBEE. No. 

The CHAIRMAN. Objection being made to the consideration of 

the bill, it is not in order. 

ORDER OF BUSINESS. 

Several members addressed the Chair. 

Mr. WALLACE. The regular order is called for. 

0 The CHAIRMAN. The gentleman from Louisiana demands the regular order, which is equivalent to an objection to further requests for 

unanimous consent. 

Mr. ANDERSON, of Kansas. I submit that unanimous consent is 

the regular order. 0 

The CHAIRMAN. It is until some member objects. 

Mr. ANDERSON, of Kansas. Bills have been pa.ssed during the 

whole evening by unanimous consent, and now there are only a few of 'lli! left who have not enjoyed that courtesy. 

Mr. ROWELL. I want to ask unanimous consent, not to call up a bill but to print some remarks in the RECORD on a pension bill. 

!tir. TAULBEE. I object. 

The CHAIRMAN. Is there objection to the request of the gentle- man from Illinois to print some remarks in the REcoRD upon a pension bill? 

M:r. TAULBEE. Yes, sir; I object unless I know what they are 

about. 

Mr. ROWELL. I can not tell their substance until I have written 

them. 

Mr. WINANS. I move that the committee now rise. 

The motion was not agreed to, there being-ayes 9, noes 25. 

M:r. WALLACE. I demand the regular order of business. 

The CHAIRMAN. The Clerk will report the next bill. 

The Clerk read as follows: 

.A bill (H. R. 6162) granting a. pension to .Joseph Potter. 

Mr. BROWN, of Pennsylvania. There is no one who calls that bill 

np, and I therefore move it be passed over informally. 

The CHAIRMAN. The Chair recognizes the gentleman from Rhode 

Island [Mr. SPOONER]. 

Mr. WALLACE. I demand the regular order. 

The CHAIRMAN. The Clerk will report the next bill. 

The Clerk read as follows: 

.A bill (H.' R. 8828) granting a pension to Giles Wright. 

Mr. BROWN, of Pennsylvania. There is no one present to call up 

that bill! and I move it be passed over informally. 

The CHAIRMAN. The Chair recognizes the gentleman from Ohio 

(Mr. LITTLE]. 

Mr. LITTLE. I ask unanimous consent to substitute a Senate bill 

for that House bill. 

The CHAIRMAN. Is there objection? 

M.r. PERKINS. No objection. 

:Mr. WALLACE. I shall call for a quorum. 

Mr. TAULBEE. Let us have the Honse bill read. 

The bill was read. 

1\fr. WALLACE. Has the Senate bill been read? 

The CHAIRMAN. It has not. 

Mr. WALLACE. What is the Senate bill? 

Mr. LITTLE. It is a bill (S. 1838) to increase the pension of 

George R. Hooper. 

Mr. WALLACE. What is the gentleman's request? 

Jltfr. LITTLE. I ask for the consideration of this Senate bill in 

place of the Honse bill the title of which has been read. I will state 

that I was requested by the gentleman from l'lfassachusetts [Mr. 

LoNG], who is necessarily absent this evening, to ask for the consideration of that Senate bill. _I hope the House will grant unanimous 

consent to take it up at this time. 

A MEMBER. The Senate bill is not the same as the House bill. 

The CHAIRMAN. Is the claimant the same in each case? 

Mr. LITTLE. No, sir. 

The CHAIRMAN. It will not be in order to call up a Senate bill 

for a different person. 

Mr. BROWN, of Pennsylvania. I move that that bill be passed over. 

The CHAIRMAN. If there be no objection the House bill, the title 

of which was read, will be passed over for the present. The Chair hears no objection, and it is ordered accordingly. 

Mr. WALLACE. Is this Senate bill the same as the Honse bill? 

Mr. LITTLE. It is not. 

The CHAIRMAN. The Chair has ruled on that motion, and the 

House bill has been laid aside informally. There being no objection, 

the Clerk will read the_ title of the next bill. 

The Clerk read as follows: 

.A bill (H. R. 68~) granting a pension to Peter P. Hoffman. 

M:r. WINANS. I move that the committee rise. [Cries of ''Oh, 

no!"] 

Mr. CONGER. I ask for a division. 

The committee divided, and there were-ayes 19, noes 15. 

So the motion was agreed to. 

The committee accordingly rose; and Mr. V .AN EATON having taken 

the chair as Speaker p1·o tempore, Mr. RICHARDSON reported that the 

Committee of the Whole House on the Private Calendar had, according 

to order, had under consideration the special business set apart for this 

evening, and bad directed h1m to report back to the House sundry bills 

with various recoommendations, some with and some without amendments. 

Mr. NELSON. I ask, by unanimous consent, the vote be taken on all the bills together; first, on those to which there are no amendments, and then on those to which there are amendmenta. For instance, that the question on ordering the bills to be engrossed and read 

a third time shall be put on all the bills to which there is no amendments together and not separately. 

The SPEAKER pro tempore. The House has beard the motion. Is 

there objection to it? 

There was no objection; and it was ordered accordingly. 

BILLS PASSED. 

Bills of the following titles, to which there were no amendments, were ordered to be engrossed and read a third time; and being engrossed they were accordingly read the third time, and passed: 

A bill (H. R. 10021) granting a pension to Mrs. Mary Lathrop; 

A bill (H. R. 10795) granting a pension to Elenor C. Ransom; 

A bill {H. R. 8469) granting a pension to John Moran; 

A bill (H. R. 5345) for the relief of Mary J. Gilbert; and 

A. bill (H. R. 8486) granting a pension to Rebecca Morris. 

Honse bills of the following titles, reported from the Committee of 

the Whole with amendments, were severally considered, the amendments concurred in, and the bills as amended ordered to be engrossed 

for a third reading; and being engrossed, were accordingly read the 

third time, and passed, namely: 

A bill (H. R. 6732) for the relief of General SpeedS. Fry; . A bill (H. R. 7971) granting a pension to Mary Wood; 

A bill (H. R. 6188) for the relief of John A. Fagg; and 

A bill (H. R. 10473) granting a pension to William Reddick. 

The bill (H. R. 8311) for the relief of Betsy A. Mower was laid on the table, in accordance with the recommendations of the CQmmittee of 

the Whole. 

Bills of the Senate of the following titles, reported from the Committee of the Whole were seyerally considered, read the third time, and 

pa.ssed, namely: 

A bill (S. 2660) granting a pension to Annie E. Gardiner; 

A bill (S. 1384) granting a pension to Mathias Wondrack; 

A bill (S. 1627) granting a pension to Mrs. M. C. Miles; 

A. bill (S. 2286) for the relief of Albert C. Kelley; 

A bill (S. 2353) granting a pension to William Barden; 

A bill (S. 1626) granting a pension to John Reed, sr.; 

A bill (S. 785) granting a pension to George Ham; 

A bill (S. 2452) granting a pension to Rachael M. Pierpont; 

A bill (S. 2454) granting a pension to James S. Furniss; 

A. bill (S. 2479) granting a pension to Mrs. Adeline P. Loy ; 

A bill ~S. 2391) granting a pension to John G. Warren; 

A bill S. 2363) granting a pension to Marcel Gagnon ; 

A bill S. 1768) granting a pension to John D. Fincher; 

A bill (S. 2111} granting a pension to Jacob Smith; 

A bill (S. 2203) granting a pension to Mrs. Emily M. Swift, of Dexter, Mich. ; 

A bill (S. 2252) granting a pension to Susan A.. Duncan; 

A bill (S. 859) granting a pension to Charlotte O'Neill; and 

A bill (S. 2884) granting a pension to Mrs. Anna Etheridge Hooks. 

Senate bills Of the following titles, reported from the Committee of 

the Whole with amendments, were considered, the amendments agreed 

to, and the bills as amended read the third time, and passed, namely: 

A bill (S. 2218) for the relief of Lucy A. Washburne; and 0 

A bill (S. 2519) granting an increase of pension to Richard B. Rians. 
- ··. 

1887. CONGRESSIONAL RECORD-SENATE. 1391 

The bill (S. 1783) granting an increase of pension to George Bliss was indefinitely postponed, in compliance with the recommendation of the 

Committee of the Whole. · 

Mr. NELSON moved to reconsider the several votes taken; and also 

moved that the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

ORDER OF BUSINESS. 

1\Ir. PERKINS. Mr. Speaker, I think the bill I hold in my hand 

was passed over by mistake in the regular order while I was otherwise 

engaged. I ask consent, therefore, that it be taken up now and put 

upon its passage. It is a bill pensioning James Smithpeter, and I am 

satisfied there will be no objection to it. 

1\Ir. WALLACE. I think we have passed enough bills to-night. 

J\1:r. PERKINS. This bill was passed over by mistake. 

Mr. WALLACE. I must insist upon my objection. 

LEAVE TO PRli'i"T. 

Mr. ROWELL. I would like to renew my request to be permitted 

to publish some remarks in the RECORD upon a pension bill, which re- quest was objected to a short time since. 

Mr. TAULBEE. I withdraw my objection. 

The SPEAKER p ro tempore. Without objection the gentleman will 

be permitted to print remarks in the RECORD upon a pension bill. 

There was no objection. 

And then, on motion of Mr. WINANS. (at 10 o'clock and 35 minutes 

p. m. ), the Honse adjourned. 

PETITIONS, E'fC. 

The following petitions and papers were laid on the Clerk's desk, 

under the rule, and referred as follows: 

By Mr. BAYNE: Two petitionsofworkingmenofWood's Run, Pa., 

for repeal of internal taxes-to the Committee on Ways and Means. 

By bfr. BOUND: Petition of citizens of Harrisburg, Pa., favoring 

the repeal of all laws imposing internal-revenue taxes-to the same committee. 

By Mr .. C. R. BRECKINRIDGE: Petition of Henry Neal, for pay as messenger to the Speaker's room-to the Committee on Accounts. 

By bfr. BUNNELL: Petition of 240 soldiers and citizens of the 

:fi.freenth district of Pennsylvania, asking that a law be passed granting 

each soldier~ sailor, and marine a pensionof$8 permonth in accordance 

with the service-pension bill, or what i<g known as the Lovering billto the Committee on Invalid Pensions. 

Also, resolutions of Tobacco Exchange of New York, favoring repeal 

of revenue tax on toba<lCo-to the Committee on Ways and Means. 

By lli. R: H. M. DAVIDSON: Papers in the claim of W. W. Hull, 

of Clay County, Florida-to the Committee on War Claims. 

By lli. ERMENTROUT: Memorial of Tobacco Exchange of New 

York, for repeal of internal-revenue taxes-to the Committee on Ways 

and Means. 

Also, memorial of National Viticultural Association, for the passage 

of conference report on House bill 4833-to the same committee. · 

Also, memorial of Letter Carriers' Association, for the ;passage of the 

bill (S. 2076) for eight hours' duty-to the Committee on Labor. 

By Mr. FINDLAY: Petition of Freedman's Bank depositors of Baltimore, Md., for relief-to the Committee on Banking and Currency. 

By Mr. HAYNES: Petition of Edward B. Holt, for increase of pension-to the Committee on Invalid Pensions. 

By Mr. HEARD: Petition of citizens of the sixth district of Missouri, in favor of Senate bill1636-to the Committee on the Post-Office 

and Post-Roads. 

By Mr. J. S. HENDERSON: Resolutions pa.ssed at a meeting of the 

Western Virginia Tobacco Trade, favoring the repeal of the internal- revenue taxes on tobacco-to the Committee on Ways and Means. 

By Mr. HITT: Petition of James D. White and 14 others, ex-soldiers, of Stillman Valley, ill., for the passage of the bill (S.1886) re- lating to pensions and bounties-to the Committee on Invalid Pensions. 

By lli. LIBBEY: Petition ofenlistedmenoftheSignal Corps, praying for the passage of House bill 5190-to the Committee on Military 

Affairs. 

By ?)fr. LITTLE: Petition of William Arthur and others, for the 

passage of Senate bill1636-to the Committee on the Post-Office and 

Post-Roads. 

Also, petition of Q.. E. Kin.g and others, for change contemplated in 

House bill 5190-to the Committee on Military Affairs. · 

Also, petition of John Fenton and others, for the passage of Senate 

bill1636-to the Committee on the Post-Office and Post-Roads. 

By }.fr. LONG: Petition of Thomas D. Worrock, in relation to fortifications-to the Committee on Military .Affairs, . 

By Mr. McKENNA: Petition of E. M. Gibson and others, in favor 

of House billl0081-to the Committee on the Militia. 

By Mr. MILLARD: Resolution of Post No. 376, Grand Army of the 

Republic, of New York, in favor of the Edmunds-Tucker bill-to the 

Committee on the Judiciary. 

By Mr. OATES: Petition of Henry Sterne, of Union Springs, Bullock County, Alabama, asking reference of his claim to the Court of 

Claims-to the Committee on War Claims. 

By Mr. CHARLES O'NEILL: Resolution of the Drug Exchange of 

Philadelphia, favoring the passage of the James bill to regulate the 

commercial sales of goods, &c., by samples-to the Committee on Commerce. 

By Mr. PARKER: Petition of the Produce Exchange of the city of 

New York, in favor of coast defenses-to the Committee on Appropriations. 

By Mr. SCRANTON: PetitionofdruggistsofScranton, Pa.,forrepeal 

of internal taxes-to the C mmittee on Ways and Means. 

By Mr. SENEY: Memorial of G. E. King and many others, favoring House bill 5190-to the Committee on Military Affairs. · Also, memorial of Letter Carriers' Association, favoring Senate bill 

2076-to the Committee on Labor. 

By' Mr. STAHLNECKER: Petition of the Chamber of Commerce of 

New York city, favoring the completion of jetties in Charleston (S.C.) 

Harbor-to the Committee on Rivers and Harbors. 

Also, petition of members ofNew York Produce Exchange, favoring 

coast defense-to the Committee on Appropriations. 

By bfr. STORM: Petition of the Tobacco Exchange of New York, 

for the repeal of internal tax on tobacco-to the Committee on Ways 

and Means. 

By Mr. VOORHEES: Petition of the mayor and connell of Olympia 

and 47 o~her citizens, praying for an appropriation of money for the 

improvement of the harbor of Olympia, Wash.-to the Committee on Commerce. 

Also, petition of citizens of Yakima County, Washington Territory, 

for relief-to the Committee on the Territories. 

The following petitions, praying for the enactment of a bill provid· 

ing temporary aid for common schools, to be disbursed on the basis of 

illiteracy, were severally referred to the Committee on Education: 

By Mr. BRAGG: Of 109 citizens of Ripon, Wis. 

By Mr. BUCK: Of75 citizens of Windsor Locks, Conn. 

By Mr. J. E. CAMPBELL: Ofl46 citizens of Morrow, Ohio. 

By b1r. CASWELL: Of 67 citizens of Elkhorn, Wis. 

By Mr. ELDREDGE: Of26 citizens of Pittsford, Mich. 

By Mr. GALLINGER: Of C. P. Hall and 87 others, citizens of Hins .. 

dale, N.H. 

By Mr. GOFF: Of 68 citizens of Wellsburg, W. Va. 

By Mr. HALE: Of 61 citizens of SaliSbury; and of 172 citizens of 

Brookfield and Avalon, Mo. 

By 1\fr. JACKSON: Of the Presbyterian and United Presbyterian 

churches of Beaver Falls, Pa. 

By J\.:Ir. T. D. JOHNSTON: Of 158 citizens of Asheville, N. C. 

By Mr: LANHAM: Of 34 citizens of Merkel, Tex. 

By Mr. McADOO: Of172citizensofHobokenandJerseyCity, N.J. 

By Mr. MOFFATT: Of 33 citizens of East Bay, Mich. 

By 1\fr. SHAW: Petition of George W. Townsend, for the adoption 

of a new educational system. 

By Mr~STRAIT: Of 43 citizens of Gumbrota, Minn. 

By Mr. WEST: Of 25 citizens of Gloversville, N. Y. 

By Mr. MILO WIDTE: Of 57 citizens of Chester and Beaver, Minn. 

SEN .ATE. 

SATURDAY, February 51 1887. 

Prayer by the Chaplain, Rev. J. G. BuTLER, D. D. 

The Journal of yesterday's proceedings was read and approved. 

REPORT ON THE CONGO COUNTRY. 

The PRESIDENT pro tempore laid before the Senate a communica· 

tion from the Secretary of the Navy; which was read, as follows: 

NAVY DEPARTMENT, WtUh.ington, February 1. 1887. 

Sm.: In compliance with a resolution of the Senate of the 27th ultimo, I have 

the honor to transmit herewith a copy of a report submitted to the Navy Department by Lieut. E. H. Taunt, United States Navy, after completing q. six 

months' journey on the River Congo,Central Africa.. .Accompanying the report will be found certain documents, together with samples of materials likely to be used in the region of that river and specimens of the articles used as currency in the different localities specified in the accompanying memorandum. 

Should the report be printed, I have the honor to request that one thousand 

(1,000) copies may be supplied for the use of the Navy Department. · Very respectfully, your obedient servant, 

Hon. JOHN SHERMAN, 

President of the Senate. 

W. <J. WHITNEY, 

Secretary of tlw Na'l1tJ. 

The PRESIDENT pro tempore. If there be no objection, the follow• 

ing order will be made in respect to the communication: 

Ordered, That the letter of the Secret.ary oftheNavyanda.ccompanying docu· 

mentB be printed and referred to the Committee on Foreign Relations. together 

with the articles, ornaments, and coins a.ccompa.nying said letter, to be returned to the Secretary of the Navy. 

J