- ,. 

1876. CONGRESSIONAL RECORD. 847 

tion of the shipping act of 1872, title 53, Revised Statutes. He a ks 

leave to refer it without printing to the Committee on Commerce, in 

accordance with the request of the exchange. 

There was no objection, and it was so ordered. 

JOSEPH S. WILSON. 

On motion of Mr. LUTTRELL, by ummimous collBent, lea-ve was given to withdraw from t.be tiles of the House tbe papers in the case 

of JosephS. Wilson. 

And then, on motion of Mr. SPRINGER, (at five o'clock and fifteen 

minutes p. m.) the ;Honse adjourned. 

PETITIONS, ETC. 

The following memorials, petitions, and otherpapers were presented 

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

By Mr. G. A. BAGLEY: The petition o_f lake captains, for the con- struction of a harbor of refuge at the mouth of Big Sandy Creek, on Lake Ontario, New York, to t.be Committee on Commerce. 

By Mr. BALLOU: The petition of P. A. Holden, for pay for property 

destroyed by fire while occopied by United States soldiers, to the Committee on War Claims. 

By Mr. BARNUM: The petWons of citizens of Bridgeport, of South 

Norwalk, of Hawleyville, of New Miltord, of Newtown, and of Winchester, Connecticut, for the repeal of the stamp-tn.xon safety m:J.tches, 

to the Committee of Ways and Means. By Mr. CHAPIN : The petition of the Springfield and New London 

Railroad Company, for a.utl.tority to ma.intaiu a. bridge n.c'ross Mill 

River, at Springfield, Massa-chusetts, to the Committee on Military 

Affairs. 

By 1\Ir. DAVY: The petition of sundry citizens of t.he thirtieth 

congressional district of New York, for the repeal of the stamp-tax on safety matches, t-o the Committee of Ways a.nd Means. 

Also, the petition of citizens of Rochester and -Monroe County, New 

York, for the erection of a public building in Rochester, New York, 

to the Committee on Public Builclings and Grounds. 

By Mr. DURAND: The petitions of citizens of Mason and of Flint, 

Michigan, for the repeal of the stamp-tax on safety matches, to the 

Committee of Wa.ys and Means. 

Also, two petitions of citizen of Detroit, Michigan, for the erection 

of a bridge acros Detroit River at Detroit, Michigan, to the Committee on Commerce. By Mr. GOODIN: The petition of citizens of Kansa~, for post-routes 

from Burlington to Garnett and from Neosho Falls to \Villiamsburgh, 

to the Committee on the Post-Office and Post-Roads. 

By M..r. HALE: Papers rela.ting to the petition of Pett>r Campbell, 

for a pension, to the Committee on In valiu Pensions. 

By 1\Ir. HOLMAN: The petition of Andrew Steffen, for a pellBion, 

to the same cotnmittee. 

By 1\lr. HOPKINS : Papers r elating to the claim of Rhodes & Bagaley, a signees of McCloskey, Co grove & Co., to the Committee on War Claims. 

By Mr. HOUSE: The petition of J. W. Lawless, late captain and 

commissiouetl colonel of the Fifth Kentucky Cavalry, for additional 

pay, to the Committee on Military Alfairs. 

· By 1\Ir. HUNTON: Tho petition of John T. Armstrong and others, 

for payment of money allowed them by the souther!!- claims commission, to the Committee on War Claims. By 1-Ir. HYMAN: Papers relating to the petition of Richard Dillon, 

for pay for exb·a services as a sist.a.nt superintendent of the Hu.reau 

of Refugees, Freedmen and Abandoned Lands, to the Committee of 

Claims. 

By Mr. KERR : ThA petition of Keener, Zott & Ziseman, for relief 

from an alleged illegal a essment again t them by the Internal Rev- enue Department, to the Committee of Ways and Means. 

By Mr. KIDDER: The petition of 111 citizens of Dakota, for a postroute from Vermillion to Sioux Falls, in Dakota Ten-itory, to the 

Committee on the Po t-Office and Post-Road . AI o, the petition of C. Cavileer, and 00 other legal voters of Da.-

kota Ten-itory, residing in that portion of the Ten-itory north of tho 

forty-sixth parallel of latitude, for the organiza.tion of a Territory to 

be called Pembina, to the Committee on the Territories. 

By 1\lr. LAPHAM: Papers relating to the claim of Alonzo Snyder, 

to the Coml)littee of Claims. 

By 1\fr. MILLER: The petition of Caroline E. Thomas, for a pension, to the Committee on Invalid Pensions. 

Hy Mr. MOREY: A paper relating to a post-route from Delhi to 

Reedsville..t to the Committee on the Post-Office and Post-Roads. By Mr. o'BRIEN: The petition of the Baltimore Brid o-e Company, 

for additional compensation under a contract with the United States 

for building a bridge across the Mississippi River at Davenport, Iowa, 

to tho Committee of Claims. 

By Mr. O'NEILL: The petition of George W. Leruny, for a pension, 

to the Committee on Invalid Pensions. 

Also, the petition of Geors-e W. Lea.my, to be pla-ced upon the pension-roll, to the same comm1ttee. 

By .Mr. PHELPS: The petitions of citizens of New Haven, of Waterbury, of Wallington, of Moodus, of -Middletown, of Mystic Bridge, of 

Willimantic, Connecticut., for the repeal of the stamp-tax on sa.fety 

p1a.tche , to the Committee of Ways and Means. . By Mr. POPPLETON: The petition of citizens of Ohio, for a postroute from Ashley to West Liberty, to the Committee on the PostOffice and Post-Roads. By Mr. POWELL: The petitiollB of citizens of Nicholson, of Now 

:Milford, of Honesdale, of Tunkhannock, of Le Raysville, and of Montr ro'3e, Pennsylvania, for the repeal of the sta.mp-tax on safety ma.t<;hea, 

to the Committee of Ways and Means. 

By Mr. THROCKMORTON.: The petition of citizens of Texas, for a po t-route from Denison to Weatherford, Parker. County, Tex.'\61 

to the Committee on the Post-Office and Post-Roads. By 1\ir. TOWNSEND, of PenllBylvania: The petition of the State 

Temperance Union of Pennsylvania, James Black president, D. C. 

Babcollk secreta.ry, for a commission of inquiry concerning the alcoholic Jiqnor traffic, to the Committee on the Judiciary. 

Also, the petition of the quarterly meeting of the religiouR society 

of Friends of Chester County and vicinity, of sim' ar import, to tho 

same committee. By 1\Ir. TURNEY: The petition of citizens of Broad Ford and Tyrone, Pennsylvania, for aid in 'the construction of the Texas Pacific 

Railroad, to the Comm.ittee on the Pacific Railroa-d. 

By Mr. WELLS, of Missouri: Tho petition of Kendrick & A vis, for 

relief from an assessment by t.he Internal Revenue Department, to 

the Committee of Wavs and Means. 

By Mr. WHEELER: The petitions of citizens of :Malone, of Saint 

Lawrence, of Gouverneur, and of Colton, New York, for the repeal of 

the sta.mp-ta.x on safety matches, to the Committee of Ways and 

.Means. 

By Mr. WIGGINTON: The petition of C. W. Thacker and 144other 

citizens, of Santa Ba,rbara and Ventura Counties, California, for a. resurvey of the ranr.ho Rio de Santa Clara, and that certain lands in 

California be declared pLlblic lands, to the Committee on Public 

Lands. · 

By l\Ir. WILLARD: The petitions of bankers and business men in 

Baltimore, Maryland, in New York City, in Brattleborough, Vermont, 

and in New Hampshire, reb.ting to Dana.. Bickford's plan of interna.-

tional coinage, to the Committee on Coinage, Weights, n.nd Measures. By Mr. A. S. WILLIAMS : Two petitions of citizens of Detroit, for 

the erection of a bridge across the Detroit River, to the Committ-ee on Commerce. 

By Mr. WOOD, of New York: The petition of James Trainor, for a. pension, to the Committee on Invalid Pensions. 

IN SENATE. 

THuRSDAY, February 3, 1876·. 

Pr~yer by tho Chaplain, Rev. BYRO~ SuNDERLAND, D. D. 

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

HOUSE BILL REFERRED. 

T~1e bill (H. R . No. 1796) to grant an American register to the Hawaiian bark Arctic was read twice by its title and referred to the Committee on Commerce. · 

EXECUTIVE CO:\:IMUNICATION. 

The PRESIDENT pro tempore laid before the Senate a communication 

from the Secretar.v of the Int.erior, transmitting, in answer to a s~m

ate resolution of Ja.nuary 31, 1876, information in relation to the tax- ation of lands granted to States and corporatiollB; which was re- ferred to the Committee on Public Lands, and ordered to be printed. 

PETITIONS .AND MEMORIALS. 

The PRESIDE:NT pro temporeprcsented the petition and resolutions 

of a meeting of vwrkingmen of the city of' Detroit, Michigan, held 

J auuary 15, 1i:IT6, praying for the repeal of the resumption act; 

which was referreu to the Committee on l<'inance. Mr. PATTERSON pre en ted the petition of A. 1\f. Blake, praying 

compensation for losses sustained by him during the late wa.r; which was referred to the Committee on Claims. 

Mr. SHERMAN presented a petition of citizens of Kentucky. praying for the repeal of the two-cent stamp tax on bank-checks; 'which was referred to the' Committee on Finance. 

Mr. SPENCER presented the memorial of Jones M. Withers, attorney for the Mobile Marine Dock Company, a king payment for the 

occupation and use of property and material of that company by military authorities of the United States; which was refen-ed to the Committee on Claims. Mr. CHRISTIANCY. I present the petition and resolutions passed 

at a meeting of workingmen of the city of Detroit, Michigan, in fav- or of the repeal- of the specie resumption act, so called. In presenting these resolutions I wish to say that for myself I do not agree 

either in the premises or in the conclusion of the resolutions. I move their reference to the Committee on Finance, hoping that they will 

take the resolutions into serious consideration. · . The motion was agreed to. 

Mr. CRAGIN presented the petition of Secor & Co., and Perine, Se- cor & Co., praying compensation for losses sustained through the 

action of the Government in building certain ve~5sels of war and in 

relation to sundry payments received by them ns extras on these 

vessels; which was referred to the Committee on Naval Atf'airs. 
848 CONGRESSIONAL RECORD. .FEBRUARY 3, 

Mr. CRAGIN. I also present the petition of Samuel S. Smoot, 

president of the Southern Maryland Railroad Company, praying for 

tho passage of a law guaranteeing the interest on the bonds of that 

railroad company. I move that the petition be referred to the Committee on Railroads, and I am requested to move also that it be printed. 

The PRESIDENT pro tempore. The petition will be referred to the 

Commit.tee on Railroads and be printed, if no objection is made. 

Mr. SHER~LUf. To print a petition is contrary to the rule unless 

for some special reason. I object to its being printed unless the Senator from New Ramp hire can state a good reason, as an exception to 

the rule, why it should be printed. · The PRESIDENT pro tempore. Objection being made, the motion 

to print will be ref~rred to the Committee on Printing. 

l\lr. INGALLS presented the petition of J. F. Lamb and several 

other cit.izens of the State of Kansas, praying the passage of Seuate 

bill No. 33 for the relief of certain settlers upon homestead and preemption lands; which was referred to the Committee on Public Lands. 

Mr. KELLY presented the petition of the board of county commissioners of Walla Walla County, Washington Territory, praying Congress to annex that county to tho State of Oregon; which was re- ferred to the Committee on Territories. • Mr. ROBERTSON. I present the memorial of the Washington 

Light Infantry of South Carolina and the Clinch Rifles of Georgia, 

asking Congress to authorize the Secretary of War to issue through 

the governors of their respective States two hundred and forty improved breech-loading rifles, for the use of their commands, to enable 

those companies to participate in celebrating tho national centennial 

in Philadelphia on the 4th of July, 1876. I moye that this memorial 

be referred to the Committee on Military Affairs. 

The motion was agreed to. 

1\lr. RANDOLPH. I present a concurrent resolution of the Legislature of New Jersey, relating to the surplus revenue distributed for 

the use of the States in 1834. I ask that the resolution be read and 

referred to the Committee on Finance. 

The PRESIDENT pro temp(}re. The resolution will be reported if 

there be no objection. 

The Chief Clerk read as follows: · 

Whereas the treasurer of the Srote of New Jersey, in his report of credits ann secmi ties belonging to the State fund, reports bonds of the several counties of the 

St.ate for the sm·plus revenue of the United St.'ltes $764,670.44, which stand on his 

books as a loan to the cotmties and due the State, and the United States Treasurer holds certificates against- t.he State of New Jersey for the &'l.me, which stanus charged on the books of the United :states Treasurer with that amount, showing an inclebtedness of this State to the United Sta.t.es for the amount named above ancl 

the treasurer of this State ha~ reported annually for nearly forty years these s~cur­ ities, showing no interest paid by tho counties 'to the State, neither has there been 

any interest paid by the State to the United States on the same; and whereas the 

saiu securities due by t-he counties to the State are for the amount of surplus reve- nue depo ited with tho State of New Jersey under an act of Con!ITe.<~s of June 23 

1836, ordering" that the money which shall be in t.heTreasuryoftho Unitecl States on t.be Ist day of Januar_y, 18a7, reservin~ the sum of 5,000,000, shall bo deposited with the several States m proportion to their rP-spective representation in t.he Sen- ate and House of Representatives of the United States;" and whereas the SLate of 

New Jersey under sa1d act recei vecl as her proportitm of the saiclsurplus revenue the sum of 76l,fi70.4t, aD(! clistrilmted the same amono- the counties of tho State on the 

ratio of lheir valuations for taxation, receiving their bonds for the &'l.me · and whereas no call ba. ever been made upon this State or upon any ot.hcr of tho States for the return of this money so tlepo ited; and whereas, in the settlement of the claims of 

this State a:,rainst the Trea:mry of the Unitecl State.'i for exponsc;s incnrrec.l in raising ancl forwarding trOOJ)S during the late unhappy civil war, no offset was claimed 

by the United States Treasurer on account of tho said money so deposited with this 

State in 1837, the same course having been pursue<l with the otber Sta.tes, aml in no ~ase any claim malle for credit or offset on account of said money so deposited; .and whereas the general opinion was at the time the law was enacted, and still is, 

that the said deposits were only so in name, but in realit.y was a distribution of an excess of taxation levied upon the people of the United State.'!; (in the debate in 

Coni!:J·ess at the time the a{}t was under consideration it was spoken of as "returnin" these deposits to t-he people by whom they were paid," and was treated as a "distribution in its consequences,'' and, said a member, "it is viewed as an indirect 

distribution, those who voted for it considering it a mere deposit measure;") and 

whereas the said money so deposited still appears on the books of the Treasurer of 

the United States a8 a charge al!ainst the several States and as an available fund at command of the United States Treasur.v: Therefore, 

Be it re$iolved1 That our Senators and R-epresentatives in Congress be requested to present the tollowing resolution for action IJy Congress and use their intluence 

for its pa'sage: •'Whereas the thirteenth section of the act of Conl;l'ess of June 23, 1836. was so construed at the United States Treasury as authorizmg a deposit with the States 

of that amount of money from the Treasury, which amount has, since saicllleposit was made, been included in the balance of the Treasury hom year to year: Therefore, 

"Re it resolved by the Senate and House of Representatives of the United States of .A.mericain Congress assembled. That the Secretary of the Tre.'1sury be and hereby 

is, authorizecl and directed to cause the proper entries to be made on the books of 

the Department to relieve the several States from all liability to the Government on account of tho re pective amounts deposited with them in accordance with the 

provisions of said act." 

Resolved, That a copy of these resolutions, signed by the governor, be sent to each of our Set.ators and Representatives in Congress, to be presented to their re- spective bodies. 

J. D.BEDLE. · Gov~. 

The resolutions were referred to the Committee on Finance. 

The PRESIDENT pro tempore preSfflltecl a memorial of the Legislature of Iowa, asking legislation by Con~ress in favor of a commercial 

highway by water between the Mississippi River and Lake l\1ichigau via the valleys of the Fox and ·wisconsin Rivers; which was re- fen-ed to_the Committee on Commerce. 

He also present-ed a preamble and resolut.ions of the Maritime Exchange of Philadelphia, relative to the proposed mollification of the 

shipping act of 1872, title 53, of the. Revised Statutes; which were referred to the Committee on Commerce. 

REPORTS OF COMl\HTIEES. 

Mr. CRAGIN, from the Committee on Naval .Affairs, to whom was referred the bill (S. No. 123) for the relief of Philip S. Wales, meclica.l 

inspect.or in the Unite(l States Navy, rep.orted it without amendment, 

ancl submittocl a report thereon; which was ordered to be printed. 

1\Ir. WITHERS, from the Committee on Pensions, to whom was re- ferred the bill (S. No. 89) to amend the act entitled ".An act granting 

pensions to certain soldiers and sailors of the war of 18l:J and the 

widows of deceased soldiers," approved February 14, 1b'71, and torestore to the pension-rolls tho 'e persons whose names were stricken 

therefrom in consequence of disloyalty, reported it with a.n amendment. 

He also, from the same committee, to whom was referred the bill 

(S. No. 205) authorizing the Commissioner of Pensions to pJace upon 

the pension-roll the name of the widow of Captain David Ritchie, 

submitted an ad\"ersereport thereon; which was ordered to be printed, 

and the bill was postponed indefinitely. 

He also, from the same committee, to whom was referred the petition of Henry Cunningham, praying to be allowed a pension, submitted an adverse report thereon; which was ordered to be printed, and 

the committee was discharged from the further consideration of the 

petition. · He also, from the same committee, to whom was referred the peti- . tion ?f Fleming. Crump and William Williamson, praying to ue allowed 

penswns, submtttetl an adverse report thereon; which was ordered 

to be printed, and the committee was discllarged from the further con- sideration of the petition. 

1\Ir. WITHERS. The principl(\ involved in ali of t.hese ca es is tho 

same, that these parties have never applied to the Pen ion Bureau for 

pensions, and the committee therefore ask to be reJieved from the 

further consideration of the petitions in orcler that they may be re- ferred to the Commissioner of Pensions. 

1\lr. BOOTH. I am directed by the Committee on Pensions, to whom was referred the bill (S. No. 1&!) granting a pension to Patten;ou 

1\IcNutt, to report it adversely. .At the request of the Senator from 

Indiana [Mr. l\loRTO~] I ask that the bill be. placed Dl)On the Calendar. 

The PRESIDENT pro tempm·e. The bill will be placed upon the 

Cll.lendar vvith the a-dverse report of tho committee. 

BILLS DiTRODUCED. 

1\Ir. SPENCER a ked, and by unanimous consent obtained, leave to 

introduce a bill (S. No. 395) for the relief of the Mobile Marine Dock 

Company; which was rea(l twice by its title, referred to the Committee on Claims, and ordered to be printed. - Mr. CRAGIN asked, and by unanimous consent obtained, leave to 

introduce a bill (S. No. 39o) to aid in the construction .of t.he South- ern :\laryla.ml Railroad, and for other purroses; which was read 

twice by its title, referred t.o the Committee on Railroads, a,nu or- derecl to be printed. 

Mr. MORTON asked, and by unanimous consent obtained, leave to 

introduce a bill (S. No. 3!J7) for the relief of .Andrew 1\I. Banks; 

which was nmd twice by its title, and, with the accompanying papers, 

referred to the Committt.e on Pensions. 

PAPERS WITHDRAWN AND REFERRED. 

On motion of 1\lr. DAVIS, it w:tS 

Ordered, That the petition and papers in the case of E. M . Hart be taken from 

the files of the Senate a.nd referred to the Committee on Claim8. 

Mr. D.A VIS. I also present a letter relating to this case, which I move be referred to the Committee on ClairuH. 

The motion was agreed to. 

On motion of 1\lr. CRAGIN, it was 

Ordered, That the memorial of John Holroyd be taken from the files of the Senate 

and referred to the Committee on Naval Affairs. · 

On motion of 1\lr. INGA-LLS, it was 

Ordered, That the papers in the case of Anton Tschndi betaken from the files of 

the Senate and referred to the Committee on Pensions. 

POT0:\1AC AQUEDUCT BRIDGE. 

1\lr. ROBERTSON submitted the followin~ resolution; which was considered by unanimous consent, and agreea to: 

Resolved. That the Secretary of War bo directed to detail as early a.s possible an officer of engineers to mako an examination of and report upon the present cpncli- tion as respects safety a01l permanency of the Aqueduct bridge over the Potoma.o 

River at Georgetown, District of Columbia.. 

GOVEiu.TME~T 6F THE DISTRICT OF COLIDIDIA. 

1\Ir. HITCHCOCK submiLted the following resolution; which waa considered by nnaniruons consent, and agreed. to : 

Resolved, That the Committee on the District of Columbia. be instructM to inquire into the el.."JJOdiency of providing a proper form of government for the District of Columbia, with leave to report by bill or otherwise. 

DISTRICT 3.65 BONDS. 

?tlr. CLAYTON. I now ask to take up tho unfinished bnein{'SS 

pending at the conclusion of the morning hour yedterday. 

1\Ir. EATON. I ask the Senator from Arkar..das to give way to me for a moment in order to enable me to introduce a resolution that will. 

not take time I should like to h:wc it read. 
1876. CONGRESSIONAL RECORD. 849 

Mr. CLAYTON. Does the Senator from Connecticut desire action 

upon his resolution t 

Mr. EATON. I do w3iJ.t action on it. I hope there will be no objection to it; but an objection of course will throw it over. The PRESIDENT p1·o tempm·e. The Chair will receive the resolution of the Senator from Connecticut subject to objection. The Secretary will read it for information. 

The Chief Clerk read as follows: 

Resolved That any further issue of 3.65 bonds authorized under or by virtue of 

the act of' Congress approved June 20, 1874, is hereby prohibited, any law to tlle 

contrary notwithstanding. 

Mr. CLAYTON. Mr. President--

Mr. EATON. I only wish to say a word. Let me give the reason for offerin.g the resolution, even if no vote is taken upon it. 

:Mr. CLAYTON. I think it very clear it cannot be passed this 

morning. That question is really before the Senate in another shape. 

Mr. SHERMAN. That subject will come up regularly at one o'clock. 

l\lr. EATON. I ask the Senate to hear my statement; and then, if 

debate occurs on a resolution of this character after my statement, of course that will carry it over. Mr. President, I desire to inform the Senate of a certain state of 

facts, and if these facts are correct I apprehend there will be a unan- imous vote given to my resolution. I obtained these facts from such a source as induces me now to say to the Senate that I have no more doubt of their truth than I would have if one of my brother Senators 

should assure me of the fact. One week ago to-day, as I am informed 

and be lieve, a resolution was passed by the board that has power to 

issue these 3.6!) bonds that no more should be issued for one week, 

supposing that that time would cover the examination of this question in the House of Representatives and in the Senate. That about 

that time such a resolution wa-s passed I entertain no doubt. In defi- ance of that resolution pa-ssed by that board, since last Saturday morn- ing, more than $100,000 of these bonds have been issued, as I am informed, not only in violation of the resolution which was passed by 

the board, but in violation of the will of the Congress of the United ~te. . 

Mr. SARGENT. Was that done by the funding commissioners f 

Mr. EATON. I have stated to the Senate that it was by the board 

which has the authority to issue theso bonds. 

Mr. SARGENT. That is, by the funding commissioners, I believe, one of whom is W. W. Corcoran. 

Mr. EATON. I am not here to give the name of any gentleman. 

I am here to state on my honor as a Senator that I believe everything that I have said to the Senate. I say m violation of their · own resolution, in violation of the will of the Congress of the United 

States, and in violation of the law regarding working on the Sabbath, 

if there be any such law in the District of Columbia, they have gone on and issued these bonds. I now ask that the resolution may be 

put upon its passage. 

Mr. CLAYTON. I call for the regular order. 

The PRESIDENT pro tempore. Objection being made, the resolution goes over. 

PUBLIC LANDS IN SOUTHERN STATES. 

The Senate, as in Committee of the Whole, resumed the consider a- tion of the bill (S. No. 2) to mpeal section2.'303 of the Revised Statutes 

of the United States making restrictions in the disposition of the 

public lands in the States of Alabama, Mississippi, Louisiana, Arkan- sas, and Florida, the pending question being on the amendment of 

Mr. THURMAN to insert at the end of the first section the following proviso: · 

Provided, That the repeal of said section shall not have the effect to impair the 

right, complete or inchoate, of any homestead settler; and no land occupied by 

such settler at the time this act shall take effect shall be subject to entry, pre- emption, or sale. 

l'tfr. BOGY. l'tfr. President, fearing that this fiill may be defeated 

because both its object and its effect are much misunderstood, I will 

detain the Senate but a moment to explain it. 

The object of the bill is simply to restore the public lands in the 

States named therein, namely, in Alabama, Mississippi, Al.·kansas, 

Florida, and Louisiana, to the exact condition that the public lands 

in the other new States are to-day in Missouri, in Kansas, in Iowa, in 

Nebraska, and so on. I think there can be no objection to the bill if 

it is understood. It is simple, and it is just. Formerly the public 

lands in all the new States were in the same precise condition as to 

the ability of any person to enter those lands at private entry at the 

minimum price of a uollar and a quarter an acre. After a time the 

pre-emption system was established, which pervaded all these new States equally and alike. Then warrants were issued to the soldiers 

who had served in the different wars of the Republic, and they were t o be located on the lands of the Government in all the new States 

alike. Then the homestead law was established, and that was to 

affect the new States all alike. 

A short time after the termination of the late war, when the slave 

population had been emancipated, it was believed by a majority of 

both branches of Congress that, as that population had no real estate 

in the different States where they were living, it was necessary to 

prevent these lands from being entered either at private sale or under 

pre-emptions or by £be location of land warrants, and to reserve them 

all to be disposed of in the way of homestead entries, the evident inIV-54 

tention being to secure the lands in the States named for this recently 

emancipated population. While the motive was commendable and 

the object wa-s benevolent, to ~mabie that class of people who heretofore had no real estate to secure re'al estate, yet the whole policy was .founded in very great error and also very great injustice to the States 

therein named. It then provided by an amendment to the homestead 

law, which is very incongruous and which must have been adopted 

without much discussion, that so far as the States named were con- cerned no public land could be entered or disposed of in those Statbs 

except in the way of homesteads, believing that the quantity of land was small, and that there was no more in those States than would 

supply the legitimate demand of the colored population.· This was a great mistake; it was a mista~e then, and it is a mistake now. If 

every colored man of the South was to-day provided with one hundred and sixty acres of land, there would yet be millions of acres to 

be entered. But this excess, as it stands now, caunot be entered. 

You cannot buy an acre of public land in Alabama, or in Arkansas,· or in Louisiana, or in Florida. The consequence is that the va-st public domain there remains undisposed of, to the detriment of the Federal Treasury and to the great detriment of those States. 

Now, sir, those States, as we know, are in a very depressed condition financially. Nothing can ever relieve them, nothing can raise 

them from their greatly depressed condition, except an augmented 

population. Yon have taken away the whole inducement for immigration to them. It is true that a poor man can go to ~,lorida or Alabama and locate his homestead; but there are many other persons 

who would like to go to those States who do not choose to go andreside upon public lands for five years. A man to get a homestead has 

to go on his one hundred and sixty acres of land, make a location in 

good faith, and remain consecutively upon that land for five years, 

before be can acquire title. The result is that the lands in all those 

States remain undisposed of. 

The object of this bill is simply to place the lands in those States 

in the sam~ condition that they are in my State; that is, that they can be entered at a dollar and a quarter an acre; that pre-emptions can be 

located, and that land warrants can be located, and that homesteads can be located a-s they are now. The amendment of the Senator 

from Ohio is evidently founded in error. His object is to protect per- sons who have already as it were initiated their homestead rights. 

This bill does not affect them at all. Persons in those States who 

have taken any step toward securing a homestead are not affected 

by this bill. This bill does not reach the question of homesteads in 

any shape or form. It only says that in addition to homesteads, lands can be acquired in those States also by entry at a dollar and a quarter an a~re and by pre-emption and by location of land warrants. 

Why should it not be so Y 

If we deprived the colored population of the ability of securing 

homes by the location of homesteads, perhaps it would be wen toretain the law as it is now; but such is not the fact. There are mill- ions of acres of lands in those States beyond what they can want at 

any time. They never can take them. 

Mr. INGALLS. Would it interrupt the Senator if I were to ask if 

he can inform the Senate what proportion of the area of the States na~ed in this bill remains public domain and open topre-emptionor 

homestead entry Y · 

Mr. BOGY. I cannot give a definite answer. All I know as a general f~ct is that there is a very large quantity of public lands yet re- maining in the State of Florida, perhaps one-half the whole area of 

the State; also in Alabama; not so large in Louisiana or Mississippi, 

and yet very considerable in both those States; and a very large proportion in the State of Arkansas. I will state this fact beyond the 

possibility of . being contradicted, that there is more land in each and ·all of these States twice, three times, four times over than can be 

taken by the colored population if every ohe of them made a location 

of one hundred and sixty acres of land. . 

This law is perfectly ruinous to those States. I know in regard to 

the State of Arkansas where mineral developments are being .brought 

to light every day, persons have come to Saint Louis to obtain capi- tal to purchase lands in .Arkansas for the purpose of going into mining operations, and they have not been able to secure the land be- cause there is only one way to· get land in Arkansas, and that is by 

going on on(} hundred and sixty acres of land, living upon that tract, 

and taking an oath that you intend to remain on that land. The 

consequence is that persons who desire to become purchasers for the purpose of going into mining operations and of developing the resources of that State are precluded; aud this keeps these States in a sau condition all the time. If this be charity, (and it was meant to be 

charity, and the motive was commendable,) it was, to say the least 

of it, charity provided for one set of persons at the expense of an- other. It is not the charity commended by the law; very far from 

it. It ·is not charity that goes from your own purse and your own means. It was charity at the expense of these States because it prevented emigration going to those States. 

The bill is simple. The reason why I have felt it my duty to say 

anything on the subject now is because last year the same bill passed 

the House, and it came t'O the Senate; but owinO" to a misapprehen- sion that there was something wrong it it, and Senators not investigating the matter, it was defeated. Now, I say it is a just measure. Mr. CLAYTON. The Senator is mistaken about the bill having 

been defeated in the Senate. It was reported back from the <;Jom-
850 CONGRESSIONAL RECORD. FEBRUARY 3, 

mittce on Public Lauds favorably; but there were other provisions, covered. with a very valuable variety of timber. The only timber in 

very large provisions, in 1·elation to other portions of the laws relative our State that is valuable, or likely to become valuable, is pine timto the sale of lands: incorporated with this provision, and it failed to ber; but the pine timber on these lands is rather spa1 e. The trees 

receive action. There was no actit911 by the Senate upon it. themselves are lru·ge, but the growth is sparta. 

Mr. BOGY. I understood that to be a fact, but I desired to make Mr. INGALLS. Is the land "fit for agriculture t 

my speech very short and did not go into the explanation in detail; l\Ir. CLAYTON. I said yesterday that it was not. Any one who is 

but the same provision was in that bill. The bill was amended, and familiar with that character of land will at once understand that it we were not able to strike off the amendments because the subject is not; and there are Senators here who have passed through Arkan- was not understood. sas and who, visiting the State, have seen these lands. Tbey can state 

Now, sir, to conclude my remarks, the whole effect, the whole ob- themselves, if they desire to do so, the character of the lands they 

ject, the intent of this bill, is merely to say that public lands in Louis- discovered in passing through the State. Of course, o far as the 

ian a, in Alabama, in Mi sissippi, in Florida, and in Arkansas shall character of land in other Southern States is concerned, I cannot speak 

be hereafter liable to be purchased at $1.25 an acre or can be taken as to all of my own knowledge, bnt I learn_ on reliable information 

up with land-warrants in the same way that public lands can be taken that those lands are of the same character. 

up in Missouri, Iowa, and other States that have public lands; and Mr. ALCORN. Mr. President, I will offer a word in support of the 

the persons who have located homesteads in any of these States are measure of the Senator from Arkansas, and I will speak entirely of my 

in no way, shape, or form, in the most distant manner imaginable affec- own State. It was said yesterday by the Senator from Vermont not 

ted by this bill at all. It opens the gate to emigration to these States, now in his seat [Mr. EDMUNDS] that it was in consideration of the 

which certainly ought to be done. helpless condition of the colored people of the South that this homeThe bill ought to pass, and the amendment of the Senator from Ohio stead law was applied in its present form to the five St.<ttes mentioned. 

is entirely unnecessary, and of course should not be adopted. I re- It is true that the colored people were in a very helpless condition. 

member he said to me yesterday if it does not affect the bill why not Four million of those people were emerging from slavery. Mado free 

pass it 'I That is not the way. The question is affirmative. Does and brought into the bright sunli~ht of liberty, they came without 

the bill provide anythin~ which the amendment goes to modify t It- even a title to the clothes upon their backs, and they had not even a does not. It does not affect homesteads; homesteads remain the same mouthful of food, and they had not an acre of land. They had not ·a as they are now. · roof with which they could cover their heads. Congress in its mercy, so Mr. McMILLAN. I should like to ask the chairman of the com- far as Mississippi is concerned, when these people held U!ltheirhands 

mittee who reported this bill, for my own information, whether they and asked for bread, gave them in return a pine lot in the 1'orn1 of · a considered particularly the effect of the repeal of this section in view homestead law. I am not undertaking to reflect upon the Governof section 12 of chapter 2 of the Revised Statutes, which provides ment, for I know very well its condition and the peculiar condition of 

that- the colored people. It was a dilemma; and doubtless tho e who voted 

for this law supposed they were giving the colored people in the State 

Whenever an act is repealed which repealed a former act, such former act shall of Mississippi an opportunity whereby they could secure to themselves not thereby be r evived unless it shall be expressly so provided. 

I should like to know whether the committee have looked at the 

effect of the repeal of this section in view of the section to which I 

have refeued, so that we shall be assured that the right of pre-6mption and the right of private entry exist together if this section shall 

be repealed f 

!tlr. WINDOM. I will say to ·my colleague that the particular queStion which he presents was never discussed, I believe, in the committee; at least not within my recollection. But as the section repealed 

is only a restriction upon a former law, I cannot conceive that there 

is any difficulty in respect to what he states. It was not discussed 

before the committee, however. I cannot answer what view .the com- mittee took of it. 

Mr. McMILLAN. I a-sked the question for information, so that 

there may be no mistake. 

Mr. BOGY. Will the Senator pardon me7 I think this would be 

the effect of it, and I am very clear on that point: The amendment 

which is now attempted to be repealed by this bill is to the homestead 

law. That homes~ead law provided for the location of homesteads 

in all the States having public lands. This amendment excepted a few of those States. By repealing the amendment which excepted 

those States the law remains in operatio~, and includes and covers all the States having public lands. I think that is clearly the effect. Mr. WINDOM. This restrictive act simply withdrew from the operation of the general laws the public l:mds in those States. It seems to me that repealing that act of withdrawal or restriction will cer- tainly leave the lands as they were before, subject to the generallaws; 

but I only give my own opinion, which is not worth so much as that 

of my colleague on such a subject. 

Mr. McMILLAN. I express no opinion in regard to the effect of the 

repeal. · Mr. INGALLS. I desire to ask the Senator from Arkansas if he can furnish the Senate with the information that the Senator from Missomi said he was unable to give, in regard to the area of the public 

lands remaining undisposed of in the five States named in this bill. 

Mr. CLAYTON. I can, as I have received it from the Land Depru·tment. The entire area of the State of Arkansas is 33,406,720 acres; 

the entire area remaining undisposed of and still held by the Government, independently of railroad grants, amounts to 8,880,700 acres. Mr. INGALLS. About 25 per cent. 

Mr. CLAYTON. About 25 per cent. in Arkansas. In Louisiana the 

entire area of the State is 26,461,440 acres; and there remain unsold, 

independent of railroad grants, 5,884,888 acres. Mr. INGALLS. What per cent. is thatt 

Mr. CLAYTON. About 20 percent. In Mississippi the entire area is 30,179,840 a-cres. There remain undisposed of 4,263,520 acres, or about 14 per cent. In Alabama the entire area is 32,462,080 acres; 

undisposed of, 4,u37,80 acre~ about one-eighth, or 12 per cent. In 

Florida the entire area is 37,~31,520 acres; undisposed of, 16,946,426, or nearly one-half. 

Mr. INGALLS. Is it the understanding of the Senator that the 

gr at portion of this land is what is known a.~ timber land 7 

Mr. CLAYTON. It is. 

Mr. INGALLS. What species or variety of timber Y . 

MT. CLAYTON. In my own State, Arkansas, the bulk of it is cov- ercu wit l.l pino and a kiud of scrub oak. Some portions of it are cov- eTed wit h oak, bnt t hat portion which has not got pine upon it is not 

homesteads. Now the fact exists that, in Mississippi, the lands that were offered to the negro as a homestead had been, under the graduation laws of the Government of the United States, reduced down to 

twelve and a half cents an acre and had been held for a num er of 

years at twelve and a half cents an acre and were not entered, at a time, too, when the lands in Mississippi were worth, I am scarcely able 

to compute the per cent. but I will say, immea urably more than 

they are to-day. For example, land in the district in which! live that was selling for $50 an acre when the war began, can be bought to-day 

much of it for $5 an acre. I have known some of it to sell for 2.50 an acre, and this is improved land, land that had been entered for forty 

years and that had become the subject of cultivation. This, however, is owing to the imperfect levee system we have, by which that 

land and the most productive and fertile regions of the country have 

become subject to annual inundation. I will not, however, elaborate 

upon this branch of the subject, but will go mQre directly to the 

point. . In the tributaries of Pearl River, bordering on the Gulf of Mexico, 

upon the southern border of Mississippi, there are large areas of valuable pine land. The timber interest in that country has devoloped 

since the close of the war. These ln.nds are not fit for cultivation. 

They are sterile, and they are only valuable for the timber. While I 

had the honor to act as governor of Mississippi, I called the attention 

of the Government authorities to the fact that this land was being 

depredated upon by various persons engaged in floating timber to the .mills. Hundred of acres perhaps were being denuded each year. I 

sought to inaugurate some system of prosecution on the part of the 

government of Mississippi, whereby these people would be hindered 

and whereby they would be restrained from their pecutat.ions upon 

the lands of the Government of the United States. This being, however, the property of the Government of the United States, and not 

the property of Mississippi, and the General Government having its own laws for the protection of its own property, I found that I was unable to do what I proposed. I called the attention of the GQverument authorities to the matter, and upon one occasion did succeed in ·having an agent sent there, having already had an agent put there on the part of the State of Mi issippi, but the whole thing resulted 

in this : The influences were very large, and it was impossible to do 

anything at alL The mill-owners did not stop to inquire whore the 

timber came from out of which they made their lumber, and the men engaged in rafting timber had each perhaps forty or sixty acres of 

land along the tributaries of some of these streams, and upon that 

they could float and deliver any quantity of timber that might be 

desired. Men from various portions of the United States were en- gacred in this timber business. 

Now, so far as Mississippi is concerned, I do not know that my State is particularly interested in this law, for certain it is that there has 

been no considerable quantity of land entered there under the home- stead law; and if it was to remain on the statute-book for fifty years to come I doubt if as ruuch as five thousand acres would be taken 

under it. But I may be mistaken in this. The interest, however, to 

the Government lie in thi · : If this land was made subject to ent1·y it would be entered by those who would desire to speculate upon the timber~ this would bring about a competition in the way of the entry 

of the laud and it purchase from the Government of the United 

States. That would bring revenue to the Government; wheTeas if 

the present law remains the timber will be taken, the land will be 
1876. CONGRESSIONAL RECORD. 851 

stripped, and will be valueless upon the hands of the Government. 

That is just about the effect it will have. 

I will vote for the bill for the reason that I think this kind of pec- ulatin~ and plundering of the public lands ought to be suppressed, 

for it IB demoralizing, and men ought to be taught that they must own property before they undertake to despoil it. From the fact that 

the timber is valuable I have no doubt that there will be large 

entries made for the purpose of using the timber. At the mouth of 

Pearl River there are a great number of mills that have risen up since 

the war; these mills are t.ributary to the Government lands, or the 

Government lands are tributary to the mills·; they supply them with 

the timber. Now, if you pass this bill, the Go~ernment will get pay 

for the land at a dollar and a quarter an acre.. If you do not pass 

the bill the peculation upon the public timber will go on, unless you can inaugurate some system for the arrest and punishment of the people who are engaged in this, and their numbers I am told are great- some system I mean that I have not been able to find which would be 

at all practicable. 

I shall be very glad myself, for the 1·easons I have stated, that. the 

bill shall pass. ·So far as the colored people are concerned, so far as the poor of the State are concerned, the present law amounts to 

nothing. 

Mr. INGALLS. Mr. President. I have no desire to retard the settlement, delay the p<>pulation, or interfere with the prosperity of the 

Southern States, particularly of those named in this bill; but we have 

reached a point in . the history of legislation touching the public domain when it is important that we should tread the paths of our feet 

with more circumspection than we have heretofore displayed. It seems almost incredible, aJ)d yet it is I believe absolutely true, that we have practically reached the limit of the agricultural area open to 

homestead or pre-emption settlement in this country. · There is no doubt that the purposes of the framers of the law that 

is now sought to be repealed were benevolent. It now seems probable, in view of what has been said to-day and yesterday, that the 

statute has failed to meet the expectations of t.hose who framed it, 

and has not justified the arguments that were advanced originally iu 

its support. That alone would appear to justify the Senators from 

those States in asking a repeal of the law if there were not some other reasons that demanded its continuance or modification. 

Let me call the attention of the Senator from Arkansas to the fact 

that the homestead and pre-emption laws, distinctively so called, were enacted in the interest of agriculture. They were intended to apply 

to agricultural lands. Their object was to benefit the farmers of the 

country, upon the theory that the perpetuity of free institutions depended upon a great body of freeholders who were attached to the 

soil. 

Now, sir, it is admitted in the arguments of all the Senators who 

have urged the passage of this bill that none of this land is agricultural. The Senator from Arkansas says the lands in his State are what are known as pine barrens, covered to a great extent with heavy 

timber, which being removed the land will be valueless for purposes 

of agriculture. The same I believe to be true with regard to the 

cypress swamps of Louisiana and the everglades of Florida. When the 

timber is removed the lands will be absolutely worthless for cultiva- ti~n. . Therefore I say that in no proper sense can they ask the application of the homestead and pre-emption laws to the lands that are now under consideration. 

In this connection I will call the attention of the Senate to the rec- ommendation of the Commissioner of the General Land Office in his ·report for the current year upon this subject. Referring to what he 

claims to be an omission in the laws governing the disposition of the 

public lands, and alluding to those that have a specific or special 

value, such as those containing gold, iron, silver, lead, cinnabar, sulphur, copper, and other metals, he then calls attention to the pine 

lands, and says : 

The product of these lands is .of universal use, and forms the staple of com- merce of no inconsiderable portion of the nation. 

He recommends that a law be pa8Sed providingFirst. That pine and fir lands shall not be subject tO entry under the pre-e.:nption and homestead laws. . Second. That a system of survey shall be devised bt which the ~uantity of pine :-afed~ each smaJ.Iest subdivision of a. section may e at least c. osely approxiThird. That an immediate exploration by experts of tbe unsurveyed portions of 

those Sta tes and Territories known to contain pine or fir be authorized, with the 

view of ascertaining the geographical situation of pine and fir districts or fields. 

"Fourth. That the reports of such explorations be followed by immediate sur- vey of these districts. :Fifth. That survey b~ followed by immediate appraisal, proclamation, and sale, at not less than the appi'a.ised value, and for cash only. 

He concludes: · 

.A.s I have indicated in the foregoing suggestions, T am strongly of the opinion that the wisest policy tbe Government can pursue in respect to this class of lands is that which will most speedily divest it of title in the same for a fair consideration, for the reason that depredations to an enormous extent are constantly occur- ring, whic~ existing laws are powerless to prevent and seel.llingly equally power- less to pumsh. · · 

I _ have no doubt that these ~ands possess commercial value far in excess of $1.25 per acre. The Senator from Mississippi who has just 

t ak en his sea~ says that they are .already largely trespassed upon at 

the present time by speculators who are endeavoring to obtain possession in violation of existing laws for the purpose of stripping them 

of their timber. Therefore it would be grossly unjust to the Government, it would be ·grossly unjust to the Treasury, it would be grossly unjust to those men who, like the farmers of the West, have taken 

portions of the public domain at a dollar and a quarter an acre, to put 

these trespassers in possession of heavily timbered lands, worth, I 

have no doubt at a fair estimate, from fifty to one hundred dollars an acre for the product of the land itself in timber. 

I am entirely willing_ to assist in establishing some system for the 

disposition and sale of these lands. . 

Mr. NORWOOD. If the Senator will allow me, I would make a suggestion to him that may throw some light on the value of these 

lands. In the southern part of Georgia, near the seaboard, pine lands can be bought at from ten to twenty-five cents an acre by the hundred or the thousand acres. · :Mr. INGALLS. The reason of that is because that portion of the 

country has not yet been penetrated by railroads nor reached by proper means of communication. 

Mr. NORWOOD. There are four railroads 1·unning through it. 

:Mr. INGALLS. . The Senator from Mississippi referred to the fact 

that previous to the war this land had been graduated down to twelve 

and a half cents an acre, and remained for a long time unsold. It 

has undoubtedly enhanced in value since that time by the construction of railroads, by the introduction of northern capital, by the introduction of saw-mills and machinery for the manufacture of lumber; 

and it is on this account that the land is rapidly becoming valuable 

for commercial purpose. 

1\Ir. CLAYTON. Will the Senator allow me a word T 

Mr. INGALLS. Yes, sir. 1\Ir. CLAYTON. We have a railroad in Arkansas running east and 

west through the State. It has a very large land grant on each side 

of the road. We have another road running north and south through 

the State; and that bas a very large land grant on each side of the 

road. Those railroad companies are unable to sell their lands to-day 

at anything like what they hold them for. They cannot get $2 an acre for them. 

~Ir. INGALLS. Then, if large tracts of this identical description of 

lands are in-the market at prices sufficiently low to accommodate the 

necessities of the people, what is the purpose of withdrawing this 

homestead restriction and throwing a vast additional area of land 

upon the market T The Senator himself says these railroads have 

land grants lying on either side of their line running dia~onally 

through the State of Arkansas, and those lands· are not sougnt for; 

they find no purchasers. If that is the case there can be no necessity 

for repealing the law of 1866, and throwing upon the market millions 

of acres of public lands still further to depress the price of those that are offered for sale. 

1\lr. BOGY. Those lands are confined to one or two localities. 

Mr. INGALLS. The most desirable localities in a State are near the great lines of communication, certainly, and real estate there 

should be most sought for and have its highest value. 

Mr. CLAYTON. Allow me to answe~ the Senator. I wastoldyester!lay by the former land officer of the LiHle Rock and Fort Smith 

Railroad Company that they had been able occasionally to sell some of their timber land at from three to five dollars an acre. One reason why we want this legislation is that when people who go to the State of Arkansas or live there desire to purchase timber lands they shall 

not·have to go to the railroad companies and pay two or three times as much as they would have to pay to the Government. 

Another reason we want it is this: Everything has an infancy. 

The lumber trade of Michigan at one time was an infant trade. E v- erything requires time to develop it. We want an opportunit y t o commence the development of these timber resources-the same op- portunity that is given to other States. 

:Mr. SARGENT. I offer the following amendment, to come iu aft er the amendment of the Senator from Ohio, as an amendment to that 

amendment: 

Provided, That nothing herein contained shall be construed in any manner tore- vive the law commenly called the graduation act. 

I think that should be. put beyond dispute. Although I have no 

doubt the Senator's statement may probably be correct, that t ho graduation act does not ~pply, I want to be sure of it. 

:Mr. BOGY. T.he graduation act was repealed a lono- time ago. 

:Mr. SARGENT. I wish to be certain that this shall not r evive it. 

Mr. CLAYTON. If the Senator thinks the graduation act applies, I would ask to have a letter from the Commissioner of the General 

Land Office read. 

Mr. SARGENT. I shall be very glad to know .that the graduation 

act will not be revived by this bill. 

:Mr. ALCORN. I wish to say, _in reply to the Senator from Kansas, or rather by wa,y f explanation, that the timber lands of the Government of the United States have not been productive in fississippi so as to increase the revenues of the Government. The cypres t imber of that va t area known as the Mississippi swamp, the delta of the Mississippi, embracing about one-seventh portion of the State, was depredated upon from about the year 1832 up to the time when the Government of the United States ceded the swamp lands to the diffeTent 

Stu,tes; and perhaps the largest business that there wa-s in the State 

of Mississippi was the timber business. The lumber business wit h 

New Orleans and Vicksburgh was an exceedingly large business. To 
852 CONGRESSIONAL RECORD. FEBRUARY 3, 

what extent it went I am not now able to state, but that business was almost entirely carried on by supplies from Governruent bnu by 

the raftsmen; and to such an extent was it carried on that when the 

swamp lands were ceded to the different States of the South very 

little of that timber was of any value or was accessible on account 

of overflow. The States took it in charge, and they attempted to suppress and punish those who depredated upon the land after it became 

the property of the State. They were not successful until finally a law was pa-ssed by the Legislature in Mississippi providing that no one should engage in the business of rafting unless he took out a license to do it, and then he should take an oath that he woulu not 

raft upon any other land but his own or upon the land of such per- son or persons as he might have permission in writing to go upon. 

This law was now enforced with some degree of rigor, and finally the 

rafting business was pretty well broken up in the Mississippi swamp. 

But the State h:1s not undertaken to protect the Government lands. 

The Government bas laws for the protection of its own property. The 

lands of which I speak, embraced in the 4,000,000 acres undisposed of 

in 1\fissis ippi, are barren pine ln.nds most generally. Those lands are only valuable for any purpose ~here they may be contiguous to or border upon any of the tributaries that enter into the gulf. If this 

bill passes_. the chances are that 300,000 or 400,000 acres of those lands 

will be entered; I doubt if so much. The rest of the land cannot be 

sold for a cent an acre. Nobody would pay the taxes upon it. It 

would bankrupt any one who undertook to pay taxes upon this land 

and hold it until such time as be would be able to derive some rev- enue from it, remote from railroads, remote from settlement, in a bar- ren waste. So this timber stands, valuable if it could be made ac- cessible; but it is not accessible, nor will it be. 

Now, sir, if you hold on to the land under the system that obtains 

in the General Land Office, the result will be that the public land in 

Mississippi will be valued at less than a cent an acre. From my knowledge of it I would not put it down at anything; but I woulcl say that 

the man who would take it would be broken up in paying the taxes on it, because under the equalization law of the State he would have 

to value it at something; the assessor would get a commission for 

appraising it; he would value it at something, aml that something 

wonld be just more than the la.nd would be worth when you undertQok to pay for it. Why, sir, thousands of acres of land in that delta, 

in the richest podion of the State of 1\fississippi, are to-day held by 

the State for the reason that individuals refuse to pay. taxes upon 

them. Lanus that were worth fifteen or twenty dollars an acre before the war are to-day the property of the State of Mississippi for 

the reason that the owners have yielded them up to the State, refusing to pay taxes upon them. The State of Mississippi owns two 

million acres of land, some of which was entered at $1.25 an acre, cultivated before the war, and some of which was formerly worth eight or ten dollars an acre, and to-day the owners refuse to go forward and 

redeem H. At the last session of the Legislature of Mississippi the 

Legislature proposed to the people who bad had lands forfeited and 

the title to which had vested in the State that the State should re- linquish the title upon the condition that they would come forward 

and ·pay the taxes of 1874. A few carne forward, but some two 

million acres of land that had been forfeited to the State are still 

in the hands of the State, the people refusing to take back the title 

upon condition that they should pay one year's taxes. This is the 

condition of the land. 

As I said a while ago, this bill makes-very little difference to my 

State, but I desire the facts to be correctly stated. These lands are being plundered along the Pearl River and its tributaries. The people 

will go there. You cannot restrain them. You have no power in this 

Government to inforce your law; that is, no economical power to prevent depredation on these lands. If you will let them be subject to 

entry, they will be entered, because private individuals will come and 

take them in order that they may sell the timber or make those who. 

take the timber off pay something for it. If you do not do that, the 

timber will be taken off, and that will be the last of it. . 1\Ir. WINDOM. Having reported this bill from the Committee on Public Lands, I may be permitted to very briefly state some of the reasons which induced the committee to recommend its passage. But 

before doing so, I want to say that while there is no objection what- ever to the amendment offered by the Senator from California, it can hardly be necessary. The restrictive act which is sought to be repealed 

by the bill now pending was passed in 1866. The act which re- pealed the graduation act was passed in 1862. It can hardly be possible that if we now repeal the restriction imposed in 1866, which in no way refers to that, we shall revive the old act which wa-s repealed 

in 1 62. I have no objection, however, to the amendment. 

There seems to be an impression that if this bill shall pass the 

lands in these five States will be withdrawn from the operation of the 

homestead law. I wish to correct that error. All the provisions of 

the homestead law will still apply to these lands. They will be subject to the general land laws of the United States, and any one desiring a homestead upon them will be at liberty to take it. The Commissioner of the General Land Office bas been referred tt> by the Senator from Kansas, and I beg to read a statement made by him bearing clirectly upon this bill. He says: 

The act entitled •• An act for the disposal of the public lands f'lr homestead a{)tual 

settlement in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida.,'' 

approved June 21, 1866, among other things, providetl that from and after that day 

all the public lands in the States named should be disposed of 'according to tho 

stipulations of the homestead Jaw of 20th May, 186:3," and the act supplemental thereto, approved March 21, 1864. This restriction is continued in force, and is now found embodied in section 2303 

of tho Revised Statutes of the United States. 

Whatever may have been the exigencies which, at the time of the pa-ssage of this act, seemed to justify its policy of exclusion, certain it is that there are not now ex- isting, nor likely to arise in the future, an.r conditions rendering its continuance necessary. 

It is unequal and obnoxious, in that it denies to citizens of the Sta.tes named the 

equal privileaes enjoyed by their fellow-citizens of other States with respect to lands within their borders. For this reason the section ought to be repealed ; but 

added to this is another rea-son of graveimportan_ce why an early repeal is desirable. 

In the States to which this act refers a large, and perhaps tho largest, portion of 

the public lands remaining to the Q-Qvernment is covered with valuable tim bet-. It is "offered laud," and would be in the market for cash sale at private entry 

but for the act of 1866. The soil of most of this land is notoriously barren, anu is 

valuable only for its timber. 

Since the close of the war of the rebellion attention has been attracted to these 

timbered tracts, and in many localities they have been subject to wholesale dep- redation, their product forming tho basis of a large commerce, employing exten- sive mills for manufacture, ships for transportation, being distributed generally 

along the Atlantic sea-board. The wrong thus done the Treasury is not altogether 

carried on in open defiance of the law, but there is, to some extent, an observance 

of its forms. Laborers employed in lumbering operations are induced to make 

homestead entry of desirable tracts, and there is thus obtained shelter from interruption while tiie work of removing the timber ~oes on. Once removed, the land 

is abandoned, and thenceforward, for an indefimte period, may be considered as useless for any purpose. The Treasury, however, has been robbed in the mean time of ft-s value. · The repeal of the eristin~ prohibitions would tend toward a discontinuance of 

present practices, by enabling persons to acquire tit-le to desirable tracts by ilirect 

purchase. In addition to what I have said, looking toward a repeal of the existing 

prohibition against acquiring title to the lands in 9-uestion by cash entry, it seems to me proper to suggest that these "timber lands' of the South, and al[ others of 

their class-that is, all of the unsold" ofiered lands," which are chiefly valuable 

for their timber-might well be made to fall within the rule of exclusion, to the 

extent, at lea-st, of declaring them not subject to homestead entry; which course ha-s already been recommended in the case of the unoffered and unsurveyed timber 

lands. 

This bill does not, however, go that far. 

It is not perceivable upon what rule of justice to the whole people a few are per- mitted to prey upon the common property, for, as I have before enueavored to make 

it ap~ear in regard to timbered_lands of the class under consideration, their appro- priation under the homestead la.w cannot be followed by their improvement; clearly, therefore, the policy of continuing to hold them subject to homestead entry can fuid no other defense than that, by so doing, the system of sale is kept uniform. · I do not think that this will be considere<l, upon due reflection, a sufficient ground 

for a further sacrifice of the common property. 

I think it is agreed by all the Senators and Representatives from 

those States that, so far as the object sought by the original act is 

concerned, it has been a failure. There have been but few of these 

lands taken for actual homesteads, but the homestead law has been 

used as a cover to enable dishonest persons to strip them of their valuable timber, defraud the Government, and then desert them. This 

involves under the homestead law an oath on the part of the applicant for homestead that he has settled upon and made improvements upon tbeland for the purposes of a homestead by improvement and cultivation; and yet, in a very large number of cases, it is wholly untrue. 

He settles upon it for no such purpose, but solely for the purpose of 

cover, while the' desirable tracts of land are being robbeu of their 

timber and the Government defrauded of the price which it should 

receive for them. . I believe, sir, that if these lands are open to honest sale by persons 

desiring to manufacture, the increased business which will result in 

those States will be of va-stly greater benefit to the poor people residing there by giving them employment in the manufacture of lumber 

than they will ever receive under the existing restriction. And as all 

who desire homesteads can still take them, I cannot conceive of any 

possible objection to the repeal of the law. I believe with my friend 

from Kansas that the homestead bill was originally passed for the benefit of agriculture. Having bad some part in its original passage, I 

know such was the intent of some of its. promoters; bnt that it would ever operate upon such lands as those in the five States referred to I 

think no one anticipated. 

.Mr. MORRILL, of Maine. I call for the regular order. 

Mr. CLAYTON. I hope the Senator will allow us to come to a vote on this bill. I think we are prepared for a vote. Mr. MORRILL, of Maine. If we can come to a vote, very well. 

Mr. EDMUNDS. I have an amendment or two to offer. 

Mr. INGALLS. I wish to say a few words on the subject before 

the debate is through. 

'fhe PRESIDENT p1·o tempore. Objection being made, it is the duty 

of the Chair to declare that the morning hour has expired. 

Mr. CLAYTON. I ask the Senate to let us come to a vote on this 

land bill. 

Mr. MORRILL., of Maine. If there is a disposition to vote--

Mr. CLAYTON. I think we can come to a vote in ten minutes. 

I do not suppose the Senator from Kansas wishes to speak that long. 

Mr. INGALLS. Not very long. 

l\fr. HAMILTON. I hope the matter will go ove-r. l\fr. MORRILL, of 1\Iaine. Evidently there is no disposition to come to a vote. 

Mr. CLAYTON. We had the bill up yesterday morning, and Senators have had time to inform themselves on the subject. I believe I 

shall move to postpone the regular order temporarily until we come to a vote on this subject. 

The PRESIDENT pro tempm·e. Th~ Senat,orfrom Texas has objected, 

• 
1876 . . CONGRESSIONAL RECORD. 853 

and the Chair announces the unfinished business of yesterday as before 

the Senate; and now the Senator from Arkansas moves that it be • postponed, with all prior orders, for the purpose of continuing the 

bill which ha.s been under consideration this morning. 

The question being put, there were on division-ayes29, noes 21. 

Mr. MORRILL, of Maine. I must demand the yeas and nays. 

The yeas and nays were ordered; and being taken, resulted-yea-s 

28, nays 30 ; as follows : 

YEAS-Messrs. Alcorn, Bogy, Caperton, Cla~n, Cockrell, Conover, Cooper, Dorsey, English, Ferry, Goldthwaite, Harvey, Hitchcock, Johnston, Jones of Florida, Kelly, Key, McDonald, Maxey, Mitchell, Norwood, Paddock, Patterson, Randolph, Robertson, Spencer, West, and Windom-28. 

NAYS-Messrs. Allison. Booth, Boutwell, Cameron of Pennsylvania, Cameron of Wisconsin, Cbristiancy, Conkling, Cragin~ Davis, Dawes, Edmunds, Frelinghuy- sen, Hamilton, Howe, Ingalls, Jones of Nevaaa, Kernan, McCreery, McMillan, Mt~rrimou, Morrill of Maine, Mor1ill of Vermont, O~lesby, Sargent, Saulsbury, Sher- man, Stevenson, Whyte, Withers, and Wright-30. ABSENT-Messrs. Anthony, Bayard., BTuce, Burnside, Dennis, Eaton, Gordon, 

Hamlin, Logan, Morton, Ransom, Thurman, Wadleigh, and Wallace--14. 

So the motion was not agreed to. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. G. M. ADAMs, 

its Clerk, announced that the House had pa.ssed a bill (H. R. No.1797) 

providing for the sale of the Kansas Indian lands in Kansas to actual 

settlers and for the disposition of the proceeds of the sale ; in which 

it requested the concurrence of the Senate. 

E~ ROLLED BILLS SIGYED. 

The message also announced that the Speaker of the House had _signed the following enrolled bills; and they were thereupon signed 

by the President p1·o tempore: 

A bill (S. No. 204) to remove political disabilities of George S. Hawkins, of Florida ; and 

A bill (H. R. No. 785) to extend the time for stamping nnstamped 

instruments. 

DISTRICT 3.65 BO?-."DS. 

The Senate, as in Committee of the Whole, resumed the consideration of the joint resolution (H. R. No. 52) directing t.he commissioners 

of the District of Columbia to pay the interest on the bonds issued in 

pursuance of the act of Congress approved June 20, 1874, out of any 

funds in the United Sta~es Treasury ~;ubject to the requisition of said 

oommis ioners, anu for other purposes. 

The PRESIDENT p7·o tempm·e. The pending question is on the 

amendment of the Senator from New York [Mr. KERNAN] to the 

amendment of the Senator from Iowa [Mr. ALLISON] as amended; 

which will be reau. The CHIEF CLERK. It is proposed to amend the amendment of the 

Senator from Iowa, [Mr. ALLISON,] which is in t.he following words: 

Provided, That an issue of said bonds beyond the sum of 15,000,000 is hereby prohibitedby striking out all after the word "provided" and inserting: 

That any further issue of. 3.65 bonds under or by virtue of said act of Congress approved .'tune 20, 1874, is hereby prohibited. . . 

The amendment to the amendment wa~ agreed to. 

The PRESIDING 0}.,FICER. The -question recurs on. the amendment as amen<led; which will be read. . The CHIEF CLERK. The amendment, a.s amendetl, reads : 

Provided That any further issue of 3.65 bonds under or by virtue of said act of Con~·ess, approved June 20, 1874, is hereby prohibited: And provided, That the 

certificates heretofore issued by the board of audit, including those converted into 

3.65 per cent. bonds, and those which have not been so converted, and the certifi- cates hereafter to be issued by the board of audit, or their successors in office, shall not exceed in the aggregate the sum of $15,000,000 .. 

Mr. EDMUNDS. I move to amend the amendment by adding-to it: 

And there shall be no increa-se of the present amount of the total indebtedness 

of the District of Columbia. 

The amendment to the amendment was a~reed to. 

The PRESIDENT p7'0 ternpm·e. The question recurs on the amendment as amended. 

Mr. BOUTWELL. Let it be read as it now stands. 

The PRESIDENT p1·o tempol'e . . It will be reported. 

The Chief Clerk ren,d as followf?: 

l*·ro·vided, That any further issue of 3.65 bonds under or by virtue of said act of 

Con,!!'ress approved June 20, 1874, is hereby prohibited: 4nd provided, Tha.t the 

certificates heretofore issued by the board of audit, including those converted into 3.fi5 per cent. bonds, and those which have not been so converted, and the certifi- cate!'! hereafter to be issuetl by the lJoard of audit, or their successors in otlice, shall not exceed in the aggregate the sum of 15,000,000. And there shall be no increase 

of the present amount of the total indebtedne;~s of the District of Columbia. 

Mr. HAMILTON. Is it in order to amend furtherT 

The PRESIDENT pro tempm·e. It is. .Mr. HAMILTON. I propose the following am·endment to the amendment: 

And provided further, That the paving and grading of'streets and alleys be discontinued until authorized by law. 

Mr. DAWES. Before the Senate passes to the coneideration of tha-t 

amendment, I wo.nld call the attention of the Senn,te toan inconsistency in the pre ent phraseology of the amendment, growing out of 

the different parts of it being put together. There is an inhibition 

upon the further issuing of any of tbese 3.65 bonds. There is a phra~e 

· in the amendment whi~h would seem to imply that hereafter there 

_may be some i sued. I n,sk that the Secretary rea.d it a~ahl, 

The PRESIDENT pro tempore. The amendment, as amended, will 

be again reported. 

The Chief Clerk read the amendment as amended. 

Mr. SHERMAN. That implies that these bonds may be issued hereafter. One clause prohibits it and another clause permits it, at least 

by construction. , Mr. DAWES. It so struck me when it was first read, but upon 

the second reading I think the reference is to certificates hereafter 

issued, and not to bonds hereafter issued. On the second reading, I am inclined to think my criticism was not correct; but I may be mistaken. 

Mr. BAYARD. I should like to ask the Senator from Vermont, 

whose amendment to the amendment has just been adopted, whether 

he understands it to restrict the debt of this District to the existing 

amount to-<lay. I say this because I understand that $13,775,900 of 

3.65 bonds were i~;sued up to two clays ago; and it was my desire that 

the issue should be restricted to that sum. I would propose, if it · were in order, to amend by inserting this sum of $13,775,900. I sha.ll 

seek to do that in the Senate ; and yet if my object has been accom- plished by the amendment offered by the Senator ~om Vermont, I do 

not care to take up the time of the Senate by offermg an amendment 

in the Senate. I trust he understands me. Mr. EDMUNDS. !understand theSenatorfromDelawareperfectly. 

The amendment which I have had the honor to propose, and which 

has been adopted by the Senate in committee, is not confined to these 

3.65 bonds afone, or to these certificates; but it limits the total indebtedness of the District in all respects so as to have a maximum 

beyond which none of the officers of the District shall go; and if they 

have anything to do hereafter which requires the expenditure of 

money they must have the money to do it with and not incren,se the 

total amount of the debt of the District, whether it be done by issuing 

certificates or by borrowing money or incurring new liabilitieR in what- ever form. So I think my amendment covers not only the point proposed by the Senator from Delaware but the broader one. Mr. BAYARD. I submit to the honorable Senator from Vermont 

whether, as his amendment is now part of another amendment which 

contains the affirmative sum of fifteen millions, it may not be ponstrued with relation to that. I do not desire the debt of this District 

in the shape of 3.65 bonds to be increased one dollar beyond that 

which it is to-d:.ty; but having in this amendment the sum stated of 

15,000,000, I question whether it may not be construed with the Sena- tor's amendment so that the $15,000,000 will be the maximum of the 

debt. I shall not be satisfied with that if I can prevent it. 

Mr. EDMUNDS. It is perfectly easy to prevent it when we g~t 

into the Senate, by moving to strike out the fifteen million-dollar 

clause. Then it will all be open again, and we can strike out the 

15,000,000. I do not think it would have that effect; but I am not 

only willing but desirou~; that we shall employ language that there 

will be no dispute about in stopping, so far as running in debt is con- cerned, where we are. The PRESIDENT pro tempm·e. The question is on the amondment 

of the Senat<'r from Texas [Mr. HAMILTON] to the amendment. Mr. HAMILTON. I propose my amendment to come in befor~ the 

last amendment adopted, if I can have the privile~e of placing it 

there. I call the attention of the Senate to the estimates made for 

the current year in the way of improvements. You will find them in 

Mr. Hoxie's report : 

For repairing concrete pavement ..................... -----·········· ... $185,000 

For repairing Pennsylvania avenue ....•....... ' ·····.... .... .. .... . . . . . . 286,000 

For grading .••........... . ................. . .................. :. . . . . . . . . 102, 000 

In all conscience there has been grading enough done in the city of 

Washington in the last five years; but it seems to have been impos- sible to stop this work. The old bon,rd of public works increased the 

debt 8,000,000 beyond the amount authorized by law, and the present 

board of commissioners ha.ve added nearly as much to it, six and a half 

million of dollars in defiance of law. Now what is to prevent, in the course of next year, the commissioners adding another three or four 

millions in the way of improvements f As was remarked by the Senator from Iowa yesterday, the streets need improvements now as bad as they did in 1871, and much more than they did in 1873 and 1874; 

for there are miles and miles of pavement here that is rotten abso- lutely to-day; they might a~ well have been paved at the time with 

turnips or sweet-potatoes. Green timber, hemlock, the cheapest 

thing that could be bought in the market anywhere, was put in at enormous prices; and Congress does not feel itself obliged to do anything else thap. obey the chairman of the Committee on Appropria- tion~;; and that is all that we have to do-to vote money. It does 

not make any difference how it was expended, whether it was regular or irregular, or whether it wa,f; right or wrong, whether it is a violar 

tion of law or not; we are told it is a debt against the Government 

and run.st be paid ! · 

1\Ir. President, I, for one, confess that I am completely muddled by 

the legal arguments which have been made all over the Chamber in 

support of the proposition to pay these $15,000,000 on the part of the 

Unit.ed States, because I call it the payment of that much money 

ultimately. I do not think the District government can pay a cent 

of it, and I do not think it will ever pay a cent of it, and I do not 

think it ought to. The point I tried to make yesterday was that, so far as the certificates pa-ssed upon by the board of audit and ed~e med 

by the conunissimwrf:? of tl).e ~inkin~ fund in bonds are concernetl. 
854 CONGRESSIONAL RECORD. FEBRUARY 3J 

there is a debt against the Government which nobody, I think, ought 

to try to evade. That muc.h is settled, whether it was right or not. 

I think in 1874 it was very wrong to trust discretion in anybody to 

issue seven or eight or ten millions of dollars of questionable debt, 

and that it was questionable everybody knows. . In the first_ place the board of public works was required by the 

organic law lio let out the paving by contract to the lowest bidder. 

They were not authorized at all to make private contracts for paving, and therefore all their contracts were null and void; they were without authority of law; and, inasmuch as they bad exceeded by s ven or eight mi)lions of dollars the amount authorized by law, it was competent for the Government to look closely into those evidences of debt before the Government assumed an:vthin ...... If gentlemen will look carefully into the act oftbe 2oth of June, 

1874, authorizing the auditing of this debt, they will see that the 

auditors were required to send for persons and papers, to examine in 

the light of the report made by the joint committee of the two 

Houses, in the light of the law bearing on the subject, and to scru- tinize everything; and the expectation was that the alleged debt 

would be cut down very large1y. I thought so, I am sure. I thought a great deal of it was improper, and that the audifug board would 

find it to be improper. But, so far as I can ascertain, I do not see that . the auditing board rejected anything. They have audited up to perhaps the full limit of the amount found to be outstanding by the joint 

committee, say, ,300,000 -or ,400,000. As I remarl,md just now, I want it understood that I do not deny the 

obligation rest.ing upon the Government to pay tho interest on so much of these 3.65 bonds as shall have been ascertained to be made 

up of the obligations contracted by the board of public works; but, as to what the District commissioners have added to that since, I 

think there is no authority in law for it. I think it was shown clearly 

by t.he Senator from Massachusetts [Mr. DAWES] the other day and 

by the Senator from Iowa [Mr. ALLISON] yesterday that thero was no foundation at all for the claim made on tho part of the friends of 

the commissioners here that they were authorized to make those con.: tracts. 

Let us look at some of the contracts made. I have not the report 

at lrand and it is not necessary to produce it, because the matter is 

within our memory. The report of the joint committee in 187 4 stated 

that one single firm in the city of Chicago had obtained a contract 

here for 200,000 square yards of wood pavement for which they paid a bonus of 95,000. I hold tl1at no gentleman in business anywhere 

would consider himself bound by the act of his agent who would 

make a contract·of that sort. I am sure that if I had an agent who 

would involve me in a debt of thousands of dollars and I could find 

the facts which established so clearly a violation of all principles of 

justice and right in making the contracts, I should not holcl myself 

responsible at all for the payment of such a debt. 

It seems, accorcling to the Senator from New York, [lt'Ir. COI\TKLING,] 

that all this trouble ha>S grown out of the use of the word" or" in 

place of the word" and" somewhere in the statute of 1874, while the 

Senator from New Jersey [Mr. FRELINGHUYSEN] does not inquire 

into-the thing at all, does not think it necessary to inquire, but pre- sumes the expenditures were proper and very light comparatively for a grand city; that $15,000,000 is not anything! Several other Sena- tors bave fully justified everything that has been done. 

The Senator from New York was very much exercised because some- body was threatening to give a black eye to these 3.65 bonds, and the 

Senator did me the honor to look very closely at me, as though I had 

struck the 3.65 bonds in the eye. Well, the Senator was so severe in 

his aspectthatibegan to look around forsomeplace to crawl through 

the floor. · I was alarmed a little. Nevertheless and notwithstanding 

all these quibbles-I call them quibbles-all this refining and splitting 

hairs by lawyers to justify this work, the plain common-sense people 

of the country begin to understand it. They understand that money 

has been expended here in violation of law, without any authority 

whatever; not only a few dollars, but millions of dollars. I will not 

go over all the ground which has been occupied .by other Senators 

who have made close argument~ upon the question, but, as it was su~gested by the Senator from New Jersey that we all look at the 

thing as it is, I propose to state haw it appears to me. There are in this city some very remarkable men, I think men of 

very superior ability; men of great force of will; men of character-

! mean character in the way of pushing their fortunes-men of boldness; men who are endowed wit.h the capacity to control others, to 

convince others, to carry others with them. I do not know of such men anywhere else in America. And the trouble is that nobody that 

you have put in authority in this District during the last five years 

has been able to withstand the influence of these men. They have 

controlled the operations in this city, and they are controlling the 

operations in this city to-day just as absolutely as they did three 

years ago. I for one confess, and I put myself in the same category · with the rest of the Senate, that I do not mean to charge dishonesty 

upon anybody, either upon gentlemen who live in tho city, or upon 

the board of public works, or upon the present board of commissioners; I simply think they were so unfortunate that they met with men superior to themse]ves, and who controlled them; and I do not 

know but that the Senate of the United States is controlled in the same way to-day. Indeed, that is my impression. 

Complaints were made here in 1872, louu and long complaints, by 

the citizens of the town. No attention was paid to them, orvery lit. 

tie attention, by either branch of Congress. A little later those com- plaints grew louder and longer, until they began to reach all over • the country. In the mean time the resQurces of the District government were exhausted. The pla.cer had been worked out completely; 

the District had no credit; it had not a dollar in the treasury; and 

there were about six or seven million dollars of certificates floating over the country, hawked, pawned, soaked, as the saying is, from 

here to New York. The aut.hors then of these grand improvements were at the end of their rope ; they could not move a peg. Their 

friends-I happen to know something about this, because I heard it- were the leading men in the town to advocate a change in the gov. 

ernment. Even Shepherd himself did not care anything about a government that could not support him. He was tired of the thing, and · he undoubtedly would have resigned if you had left the affair a you 

found it in 1874. He would not continue to act aa governor a day 

longer than he could raise revenue to defray the expenses of his government. These gentlemen, a>S everybody knows here 1 believe, had 

entered into pretty large purchases of real estate ; had put UJ? extensive improvements on that real estate, and gone largely mto the 

building business. The panic of 1873 came on; and what did we find 

then 'l The sales of this property were stopped; it was ~ll mortgaged 

nearly. These gentlemen were about to go to the wall and the property to be brought under the hammer. They sought then for some resource to lift them out of the bog, and the resource wa.s to persuade 

Congress to abolish that government, because it had been extravagant, to appoint commissioners in bankruptcy to take charge of the 

efiects and wind it up, as everybody here thought-I confess I thought 

that-and to do nothing more, except to take care that a man did not 

slip in a bog in the street; that they should mend a crack in a sewer, or do somethin~ of that sort to prevent things going to pieces. But 

the gentlemen m town that I spoke of had other views. They understood what they could make out of this thing, and they persuaded 

Congress to allow these claims to be re-audited in the light of all that 

had happened and been discovered, saying possibly they will be cut 

down very largely, possibly not; but at any rate you will get at what 

is correct against the Government, and assume to pay it in 3.65 !Jonds. 

That was authorized. Now what came after that 'l These District 

commissioners have gone on and let out, I guess, one hundred and 

forty or one hundred and fifty contracts that were left over of the 

board of public works, and that were made in the first place in violation of law, and in the second pla.ce in the face of the inhibition of 

the law, being in excess of the 10,000,000 limitation. They have done 

this in the face of the act of June 20, 1874. Still, notwithstanding 

all these things, which one would suppose were enough to have out 

them off, these District commissioners have gone on and spent about 

six and a half millions of dollars, as well as I can make out from their 

reports. 

While speaking of their reports, I beg to say for myself that I have 

examined them with some care during the last month. I looked throu~h them before this question came up, and I "have not be~un 

to un<lerstand them yet. It is like hunting for a grain of wheat m a bushel of chaff. You may find some things in them, but there is no recapitulation, there is nothing that stangs out fairly which anybody can see at a glance, and I suppose that not one Senator in ten on this floor really understood anything about them at the time this 

debate sprang up. I understand enough ahout them now to see what 

the commissioners may clo hereafter; and I say that nobody can be 

trusted here with any discretion. That is clear enough. We have 

had to provide over and over ~gain . If there is any more work to be 

done in the way of paving miles of streets here, or of grading, or ex- pensive work of that sort, Congress ought to say, as long as the Government is in the condition in which it is now, what streets should be 

im})roved and what streets should be made. Let the e timates be 

made, and then make the appropriation for the improvement, either to 

be paid out of the national Treasury or out of the treasury of the District, if it is able to pay it. 

As the Senator from Iowa [Mr. ALLISON] remarked ye terday, nearly 

all t.his.:pavement is rotting. There are probably sixty, or eventy, or eighty miles of pavement here that will scarcely bear up a wagon today; it is absolutely rotten. A million anu a quarter of dollars and 

upward was voted out of the national Treasury in 1874, oaten i11ly tO pay the poor workmen who h.:1>d been employed on t~is public 

:work. It was said that their case was a hard one; that some poor 

contra.ctors, perhaps, had not been paid, and their case was a hard 

one; that there was no money in the District treasury, and therefore 

it was necessary to provide this money out of the national Treasury 

to pay these claims and to redeem some of these certificates which were hypothecated in New York, perhaps in Baltimore, and here in 

Washington. I was informed at the time, for I staid here two or three months after the passage of ·the act, that a very small portion, 

if any, of that $1,300,000 went into the hands of any poor laborers in 

this town, or even into the bands of contractors, except the wealthy 

ones; that the bulk of the certificates had passed into the hands of 

third persons before the act was passed; that while the bill was un- der consideration in the two Houses of Congress more than half a million of dollars was bought up in the streets of W a hington at from 

forty to fifty cents on the dollar, and when the bill pas eel the a signees 

went to the Trea ury and got the money. As the saying is, it helped 

these gentlemen "out of the woods." Hard times have continued, and 
• 

1876. CONGRESSIONAL RECORD. 855 

real estate will not sell to-day; they are. just as much in distress now as they were two years ago; and it is necessary for their salvation 

that these bonds shall be recognized by the Government. They are the parties deeply interested in the subject. The-government of the 

District is in no distress; and I undertake to say that it will not injure the credit of the Government one single farthing if the interest on these bonds are not paid at all until the matter is investigated. 

If there was any way to distinguish between the bonds issued by the 

board of sinking-fund commissioner~ for claim~ arising before· t~e 

20th of June 1874, and those for clauns made smce, I should say m all reason, go on and pay the interest on the original bonds; that 

would be to the extent p~obably of ,500,000. But you cannot distinguish between those bonds. So far as I can ascertain, the District 

commissioners went along in June, 1874, as soon as they took posses- . sion of the gQvernment, and let o~t contracts, had these claims au- dited by the sinking-fund commissioners, and the parties got the bonds; 

and probably any number have grown out of the work <lone in 1874. 

They are all mixed up; it is impo sible to divide them. They are in 

the same category precisely that Mr. Magruder's accounts were. He 

had issued certificates, paid out certificates, and paid out money; he 

had them all mixed up together in his books, and said himself he could 

not tell how much money he had paid to any one man and how much 

in certificates. When the money was at par and the certificates at 

about fifty cents on' the dollar, it was all mixed up together; they did 

not keep any account of the funds at all; and no· separate account 

has been kept in regard to these bonds. It would be eminently proper.z 

I think, for the bonds to be overhauled, just as a merchant woulct 

take out a rotten bale of cotton when it comes into market. ·If un- fit for market it is sent to the packery, and taken loose and picked, 

every tainted lock is picked out, and then it is put into the market 

and sold as clean cotton. 

I do not attribute any wrong to Governor Shepherd for what he is 

doing now. I believe he is the master-spirit around about here. He · is an eloquent man, a man of strong will. He does not hold any position under the Government, but is a private citizen; and if he can persuade these District commissioners and the Senate of the United 

States and the House of Representatives to accommodate him with 

money out of the public Treasury, I do not blame him. I understand 

he is now, and has been for the last twelve months, selling house..q at 

very high prices, principally to contractors. I am told that-they are his best customers and have bought very largely of his fine houses 

here. How t I know myself t.hat he always had houses for sale. It 

is said that when he comes across a man who wants a fine mansion he 

says to him: "I have a house to sell and you may have it for $15,000," or "$20,000,"· a8 the ca8e may be. The other party says: "I have not 

got the money; I would like to have a good residence, but I cannot 

pay for it." Says he: " There is some work to be done here in this 

city of Washington; the board of commissioners has authority under 

the law to let out contracts, and here are contracts made by the board 

of public works to be extended. You can get a contract. I will do 

what I can to secure it for you." It turns out in the end that the man gets a contract. He finds a little contract, as the Senator from Massachu etts [Mr. DAWES] remarked the other day, up here on Capitol 

Hill somewhere for a single block about three hundred or four hundred feet long, and on that hook the District commissioners have hung 

probably a mile and a half of streets scattered all over the city of 

Washington, and found squares and alleys to be paved. The man takes that contract, amounting to 200,000 probably, the profits on which wm be at least . 65,000 or 70,000 net, and the man is able to 

pay for his hou e and pocket a good sum besides. That that sort of 

work has been done very largely here I do not think anybody will 

dispute. As I said before, I do not impute any crime ·to anybody. 

These District commissioners doubtless (they say so at any rate) thought 

they were authorized to let out these contracts. I do not think so. A good many Senators here think there is no doubt they ha-d such au- thority. I~ is clear as anything to my mind that they had no such 

authority. Still they had discretion, and they exercised that discretion, and Shepherd has been able to pe!"Suade them to exercise it. 

That that has been done I think there is no question in the world. 

I have felt disinclined to say anything on this subject, but the ar- guments made by several Senators struck me as so novel that I won- dered that I had any sense at all. I began to conclude that I could 

not see anything anywhere; but I do not see any other way of stopping the piling up of this debt except by a provision such as I have 

offe.red. The amendments which other Senators have proposed and 

which have been adopted are not going to stop the work, I cau see. You will save the issue of more bonds and probably of certificates. 

You say the debt shall not exceed so much. That bas been said three 

or four times before. You said it should not exceed 10,000,000 under 

any circumstances, but they did exc~ed it. In 1874 you said this is 

winding up this thing, this is the end of it ; a8 the common phrase is, 

''the thing is played out," it cannot go any further; but it has gone on just as bad as before. The District commissioners have issued 

nearly as much as the board of public works in excess of the law, 

more in fact, in proportion to the time they have been in service, because they have been here but a little over a year and a half, and 

they have run up between ·six and seven million dollars. The boa.I·d of 

public works were in office three years, and they only exceeded the 

amount authorized by law by a little over $8,000,000. limy amend- m~nt is adopted, I tJ;Unk it will be impossible, without an act of Congress, to pave a street in the city of Washington; it will be impossible to grade a street, and that is what I want. I hope the Senate 

will adopt the amendment. 

1\lr . .MORRILL, of Maine. I hope the Senate now is in a condition 

to vote upon the proposition . before it. It seems to me the Senate 

must be sick of this whole thing by this time, and I hope my honorable friend from Texas, in the present attitude of affairs, will not 

think it important to urge the passage of his amendment. As the 

matter now stands, on the propositions already adopted by the Senate, no mdre bonds can be issued. That is the first proposition. In 

the second place, the debt is limited to · 15,000,000, and that, as is 

shown by the statement of the commissioners, is within the limit of 

all the issues of the bonds and the certificates, and the probable ex- penditures under the old contracts. · The three propositions then are that no more bonds are to be 

issued ; that the debt in no case shall exceed $15,000,000; and by the 

amendment proposed by the Senator from Vermont the present a~­

gregate amount of indebtedness shall not be increased. Now I suo- mit to my honorable friend from Texas that putting those three 

things together makes it an economical impossibility for these commissioners to involve the District in $1 of addititional indebtedness. It 

may be said that this phra8eology is a little vague, as I think it is 

myself. Take the pro12osition of the Senator from Vermont that the 

present amount of the indebtedness of the District shall not be increased. That applies to these commissioners and to everybody else. The only question would be as to what the indebtedness is. I have 

suggested to the Senator from Vermont that that might be an embarrassment, but he prefers that it should remain as it is, and I am not 

going to antagonize that. It might lead to embarrassment in this: 

An indebtedness would not necessarily, perhaps not properly, include an obligation; and it may be the purposo of tho Senator that it shall 

not extend to an obligation. Under the act of 1874 these commission- ers were authorized to spend money to carry out the obligations supposed to have been incurred by contracts made by the old board of 

public works. I suggest that, if this stands as it is, it will confine it 

to debts by declaring that the debt of the District shall not be increased. Of course that necessarily cuts off all contracts of every 

description which these commissioners might be disposed to enter into her~after. The proposition of the Senator from Vermont, now adopted 

by the Senate, it seems to me is absolut.ely conclusive upon any in- crease of indebtedness by these commissioners or by anybody else in 

any direction. Therefore I submit to my friend from Texas whether 

there is any object in pressing his amendment. It is simply piling 

up in the same direction and adds nothing at all to the security of 

the Treasury of the United St-ates or the treasury of the District government against further indebtedness. . But there is one other argument which I desire to address to the sense of the Senator, and that is this: If his amendment prevails it 

will be impossible for them to spend 1 for the improvement of these 

streets. 

Mr. HAMILTON. If the Senator will allow me, that is not the 

intention. 

Mr. MORRILL, of Maine. If the Senator will permit me tog~ on, 

he will see whether it is so or not. 1\ly first proposition is that the door 

is closed already by the three distinct propositions contained in the 

three respective amendments already made. There will be no such 

thing as increasing this debt any further; there is no authority for 

doing it. The proposition of the Senator from Texas is that the paving and grading of the streets and alleys be discontinued until authorized bylaw. Let usseewhatthesecommissionersmaydo and clearly 

what they ought to do and certainly what · they ought not to be re- strained from doing. Under the act of 1874 these commissioners were authorized and have power to apply the taxes or other revenues of the District to the payment of the current e~enses thereof. Then 

it goes on to mention certain things. Of course the repair of streets 

is among the current expenses. How do you repair these streets f 

By repaving. So far as the question of grading is concerned, that is 

anQ.ther part of speech. Take Pennsylvania avenue. It is impassable to-day; and so of many other streets. My honorable friend does 

not intend, I take it, to go so far as to say that the authority of these 

commissioners to pave these streets in the way of repairing them 

should be suspended. 

Mr. HAMILTON. If the Senator will allow me I will suggest to 

him that it is competent for Congress to authorize the paving of a street when it is necessary to be paved. I made the point just now that I did not think, in the light of what we have seen here during 

the last eighteen months, anybody could be trusted with discre- . tion at all. We authorized them to repair the streets and to save property upon which a great deal of money had been expended, and on that very thing they have expended six million dollars and a b;l,lf. 

Mr. :MORRILL, of Maine. Then, if I understand the honorable 

Senator, his purpose is to say that the authority of these commissioners to improve these streets and keep them in repair should be 

entirely suspended. 

Mr. HllllLTON. I think so. Mr. MORRILL, of Maine. Is the Senate willing to do· thn_tY I 

should think it a most extraordinary proposition. I will not characteriz·e the proposition, but I think it would be a most extraordinary 

conclusion to come to that the Congress of the Unit-ed States, haviug 

suspended the govern:.;nent in the District of Columbia and having 
• 

856 CONGRESSIONAL RECORD. FEBRUARY 3, 

delayed these two years the substitution of any government for this 

condition of things, were now disposed to say to these commissioners, 

the streets and the a venues of this city being in such a condition as they 

evidently now are, there shall be no power and no authority to spend 

the revenues, the taxes which have been gathered from the people 

themselves, in the improvement of the streets. It may be the Senate_ are disposed to do that thing, but I doubt it. 

Mr. SAULSBURY. Mr. President, I do not know that I would have 

participated in this debate if the line of the debate had boen properly 

confined to the consideration of the question whether we should 

authorize the commissioners to transfer from the treasury of the District a sufficient amount of money to pay the interest upon the 3.65 

bonds issued under authority of Congress. That was the question 

which was raised by the resolution under consideration; but the debate has taken a very wide range and an innumerable number of subjects have been discussed in considering it. I am free to say that the measure itself was not free from embanassment. Whenever it is proposed to increase the public debt of this country already, with more than $2,000~000 in bonds, it is a subject that ought not lightly to be 

considered oy the Congress of the United States. 

In the discussion of this question criticism has been indulged not 

only upon the action of the board of commissioners of this District, 

but also upon the committee which investigated two years ago into 

the condition of affairs in this District and which reported the law 

under which this commission exists. That the a{)tion of the board of 

commissioners is not free from criticism I think is very apparent after 

this discussion ha taken place. I have heard it asserted, and I have no reason to doubt, that the commission is composed of gentlemen of high 

character. I have not the honor of a personal acquaintance with any of 

the commission, buticanreadilyunderstand the embarrassment which 

surrounded those commissioners when they entered upon the discharge of the duties imposed upon them by the act of Congress creating tbat commission. They were the successors of the board of public works of this District. As the successors of the board of public 

works their duties were such as to require of them great care, great 

caution, or otherwise they must necessarily make very grave mistakes. 

This entire city had been for two or three years preceding their appointment in the hands of a cla-ss of men who had undertaken virtually the remodeling of this entire city. An amount of excavations 

and embankment had been commenced that perhaps never was equaled in any single city in any part of the world. The entire grade 

of the city had been altered, involving the necessity of a different 

mode of sewera~e. When these commissioners came into office they 

found this city hterally a city of ditches in many portions of it. They were instructed under the act which creat-ed them to preserve the 

works which had been commenced, and I can very readily see that 

when they came to look into the law which conferred upon them 

their authority and power they might make very grave mistakes without any conUJltion on their part or without any intention to exceed 

the authority invested in them by the act of Congress. 

That such mistakes have been made I do not question. · I have no doubt that by reason of such mistakes the public debt of this city 

ha.s been largely increased. The question now a-ddresses it elf to us whether we shall in any form approve of or ratify the action of the 

board of commissioners by providing for the payment of the interest 

upon the bonds which haye been issued to meet the liabilities whicll 

they in part have incurred. I think myself that there waa not sufficient care in the framing of the law under which they were authorized 

to issue bonds to guard and protect against a large increase of the 

public debt of this District. I think that we made a mistake in not 

limiting at the time of the passage of the law in 1874 in express terms 

the amount of bonds which should be issued. It is very apparent 

that the committee which reported that law believed that it contained 

such clear intimations that the commissioners would not depad from 

it, and that there would in all probability not be issued under its provisions 3.65 bonds in excess at any rate of more than $12,000,000. Yet we :find the bonded debt of 3.65 bonds has now bee~ run up to nearly 

15,000,000. 

The question is, shall we provide now for the payment of that interest by directing the commissioners to transfer to the Treasury of 

the United States any moneys under their control for the purpose of 

meeting that interest Y That is the question which addresses itself 

to us. I vonfess I feel some embarrassment in voting upon that proposition, because in doing-so I may by my vote direct the payment of 

the interest upon bonds which, if properly inquired into, would be 

found to be issued illegally and withont authority. I do not think 

the matter ha.s pa88ed beyond the control of Congress. We may inquire into the legality of the issue of these bonds, and whether the 

present holders obtained them in settlement of illegal contr~wts, and 

if o, whether they do not holcl them subject to all equities. I recognize clearly the obligation of the Government to provide for the 

payment of the interest upon every bond which has been properly 

and legitimately issued. Therefore I feel embanassed in voting upon 

this proposition, because I do not wish to avoid the proper responsi- bilities which attach to the Government of the United States, nor do 

I wish by any vote of mine to sanction the issue of a bond which has 

not been issued in conformity with the requirements of law. I have no such tender sympathies for the holders of these bonds that I would 

not inquire into the validity of the bonds, and would not ascertain 

precisely the title of the bondholder to the. bond which has been 

issued and deliverable to him, and if I found that any contractor had 

received this bond for the execution of any illegal contract mad by 

the board of public works I would not hesitate at once to say that 

he took that bond subject to all the ~quities in the case. As I have before said, this board of commissioners had great embarrassments surrounding them. The board of public works had made 

large contracts, many of which were outstanding a:::td-unexecut d. 

l\Iany of the contracts had been executed, and no provision for their 

payment had been made by the board of public works; and a very 

large amount of certiftcates of indebtedness bad been i sued and were in the hands of contractors, or had been transferred by them to other 

holclers. I have no question that if properly investigated many of 

those certi:fic~tes would be found to have been not properly delivered 

by the board of public works. We appointed a board of audit, and 

that board of audit examined the claims presented an~ passed upon • them, and delivered certificates according to the audits made. In my 

opinion it was utterly impossible that the board should not deliver some of those certificats to men whose contracts were fraudulent and 

without authority of law. Their authority was not to pa upon 

the legality of contracts, but of claims under contracts made by 

the board of public works. That the board of audit designed to 

act properly I have no question. I have no doubt but that all of 

those gentlemen, the board of audit, the funding commissioners, and 

the commissioners Of the Dist1ict are honest meu, but they have been 

imposed upon in my_ opinion in many instances. To provide now for 

the payment of the interest of these bonds becomes a ratification to n. certain extent by Congress of everything t.hat has been done by these 

boards. It is for that reason that I say I feel some embarrassment in 

voting upon the plain provisions of this bill. Looking at it, however, 

in all its bearings, seeing that Congress authorized the e various 

boards, the board of audit and the board of commissioners! and con- ferred upon them authority to issue bonds, I do not see any other 

way out of the dilemma than by maintaining what I conceive to be 

the honor of the Government, by providing for the payment of the 

interest of these bonds. If there were some way to investigate and 

to a-scertain which of these bonds had been properly and legally deli V· 

ered and issued, and the precise bonds which had been ille~ally issued, 

issued in the payment of illegal contracts, orill!3gal certificate given on account of illegal contra-cts, I do not hesitate to say that I, for one, 

would take my ~,and and refuse to provide for the interest upon these 

bonds until there had been a thorough investigation of them, and 

then only for such as had been properly issued. 

I am not here to arraign the board of public works. In the discussion yesterday the Senator from California [Mr. SARGENT] entered into a lengthy defense of the board of public works. Whatever glory may 

attach t.o the Senator from California for such defense I cheerfully 

concede. In my opinion the action of the hoard of public works ha 

not only been condemned by the a{)tion of this Senate in destroying 

that board, but its condemnation has been ratified by the people of this 

entire country, and no effort of the Senator from California or of the 

Senator from Indiana [Mr. MORTON] or any other Senator on this 

floor can bring back respectability even to its memory. 

The board of public works has inflicted upon this District a burden greater than has been inflicted upon the people of almo t any city in 

the world. 

Within a few years there has been an expenditure in this District 

in the neighborhood of $30,000,000, and perhaps more than that. I am told that the public debt of this city at the present time is about 

$23,000,000. Such was the assertion of the Senator from Iowa [Mr. 

.ALLISON] yesterday. In addition to that, millions of clollars have been · abstracted in money by taxation from the property-holders in this Di · trict and expended by this board of public works. Besides that, there 

have been large appropriations made by Congress in money expended 

under the direction of that board of public works and what have we in return T About a hundred miles of streets, concrete and woodpaved streets; and what is the condition now of the improvemen 

which have been made f .Just look at Pennsylvania avenue. We all see it daily. That job, for I call it a job, that improvement, which cost a large amount of money, to-day is in a condition that it is scare ly 

safe for vehicles; and I say here that I would rather have a common dirt road to drive upon than to drive upon Pennsylvania avenue in 

its present condition. The board of commissioners themselves in their 

estimates of expenditures for the present year estimate that it will 

cost $286,000 to repair Pennsylvania avenue. According to th reports 

of these commissioners the sewers contracted for and paid for under the direction of the board of public works are in such a condition that 

it will require in the present year an expenditure of thousands of dollars. They have already required thousands of dollars to keep them 

in proper working order to run off the drainage. Go into whatever 

part of the city you may, you will find the work done by this board of 

public works and by contracts made under them, improvements which were carried on under their direction, in such a dilapidated condition 

that it will be necessary within a few years to remove the whole of 

them. 

This js the consideration which we have hacl for the e $30,000,000 

that Lave been expended since, say, 1871. That wrong has been inflicted not only upon the peopJe of this District who have been largely 

taxed, but has also been inflicted upon the people of the whole country, 

whose money taken out of the publicTre~ury has beendrawn upon, 

and which in the future must be drawn much ~ore largely upon, to 
1876. CONGRESSIONAL RECORD. 857 

pay this debt created by these gentlemen cannot be denied nor can it 

be excused. If the Senator from California can make any capital for his party, or if any glory will descend upon him in becoming the especial defender 

of the board of public works, I certainly do not envy him his laurels. 

It was this board of public works, the former government of this city, 

that ha~ laid the foundation for the large expenditures which have 

been made in the last year by the board of commissioneTs. They found 

themselves in such a condition that to carry out the provisions- of the 

act of Congress which created the pre ent board of commissioners it was necessary that they should expend lar~e amounts of money in or- der to preserve and protect the works wh1ch had alrea-dy been com- menced by their predecessors. They found themselves embarras ed 

by what had been done, and in order to carry it out and to preserve 

the works, the sewerage system and the streets that had been com- menced, they were compelled to spend a. large amount of money. 

They not only found these works commenced, but they found hundreds and thousands of persons who had been employed, who had performed labor and carried out contracts under the board of public 

works, unpaid. In passing down Pennsylvania avenue we all remem- ber there were thousands of men congregated daily for months near Four-and-a-half street, waiting anxiously for the pay which was denied them for work which they had performed under the board of 

public works. Congress, in its humanity, in order to relieve the ne- cessities of the e laboring people, actually put their hands into the 

public Treasury and paid the debts which this board of public works 

ought to have paid or ought never to have contracted to pay. 

I do not wi h to say personally anything about gentlemen, whether 

they belong to the board of public works or not. It is no part of my 

duty at the present time, becau e that board of public works has passed 

out of existence, and yet, when I remerqber the great injustice that . was done to the people of this District by that board, when I remem- ber the great wrong that has been done to the people of the country 

by permitting the creation of a debt under their auspices amounting 

to some $23,000,090, I feel a degree of indignation that will justify me in saying that they were instead of a public blessing to this city and 

this District, as they claimed to be, they were a curse to the District 

and a curse to the country. Some of them have grown rich; I shall 

not attempt to say whether honestly or dishonestly, but some of the 

people of this District have grown poor. While the Senator from 

California [Mr. SARGENT] yesterday was speaking of the great improvements in this city, and, according to my remembrance, intimated 

that nobody would restore the old order of things, I thought the humble poor man whose home had been sold to pay the taxes imposed by 

the board of public works perhaps would not respond to the sentiment uttered by the Senator from California. 

1\Ir. SARGENT. I should like to ask the Senator if he does not 

know it as a fact that to the very extremities of the city the home 

of the poor man as well as of the rich rose vastly in value, so that 

lands which before that time were worth but from seven to twentyfive cents a square foot rose to from one dollar to two dollars and a half, lifting up the whole value of property in the District! 

Mr. SAULSBURY. Unfortunately it is not the poor man that owns real e tate as a general rule. The Senator from California knows that 

not only in this Distlict but throughout this entire country real es- tate is i.J1 the hands of too few men. But if there wa~ a poor man who 

owned a cottage in the suburbs of t,his city, and it is true that there 

has been some enhancement in the value of his little home, is it not 

equally true that the burdens which have been imposed upon him by 

increased taxation have rendered that home uncomfortable f Does 

not the Senator from California know that · there have been sales of 

real estate for the purpose of paying taxes, the property of persons 

who were unable to pay the taxes imposed by this board of public 

work Y Why, sir, the report of these commissioners shows that there 

is litigation now pending in the courts to prevent threatened sales of 

real estate for the payment of taxes and to prevent the contirmation 

of sales already made. I think that is the ca e. No, sir, it ha~ not been in the interest of the poor man, but, as wa~ 

said yesterday, I fear that it has been in the interest of the men be- lon~g to the pool, that these streets have been extended for miles into tne uburbs of tho city. Why is it that palaces are rearing in these 

suburbs¥ Ah, sir, when you find that away out on the suburbs of this 

city some nabob, some man of wealth, bas made large purchases, and 

erected large palaces, then you understand the reason these improvements have been extended to that extent. It was not for the benefit 

of the tenant of the bumble cottage, but it was in order that some such man's property might be enhanced. That, in my judgment, was the secret of this wide extension. Before orne of the streets of this 

city are built up that nave cost thou ands and hundreds of thou ands 

of dollars, the streets themselves will be dilapidated, and will require 

repairing. But some fortunate speculator had bought a property 

away out on Connecticut avenue, or in some other part of this city, 

and forthwith the board of public works pushes the improvements in 

that direction. The consequence has been, that now we have a Dis- trict debt of about 23,000,000, according to the Senator fi·om Iowa 

yesterday, besides the vast exp.enditurcs of money obtained from taxation upon the taxables of this District, and from appropriations 

ma<lo by Congre . Now, wb.._'ltevcr may ue proper to bo done in reference to this bill, I 

hope that it will not be passed. until there is some limitation upon the 

amount of indebtedness that shall obtain in .this District and some limitation upon the amount of work that sha.ll be done. 'Vhy, tak~ 

up the estimates for the present year by the board of commissioners 

and see. I have before me the estimates for the fiscal year ending 

June 30, 1876. Look at them : For sweeping streets, 25,000 for this 

year and GO,OOO for next year; sweeping alleys, 4,000 for tho present fiscal year aud $12,000 for the next fiscal year. These are the 

estimates of this board of what it will be necessary to expend. For 

repairs of concrete pavement, $36,000 for the present fiscal year and 

64,000 for the next fiscal year. Repair of wood pavements, $185,000 

for the present fiscal year and $309,000 for the next fisca-l year. 

And so these expenses are to go on ad inji.nitu1n, involving the ne- cessity of an expenditure of millions of dollars to run a Bingle city, 

unless there is some limitation placed upon the power of the commissioners, or of those exercising authority under the act of Congress, to 

incur expenditures. • I approved of and voted for the amendment of the Senator from 

Vermont, to limit the amount of indebtedne s, both bonded and cer- tificate indebtedness, and to provide that no further indebtedness 

shall be created; but I want something further than that. I want some authority somewhere placed in the law that shall restrict tho 

authority of these commissioners to do anything which is not absolutely and positively necessary and indispensable. I do not care about 

having these streets swept three times a day, if is to co t $60,000. Let us put up with sweeping the streets less frequently. I do not care about having everything made in the best order, and kept, as we sometimes say, in apple-pie order. Provided we can limit the ex- penses of the city, I am willing to see this city, not the great me- tropolis spoken of the other day by the Senator from New J ersey, 

but let u.s keep it a respectable city, worthy to be the metropolis and, 

only worthy to be the metropolis, of a plain republic, and not such as becomes the abode of monarchy and aristocracy . Mr. President, I hope that there will be some limitation upon the 

authority of these commissioners to expend money. The amendment 

offered by the Senator from Vermont limits the amount of iodebted- ness, but, a.a I understand it, it does not limit the amount of ex- penditures; these commissioners, therefore, may go on and do what- soever they think proper, and call upon Congre s hereafter to furnish the money or impose taxation upon the people of this District 

to raise the money. Let us limit their authority to expend money. 

I hope that will be done. 

I have already, Mr. President, spoken much longer upon this subject than I intended. In fact, I did not propo e until a few minutes 

ago to enter into the discussion at all, but it has become a matter of 

such interest to the people of the country, when the expenses of the 

city are being constantly increased and the indebtedness of the coru1 try on account of the expenses in the city are being constantly increased, 

that I have been disposed for one to raise my voice in favor of some limitation upon the expenditure of money on this capital. 

Mr. BOGY. 1\Ir. President, I hope the Senate will not be unea ·y at 

seeing me get up at so late an hour. I do not intend to make a speech, 

but the subject has been discussed at such length by Senators that 

really, although I thought I understood it at first, I must candidly 

say that I do not now. After all this discus ion I ri e for information. I wish to know, and I would ask the Senator from Maine, who 

is so full of information on all subjects, to let me know who now is 

authorized to issue any evidence of debt, either in the shape of a cer..: tifi.cate or a bond which is binding upon us. I see an effort made 

here by uifferent Senators-and the amendment of the Senator from 

Vermont looks to me in that direction, and that of the Senator from Texa~ also-to arrest the power which is a~un1ed to exist somewhere 

to create an additional debt binding upon, us. Now, sir, I should like 

to know in all candor who is authorized to make that debt. In reading back the first law passed on this subject, I observe that there was a board created called the board of audit. That board waa authorized 

to audit-we know the meaning of the word-certain cla ifications 

of claims. The time was limited to ninety days, wa~ it not f 

Mr. MORRILL, of Maine. Originally. 

Mr. BOGY. Originally it wa~ limited to ninety days. It was ex- tended time and again. The last extension was pa-ssed on the 3d of 

March, 1875, and thetiine was extended to the 1 t of July, 1875. Now, 

since the 1st of July, 1875, who is authorized to issue a certificate • which is binding upon us¥ Who is aut.horized to issue a bond which 

is binding upon us! I should like to know. 

As I understand the law of June 20, ll:i74, with all Hs amendments, we did authorize, wisely or unwisely, a certain board, called the board 

of audit, to allow certain characters of claim against this Government and to issue a certain cla s of bonds which we call the 3.65 

bonds. There was no limit, unwisely. -It mis suppo ed at the ti~e 

they could not exceed $ ,000,000, from what bas been stated around 

me; but yet there was no limit in the law, and it .is said, and I believe said with great truth, that the board was extravagant and 

allowed claims to the amount of thirteen millions and some hundreds 

of thousands of dollars. And yet the power did exist in that board 

to allow· those claims; but the power does not exist now. It may be 

true that the board has the power to issue a bond for a claim which 

has heretofore been passed and has been changed from an open ac- count into a certificate of allowance. That may or may not be true; 

but, certain it is that, since the 1st of July, 1 "75, this l>o:1rd, as regards thh~ power of auditing, is functus officio. Is it not! If the Senator 

t' 
858 CONGRESSIONAL RECORD. FEBRU.AR:Y 3, 

from Maine will reply to this, I shall be under great obligations to 

him, as I have been often before. 

1\fr. MORRILL, of Maine. I will read the statute of December 

21, 1874. . 1\fr. BOGY. That is a joint resolution. 

Mr. MORRILL, of Maine. Yes, sir. 

That the board of audit constituted by section 6 of the act entitled "An act for 

the government of the District of Columbia, and for other purposes," approved 

June 20, 1874, be continue(l until otherwise provided by law with all the powers and duties specified in said section, and with compensation to the members of tho 

board at a rate proportioned, according to time, to that granted in said act, and pay- able as therein provided. 

1\Ir. BOGY. But pardon me; go on. 

And the time for presenting claims is hereby extended for the period of thirty days from this date. 

Mr. MORRILL, of Maine. That time ha.s been by a subsequent act 

extended. • · 

Mr. BOGY. I grant that. We will go on step by step to the act of 

March 3, 1875. I take it-and if I am mistaken I desire it to be cor- rected-that the act of March 3, 1875, is the last act on the subject, an act which ought not to have been passed, but which was passed r without one single vote in opposition to it, for I have referred to the 

RECORD; an act reported by my friend the Senator from Maine. I 

find it in tho Statutes at Large, page 509, and I will read it: 

That the board of audit constituted by the act entitled "An act for the govern· ment of the District of Columbia, and for other purposes," approved June20, 1874, may receive, auilit, and allow just claims against sa1d District of the first and sec- ond classes mentioned in the sixth section of said act, and claims for refunding sewer taxes, notwithstanding the limit of time for present.ation contained in said 

act, and in the joint resolutionJust readto continue said board of audit, approved December 21, 1874: Provided, That such 

claims shall be presented prior to the 1st day of July next. 

That law was passed :March 3, 1875; and now I will ask the Senator from Ohio if there was any law subsequent to that 1 

:Ur. SHERMAN. I know nothing about it. 

Mr:BOGY. I ask the question in all candor. I pnt it to the Senator fl'Om Maine. If this be the last law, I ask the plain, common- sense question, who in the world has the power this day to issue nny 

evidence of debt which is bind in~ upon us T . 

Mr. MORRILL, of Maine. I will state to the Senator what my un- derstanding is. That applies solely to the obligations and contracts 

of the old board of public works; so far as the presentation of claims 

growing out of those is concerned, there is a limitation; bnt, so far as expenditures are concerned made by the present commissioners under 

the authority given them, I do not understand that there is a limitation; and therefore, as to the latter classes of claims, there may be an indebtedness createcl since the time fixed. 

Mr. BOGY. My reply to my friend from Maine is simply this: I 

have listened to the argument ma.de by different Senators on this subject. To me, to use comteous language, it is the baldest construction 

I have ever seen or heard, to· attempt to construe a power from the 

first section of the act of 187 4, as in the most remote manner bearing upon the board of audit. The board of audit is created by the 

sixth section of that ori~inallaw, and before the sixth section is put 

down in that law there 1s no provision in the wide world for such a thing as a board of audit in relation to the District of Columbia; and "if that section bad not been made the law that board never could 

have existed. Then you must go to that section for the meaning of 

the very law·that breathed life into that conc~rn. What does it say' 

The seventh section says it shall have a right to audit the claims enu- merated in the preceding section; that is, the sixth section. I want 

to be direct and plain. The sixth section creates a board of audit, 

enumerates it.s powers. The seventh section authorizes it to issue 

certificates ; and it says those certificates shall be used for nothing 

else but those claims that are enumerated in the sixth section, and 

the claims enumerated in the sixth section are not now in existence 

and cannot be; and I say, as a matter of law, that since the 1st day 

of July, 1875, no board of audit, commissioner, mayor, or other person h~d any right to issue any paper whatsoever, call it a certificate or call it a bond, which is binding upon us; and since the 1st day of July 

that board has b~n as dead as death can be. It has no power on earth; and I would suggest that we· investigate and find out what 

that board has done since that time. I say it has no power more than 

I have individually to bind Congress_. The very last act that ex- tended it expired on the lst day of July last; and this strange con- struction put upon that act by gentlemen here cannot be sustained; 

it is impossible. 

I am unwilling to do anything bywhich honest contractors may by 

possibility be deprived of converting their certificates into bonds, for 

the simple reason that tho honest contractor is not as sharp as the dishonest speculator. There may be honest men who have taken their 

certificates and have kept those certificates in good faith; but when- ever a man bought such a certificate he at once had it converted into a bond. I would do nothing to prevent that class of' people who hon- es~ly got their certi:fi~ates getting their pay, if I can reach it in any farr way. . . But I come back to the question I put tO" my friend from Maine, 

who is remarkably well versed in regard to all the atfairs of the District of Columbia. I have a right to say so, because he once produced here before us the most appalling thing I ever saw in my life, 

drea.dful to look at and horrible to hear, in rehlttion to that subject ; 

and I give him credit for great industry, provided he did that work 

himself. But·he, with all his knowledge on this subject, admits that 

there is no law since the act of March 3, 1875; but he goes back to the 

first law, that of June20, 1874, and the first section of that law, which 

section only enabled the board then. created to expend the revenues and the taxes, and not-hing more. It never was contemplated ; and no court on earth would sustain the construction that has been placed 

upon it here by gentlemen. I have listened to the argument of my 

friend from Indiana, [Mr. MoRTON,] who is always remarkably able, 

although on the wrong side, as he is generally. [Laughter.] He has 

that remarkable ability which can "make;the worse_ appear the better reason." I always listen to his arguments as a matter of pleasure, 

to see how an ingenious man can make things appear right which in 

their natme are wrong. He argued the other day that it would be a very hard ca.se if a street was partly completed not to complete that 

street; and so it would be; but this is a.ll aside of the subject. We are attempting to stop this thing. I wish it stopped in a fair and en- lightened and broad spirit. I feel a pride in the city of Washington, 

I like to see it prosper. I am glad to see its broad streets well paved 

and in good condition; but I want all that to be done with some de- ~ree of moderate honesty, not perfect, because we must not look for 

1t, but some little degree of honesty. 

Now, Mr. President, I will stop my speech-1 promised you whell 

I started out that I would not annoy you long-with inquiring again 

who has the power to rnn this city in debt since the 1st day of July, 

1875; who has the power to issue a bond that is binding; who has the 

power to issue a certificate that is binding upon us 'I I say there is no board of audit or board of commissioners having any such power. 

I deny it entirely. 

Mr. STEVENSON. I want to offer an amendment. 

The PRESIDENT pro telnpore. .A. further amendment is not now in 

order. There is an amendment to an amendment alrea.dy pending. 

The question is on the amendment proposed by the Senator from 

Texas to the amendment. 

Mr. MORRILL, of Maine. Let that amendment be read. 

The CHIEF CLERK. The amendment to the amendment is to addAnd provided further, That the paving and grading of streets and alleys be discontinued until authorized by law. 

:Mr. SARGENT. I only want to say a word. I would like to inquire 

of the good. sense of the Senate whether the effect of that amendment 

would not be to prevent any repair3 of streets at all. If there should come a storm in the city and sink three or four sidewalks, or anything 

of that kind, would not all power be taken away, and if this happened during the recess of Con~ress the power could not be supplied 

at once 'I It is too sweeping entrrely. I object to the amendment for 

that reason. Mr. MORRILL, of Maine. The Senate ought not to adopt this 

amendment, allow me to say. It would stop all repairs of every description; and that is what the mover of the amendment tells me he 

desires to do. I cannot conceive that the Senate really desire to say 

that the commissioners of the District of Columbia shall have no power to make any necessary improvements on these streets. 

Now, on the poirit raised by my honorable friend from Missouri, 

[Mr. BOGY,] if there be any question about the power of this board 

of audit to issue more, that can ea{)ily be provided for. They cannot run us in debt any further. But on the question of making current 

expenditmes, the Senate really does not intend to say that these com- missioners in improving the streets and doing other ordinary service 

shall not have the power to expend the revenues in their hands. Beyond that of course there is no power to go. I hope therefore that 

the amendment will not be accepted. 

The PRESIDENT p1·o ternpm·e. The question is on the amendment, to the amendment. 

Mr. COCKRELL. I call for the yeM and nays. 

The yeas and nays were ordered and taken. 

:Mr. CLAYTON. I should like to have the amendment read again. 

The PRESIDENT pro tempore. It is not in order while the vote is 

being taken. 

Mr. CLAYTON. Then I desire to change my vote, [having first 

voted" nay."]; 

The result was announced-yeas 31, nays 31; as follows: 

YEAS-Messrs. Bayard, Bogy, Caperton, Clayton, Cockrell, Cooper, Davis, Den- nis, Eaton, Goldthwaite, Gordon, Hamilton, Hitchcock, Johnston, Jones of Florida, 

Kelly, Kernan, Key, Logan, McCreery, McDonald, Ma.xey, Merrimon, Norwood, 

Oglesby, Ransom, Saulsbury, Stevenson, Wa.llae.e, Whyte, and Withers-31. 

NAYS-Messrs. Alcorn, Allison, Boutwell, Cameron of Pennsylvania, Cameron 

of Wisconsin, Christiancy, Conover. Cragin, Dawes, Dorsey, Edmunds, Eng_l~h, 

FeiTy, Frelinghuysen, Hamlin, Ingalls, McMillan, Mitchell, Morrill of Maine, .Mor· rill of Vermont, Morton, Paddock, "Patterson, Robertson, Sargent, Sherman, Spen- cer, Wadleigh. West, Windom, and Wright-31. ABSENT-Messrs. Anthony, Booth, Bruce, Burnside, Conkling, Harvey, Howe, 

Jones of Nevada, Randolph, and Th=an,-10. 

So the amendment to the amendment was not agreed to. 

Mr. EDMUNDS. I move to amend the amendment by adding after 

"District of Columbia," in the clause that WM inserted on my motion, 

these words, which are designed merely to impose a penalty upon any 

officer or person who shall violate the prohibition against increasing 

tbe total indebtedness of the District: 

And any officer or person who shall knowingly increase, or aid or abet in increas- ing, such ·total indebtedness shall be deemed guilty of a high misdemeanor, and on conviction thereof shall be punished by imprisonment not exceeding ten years and 

by fine not exceeding 10,000. · 

The amendment to the amendment was agreed to. 
1876. CONGRESSIONAL ~ECORD. 859 

Mr. WRIGHT. I was about to call the attention of the Senator 

from Vermont to the language of. his amendment. I have an impression that it does not accomplish the purpose he aims at. As I 

tmderstand the amendment, it punishes any person if he shall a-ssist or abet in inerea..sing the total indebtedness even under the maximum 

amount. 

Mr. EDMUNDS. No, Mr. President. It is "such total indebtedness." If the Secretary will be kind enough to read the clause already inserted limiting the total indebtedness, and then this clause 

which we have added to it, my friend will see that the present total 

amount shall not be increased, and any person who knowingly undertakes to increase it shall be subject to the penalties of the law. 

Mr. WRIGHT. It may be that I am mistaken. Will the Secretary 

be good enougll to read it again. 

The PRESIDENT pro tempo·re. The clause will be read. 

The CHIEF CI.ERK. The clause to which--

Mr. STEVENSON. Has not the amendment offered by the Senator 

from Vermont been adopted T 

The PRESIDENT pro tmnpore. It has been adopted. 

Mr. STEVENSON. Is it Iiow in order to offer another amendment T 

The PRESIDENT pro tem,pore. It is. 

Mr. STEVENSON. I wish to offer an amendment. 

Mr. EDMUNDS. I hope the Secretary will be allowed to read the 

clause in connection, because if there is any eiTor about it I will move to reconsider that it may be made right; but I think it is right now. The PRESIDEN'I' pro tempore. Is there objection to reporting· tho 

amendment just adopted in connection with the preceding clause 'I 

The Chair hears none. · · The CHIEF CLERK. In connection with the following clauseAnd there shall be no increase of the present amount of the total indebtedness 

of the District of Columbia--

These words were added : 

And any officer or person who shall knowingly increase, or aid or abet in increasing, suc}:l total indebtedness shall be deemed guilty of a. high misdemeanor, 

and on convi~tion thereof shall be punished by imprisonment not exceeding ten years and by fine not exceeding 10,000. 

Mr. MORTON . . I suggest that in order to make that a criminal 

offense it should be done ~owingly and fraudulently. Unless a fraudulent purpose is connected with it, it seems to me it should not 

be a criminal offense. There might be a mistake of the law. I think 

all statutes of that kind use that word. . Mr. WRIGHT •. I wish to say just one thing more. It may be that 

this amendment, in connection with what }lrecedes it, may be precisely as the Senator from Vermont contemplates; but I have very 

great fear that he will . find, if the courts should come to construe 

it, inasmuch as the construction of course would be most liberal in 

favor of the person charged, that the construction would be different 

from what he contemplates by his amendment. But of course} as he 

has explained it and understands it and has drawn it, I shall not make 

objection. · Mr; EDMUNDS. When the bill comes into the Senate, if my friend, 

having examined the clause and run his eye over it, can suggest any 

improvement by which we shall denounce the penalty of the law 

with certainty upon a violation of what we now say shall not be 

done, as it has been violated hitherto, I shall be rriost happy to have 

anything a-dded or changed. · The PRESIDENT P'I'O tempore. The Secretary will report the amend- ment proposed by the Senator from Kentucky, [Mr. STEVENSON.] 

The CHIEF CLERK. It is proposed to insert at the end of the amendment the following: 

Provided, That the board of audit created by the "act for the government of the 

District of Columbia," approved June 20, 1874, is hereby abolished, and shall, immediately upon the approval of this act, transmit all the books and property in 

their possession belonging to the District to the commissioners of the District of 

Columbia, and shall make a ooport of their proceedings not hitherto made. 

:Mr. STEVENSON. I agree with the Senator from :Missomi [Mr. 

BOGY] that this.board of audit had no authority after 1st July, 1875,· to audit or allow any just claims a~ainst the District of the first and 

second cla~ses mentioned in the SIXth section of the act approved 

June 20,1874, norto allow claims for refunding sewertaxes. The act of 

l\Iarch 3, 1875, limited the presentation of all such claims to March 3, 

1875, If this board of audit have allowed claims to be presented after 

the period last named they have exceeded their authority. .A.ll snch 

claims presented and audited after July 1, 1875, are null and void, 

whether they are. in certifi.cn.tes or in 3.65 bonds. I would be glad if 

the Senator from Maine [Mr. MORRILL] would inform the Senate if 

any of these bonds were issued upon claims·filed and audited by the 

board after July 1, 1875. · It occurs to me, Mr. President, that weare acting in the dark. We 

have no sufficient information as to how many of these fifteen million 

bonds are va,lid and how many are invalid. Here is a board of audit, 

which has no power to receive claims after July 1, 1875-which, after that period, so far as the reception of new claims wa~ ftmctu8 

officio-still going on, in despite of the limitation imposed by the ad 

approved March 3, 1875, and no Senator can say-nor is there any 

information on which a rational opinion can be based-bow many 

of th_e bonds the ~terest of which are to be provided for by this bill were Issued on clauns presented after the 1st of July, 1875, or oil claims 

presented before. If, as has been stated, the audit board have allowed claims to be presented after July 1, 1f;75, tq,ey have violated 

their duty, and all such claims and bonds issued in lieu of them are null and void. 

I have no information of the actings and doings of this board of 

audit. I hear it statfld in this debate, and not denied, that they have 

audited the counsel fees of the old board in defending themselves 

against the charges before the committee of investigation. If they 

have done so then it was a clear violation of law. They possessed no valid authority, as I think, to audit aily such claims. This board of 

audit was created by the sixth section of the act approved June 20, 

1874. 

That act, as I construe it, applies only to contracts prior to its en- actment. Its clear intendment was to clothe the board of audit which 

it created with power to pa.ss npon claims :tlready contracted, to liquidate obligations arising upon valid contracts already in exisj;ence and 

entered into by the board of public works, and such others specified 

in the act. One of the direct limitations of the act was its application and exclnsive reference to claims existing priortoitsenactment. 

By what claim of authority did the board of audit proceed to audit 

claims arising long subsequent to tbat act T What line or word in 

the statute creating this board of audit justifies their allowance of 

counsel fees for d~fending the old board of public works 7 And with 

what semblance of authority can that board receive and audit claims 

after the 1st of July, 1875 f 

Mr. President, I am dumbfounded at the developments of the irregularity which has marked the increase of this gigantic debt. Nobody seems to understand it. Senators say we must meet the interest of 

these bonds and inquire into their validity hereafter. They insist 

that these bonds are valid in the hands of innocent holders, although 

issued in direct violation of law. I deny that as a proposition of law. I insist that every purchaser of a negotiable security is bound to look 

to the authority of law under which it is issued as well to the face 

of the bond itself. Both put him on his guard. If either show.a 

want of authority to issue the security or a want of title in the party 

selling them, I insist that the bond is void, even in the hands of an innocent holder for value. Such is the doctrine established, as I 

think, by a long series of well-considered opinions both in the Supreme Court of the United States a.I).d in the State courts. I know 

the legal ability by which I am surrounded, but I do not think I am mistaken in my statement of the law. 

Take the ordinary ca8e of railroad bonds issued by counties or cities 

for subscription to stock in railroads. Did the county or municipality 

have power to subscribe stock and issue its bonds 7 Were such bonds 

issued and sold and the stock issued f If so, the bonds are valid, even though certain other requisitions, such as popular votes by the county or city, were not complied with. But if the act under which the 

bonds were iSsued did not authorize their issue or did not empower 

the county or municipality to subscribe the stock, then I insist, upon 

principle and authority, that the bonds are void in the hands of inno- · cent purchasers for value. . It does not therefore follow that all these 3.65 bonds are valid. The 

solution of that question depends on evidence not before us. Let me illustrate: Suppose a claimant obtained a certificate from this aud.i,t- ing board issued on a claim filed after their term of office had expired, 

say 1st of July, 1875, and had exchanged for a 3.65 bond; is it valid in 

the hands of any one who had notice of the fac~s f Must not every 

purchaser of such bond look to the law under which it is issued T 

Can it be claimed that the United States is bound for any bond issued 

in palpable violation of law T Now, until there has been an investigation of the facts under which these bonds were issued and the law 

has been judicially construed which it is claimed authorized their 

issue, there is no binding obligation on the United States to pay them. 

I go as far as the farthest in protecting the faith and credit of the 

United States· as to all its valid obligations. I will not go further. I 

will not consent to tax the people of the United States to the amount 

of five millions for fraudulent, invalid obligations, lest the credit of 

the Government might be impaired. I wa.i:J.t light. I do not say how 

far or to what extent the faith of the United State is pledged to pay ·these bonds. I cannot determine that question until the actions and 

doings of this board of audit is ascer:tained and made publi~. 

My friend from Missouri [Mr. BOGY] bas clearly shown us that this 

board of audit had no authority to receive any claims after July last, 

still less had they a right to audit them. I do not know whether it 

be true or not that they have ever issued certificates on claims re- ceived after that date. I am wholly in the dark on that su bj eot. All 

that I mean to say is, if they have their action is invalid and the cer- tificates are void. I wish therefore to abolish this board of audit. Mr. BOGY. I understand that the board of audit is now at work 

issuing certificates of indebtedness and issuing 3.65 bonds. I am so informed. Whether my information is correct or not, of course I do 

not pretend to know. 

Mr. STEVENSON. And therefore my amendment for the abolition of this board of audit is the more material. Every certificate or claim issued after the 1st of July is as worthless as the paper on which 

it is written. I care not whether such certificates are held by 

innocent holders or not. We have rumors enough of the rashness of 

this board of audit to demand of the Senate every possible guard 

against the exercise of unautborjzed power by officials in this District. It was for the very reason that I heard what the Senator from 

Missouri has told us that the board of audit was still receiving claims 

for audit that I proposed my amendment. I do not mean to reflect 
860 CONGRESSIONAL REOORDo FEBRUARY 3, 

on the board of audit. I wish to do them no injustice. It may be 

that their action has been misrepresented. If so, my amendment can tlo no harm. It can iujm·e nobody. "To be forewarned is to be forearmed." 

The law has bee;n. sadly misconstrued. I think the commissioners 

have misconstiued it, and most assuredly the board of audit have 

grievously done so. Let us guard the act by li_mitations about which 

there can be no tlonbt. 

Mr. MORRILL, of Maine. If my honorable friend from Kentucky 

is as confident as he seems to be that the power of the board of audit 

lla expiretl, there is no n ecessity for his amendment. 

Mr. STEVENSON. I say to the honorable Senator that the infortuation conveyed to the Senate by the Senator from Missouri [Mr. 

lloGY] is that although the power of the board to receive claims ex- piretl on 1 t of July, 1875, yet that this andit1ng board is at this mo- m nt going on in receiving and auditing claims. 

Mr. MORRILL, of Maine. This would not prevent it. 

Mr. STEVENSON. I di.ffer with the Senator. It would prevent 

it. It would at lea.st stop the sale of bonds and certificates. . Mr. MORRILL, of Maine. They would not stay abolished. If they 

have been alloli bed by limitation of law this will, not add anything 

to it. Let me read the statute again: 

Tbat the boaru of audit constituted by section 6 of the act entitled "An act for 

the government of t-he District of Columbia, and for other purposes," approved June 20, 1874, be continued until otherwise provided by law with all the powers anu duties specilied in saicl section. 

Mr. MORTON. Has it been" otherwise provided;, since' 

Mr. MORRILL, of :Maine. It ha.s not been, as I understand and be- lieve, proviued otherwise. That is the law, and so stantls now. They wer~ continued until otherwise provided by law. 

1\Ir. BOGY. Is there no limitation to thatf 

Mr. MORRILL, of Maine. Not the slightest. All this has sprung 

up under a misapprehension. My honorable friend from Missouri ar- gue a limitation on that from this clause, a8 I understand : 

.And the time for presenting claims is hereby e.x:tended for the period of thirty 

days. 

That is all the act that I am aware of. Mr. STEVENSON. Which act is the Senatorreadingfrom, the act 

of the 3d of March, 1H75 Y 

Mr. MORRILL, of Maine. No; the act of the 21st of December, 

1874. 

Mr. BOGY. There wa.s an act subsequent to that. 

Mr. MORRILL, of Mai.J}e. What my honorable friend from Missouri suggests as a limitation is no limitation at all upon the act. It 

is a limitation upon the authority to present a certain class of cL'!>ims 

within thirty days. I wish to say ono wortl to my honorable friend from Kentucky, who 

I ·know is disposed to do what is right. He should remember that the 

board of audit is an independent board in its authority, as independent of the discret.iou or control of the commissioners a8 the Senate itself. Mr. STEVENSON. I so understand. 

Mr. MORRILL, of Maine. But I understood my honorable friend 

to ay that he wa.s surprised that this board would allow the auditing 

board to examine that cla of claims. 

1.\Ir. STEVENSON. I did not intend to be so understood. What I 

intended to say wa that I wondered that the commissioners should 

not have looked to see that this board of audit was exceedingitspowers. Mr. MORRILL, of Maine. They hail not the slightest supervision or control over the board of audit. The board of audit wa.s entirely 

independent of the board of commissioners. Each acted in its own sphere. Mr. DAWES. Will the Senator from Maine be kind enough to ex- plain a little more' We do not understand him here. I should like 

to inqui.Te the date of the statute he has been reading. 

Mr. MORRILL, of Maine. The 21st of December, 1874. . Mr. DAWES. Does the Senator know what is the date of the stat- ute that the Senator from Missouri ha been reading f 

1\Ir. MORRILL, of Maine. I was commenting on that statute. Mr. DAWES. The sam~ statute f 

Mr. MORRILL, of Maine. The same statute, as I understand. The 

Senator from Missouri argued that the limitation as to filing a certain 

class of cla.ims within thirty days limited"also the authority of the 

commissioners to act. Mr. DAWES. I understood the Senator from Missouri to speak of a statute that was passed in 1875. Mr. MORRILL, of Maine. It has not been called to my attention. 1\h. DAWES. If the Senator from Maine will permit me, I will 

make the inquiry of the Senator from Missouri what is the date of 

the statute. 

Mr. BOGY. I read from the act of the 3d of March, 1875, which is 

the last act on the subject. 

1.\Ir. DAWES. Will the Senator road it again f 

Mr. BOGY. It i : 

That the board of audit COllStituted by the act entitled "An act for the govern- ment of the District of Columbia, and for other purposes," approved June 20 1874 may receive, audit, and allow just claims against. said District of the first an'd sec: ond classes inenti<Jllell in the sixth section of said act, and clain.ls for refundiiw sewer taxes, notwit.hstandi.ng the limit of time for. presentation contained in saia 

act, and in the,iointresolution to continue said board of audit. approved D ecember ~~x\~74: Provided, 'l.'hat such claims shall be presented prior to the Lst day of July 

My friend from Maine read from the resolution passed in December, 

1874. I understand his argument. 

Mr. DAWES. I should like to inquire, then, from the Senator from 

Maine what effect upon the law of 1t374 the law of 1875 had t 

Mr. MORRILL, of Maine. None at all as to the duration of the 

board. Mr. DAWES. I am not inquiring particularly as to the duration ·of the board, but as to its power. Mr. MORRILL, of 1\faine. It does not enlarge its power to my un- derstanding, but it gives claimants of a certain clru:~s a further time 

to present their claims to the board. In that sense it does enlarge 

the power. 1\Ir. DAWES. Doesitnotlimitthose claim.stothe lstof July, 18757 . 1\Ir. MORRILL, of Maine. D~ubtless . That is, it gives further 

tune to some of the classes of clarmants that had been recognized by 

the act of 1874; gives them a further day in court. 1\Ir. DAWES. When that da.y passed what would be their condition f 

Mr. MORRILL, of Maine. Upon every other class of claims which 

could be bron~ht before them, they are continued. 

Mr. DA WE~:;. The Senator does not quite understand me. What 

would be the condition of those holding that class of claims men- tioned in the statute of 1875 Y 

Mr. MORRILL, of Maine. If what¥ 

Mr. DAWES. After July,. I 75. 

1\Ir:MORRILL,of M~n~. Theyw~ml~ be without remed3· of audit, 

that JS all. What I s:ud m the begmmng and what I repeat now is 

that by the act of 187 4 this board does exist until Congress orders 

otherwise. It does not exist for all purposes. So far as the class of 

claims to which reference has been made is concerned, it does not 

exist, because the time for presenting those claims has expired; but 

nevertheless the board exists, and hence the propriety, or pertinency 

at least, of the amendtnent proposed by the Senator from Kentucky, if 

that is the proper thing to do. 

1\fr. BOGY. Allow me to ask the Senator a question. tam a seeker 

after the truth ... I desire li.g~t. The S_enator from Maine says that, 

under the prov1s10n of the JOmt resolutwn of 187 4~ the board of audit 

continues in existence until otherwise provided by law. Granting 

that that be so, that same joint resolution limits its power of allowing claims after a given time. Mr. MORRILL, of Maine. Claims of a certain claS's. 

Mr. BOGY. Pardon me; it limits 1ihe power of allowinu cla.i.m.s 

after a given time. T~ Se.nator from Maine-and he is sust~ined by 

the Senator from Califorma and also by the Senators from Indiana 

and Ohio, I think-contends that the board of audit originally had 

the power to pa.ss upon claims not enumerated in the sixth section of 

the act of 1874 but enumerated in the first section of that law; and 

to un~erstand ourselves, we should h~v~ to go primarily to the con~ structwn of the first law pa ed, to Wit, the law of 1874, to ascertain 

what power the board of audit had under that law, and then ee what 

power .has been continued '?Y these extension laws. Now, I take it, 

according to the constructiOn of the Senator from Maine, that al· 

though the board of audit does exist, yet it ha.s no power to receive 

claims to be allowed ~er the 1st of July, 1875. · Mr. CRAGIN. Will the Senator allow me to ask him a question¥ ~h. BOGY. Yes, sir. 

Mr. CRAG lN. Had not the board of audit the power to consider 

and determine all claims filed prior to the limitation in that law of 

1874 Y May they not have been filed at that time and not been con- si<lered until a long time af-terward Y That is the fact, and that is 

what they have been doing. 1\h. BOGY. I presume that the jurisdiction when once it has attached would continue; the judicial power would remain, and the 

law ~oes no.t prevent t~em from acting. It limits "the time for presentrng cla1ms." Clarms that haye been presented prior may be 

pas ed upon now. I presume that lS so; but I understand that is not 

the fact. One of the troubles that we are laboring under in passinu 

upon a matter of this importance is that we receive our informatio~ · from outsiders. My information may be wrong--

Mr. MORRILL, of Maine. The Senator rose to a.sk me a question. I am listening to ·a speech. · 1\h. BOGY. I wa.s going to ask a question. 

Mr. MORRILL, of Maine. Then I will hear the Senator with great pleasure. Mr. B~OGY. I do not care to say more just now. 1\h. MORRILL, of Maine. Did the Senator from Ma sachusetts rise 

to a k me a question' 

Mr. DAWES. I understand the Senator to have answered the questions that I put; but while I am on the floor, if the Senator from 

Maine1\fr. MORRILL, of Maine. If I am not liable to be further interrogated, I hope now we shall come to a vot~. 

1\h. DAWES. While I am on the floor, if the Senator will indnliTe 

me, he has th.e statute before him, an~ I ask him to be kind enough 

to tell me, With the statute before him, whether anybody could file 

with the boarcl of auilit a claim for work done upon sewers Mr: MORRILL, of Maine. I cannot answer. All I can say about tha~ IS that I understand that, so far as the claims recoiTnized by the 

resolution <?f 1874 and the statute of 1875 ·are concern~d, a ·to thut 

class of clan:ns, Jihey have not the authority to receive them 
1876. COl~GRESSIONAL RECORD. 861 

:Mr. DAWES. So, as the Senator is informed, they have not any anthority. 

1\Ir. MORRILL, of Maine. In regard to that class of claims where 

there is a limitatiou ou the time of their pre entation. 

Mr. DAWES. Then if it be trne that la ·t Fridn.y while we were debating this law claims to the amount of eighty or ninety thousand 

dollars were audited by the board, the Se~ator from l\faine does not 

know any authority foritf :Mr. MORRILL, of Maine. I neither know about the fact nor the 

anthority. I should say the inference would be such 8oS ia drawn by 

the Senator from Massa~husetts. 

The PRESIDENT pro ternpm·e. The question is on the amendment 

proposed by the Senator from Kentucky [Mr. STEVENSON] to the 

amendment. 

Several SENATORS. Let it be reported. 

The Chief Clerk read the amendment to the amendment, as follows: 

Provided, That the board of audit created by the act for the government of the 

District of Columbia, approved June 20, 1874, is hereby abolished, and shall im· 

mediately upon the approval of this act transmit all the books and property in their 

po session belonging to the District to the commissioners of the District of Columbia, and make a. report of their proceeding not hitherto made. 

The amendment tp the amendment was agreed to. 

The PRESIDENT p1·o tempm·e. The question recurs on the amendment originally proposed by the Senator from Iowa [1\fr. ALLISON] as amended. 

Mr. BOGY. Let it be r ead. · The PRESIDENT pro tempm·e. The amendment will be reported as it now stands. 

The CHIEF CLERK. The amendment as amended reads : 

Provided, That any further issue of 3.65 bonds under or by virtue of said act of 

Congress approved June 20. 1874, is hereby prohibited: Provided, That the certifi- cates h eretofore issued by the board of audit, including tho e converted into 3.65 

per cent. bonds and those which have not been so converted, and the certificates 

hereafter to be is ned by the board of audit or their succes or in office, shall not exceed in the aggregate the sum of 15,000,000. And there shall be no increase of 

the present amount of the total indebtedne s of the District of Columbia; a.nd any officer or person who shall knowingly increase or aid and abet in increasing such 

total inllebtedness shall be deemed guilty of a high misdemeanor, and, on conviction 

thereof, shall be punished by imprisonment not exceeding ten years and by fine not exceeding 10,000: A nd provided further, That the board of audit created by the act for the government of the -District of Columbia, a.pproved June 20, 1874, is hereby abolished, and shall immediately upon the approval of this ant transmit all the 

books and property in their possession belonging to the District to the commissioners of the District of Columbia, and make a report of their proceedings not hitherto made. 

Mr. EDMUNDS. I wish to turn the amendment that I had the 

honor to offer, as it now appears to be attached to a proviso which in a legal sense is a limitation upon the effect of some preceding paragraph or section in the bill, into a separate section, so that there shall 

be a full stop at the end of what is the preceding proviso, and then 

this shall begin. I believe we do not now say" Be it further enacted," 

but let it be a section, so that it shall begin as an independent proposit ion against an increase of indebtedness. 

The PRESIDENT zn·o ternpm·e. That transposition will be made. 

Mr. SARGENT. I call the attention of the Senator to the fact that 

this is a joint resolution: and it may be a query whether there cau be more than one section to a joint resolution. · 

Mr. EDMUNDS. There may be as many sections to a joint resolution, as my friend will see on looking into the statutes, as to a bill. 

That is a mere matter of the form of title. The Constitution authorizes a joint resolution just as much as a bill, and it must be presented 

to the President. It has the same force of law as a bill. Legislation 

should be by hill, I admit. I do not believe in the joint resolution 

business; but the legal effect is precisely the same. 

The PRESIDE T p1·o tentpm·e. If there be no objection the transposition will be made. The Chair hears no objection. 'l'he question recurs on the amendment of the Senator n·om Iowa as amended, which 

has been read. 

The amendment was agreed to. 

Mr. EATON. I offer this amendmeut: 

And provided further, That this act shall not in any way or manner recognize the 

liability of the United States to pay either the principal or interest of any such 

bonds as may have been issued on or since the 27th day of January, 1876. 

Mr. MORRILL, of Maine . . There is a provision already in the bill 

to that effect-not in those exact words, but to that effect-non-concurred in by the Senate, but which will be a question again in the 

Senate. If the Senator, therefore, will postpone the amendment un- til we get into the Senate, perhaps he will subserve the same end by 

action on the proviso to which I refer in the Senate. 

1\lr. EATON. If there is any such proviso it has escaped my notice. 

Mr. MORRILL, of Maine. I ask that the second proviso of the bill a it came from the House to the Senate be read. 

The CHIEF CLERK. The following proviso in the House resolution 

has been stricken out: 

And provided further, That nothing in this resolution contained shall involve 

the Government of the United Rtates in any obligation to pay principal or interest 

of any such bonds which h.'l. ve been issued contrary to or not in pursuance of law. 

Mr. MORRILL, of :Maine. That is the purpose of the Senator. Mr. EATON. Not quit o. I understand that until the bill is signed, 

that provision does not become a law. In other words, suppose the 

bill should not b e igned nntil the 15th day of February, the board 

couJd go on issuing these bonds until that day, a.nd not afterward. 

I propose that the United States shall not be liable for the payment 

of tho principal or interest of any bond that may have been issued on or since the 27th day of J a,nuary last. Therefore my honorable friend 

from Maine will see that there is a. very great difference between the 

amendment which I propose and the provision in the bill itself which 

has been stricken out. 

I want to give my reasons briefly for this amendment. I introduced a resolution this morning, hoping it would pass unanimously, but 

under the rules it went to the table. I understand. and I have no doubt 

of the truth of what I state, that on Thursday iast a resolution was passed by this issuing board that no 3.65 bonds should be issued until 

after action should have been taken by the Congress of the United 

States. 

Mr. SHERMAN. As my friend is making a statement now in the 

nature of the testimony, I hope be will state what he means by" the 

board."· There are two boards here, one the board of audit, which 

issues a certificate, and the other the board of sinking-fund commissioners who issue the bonds. I wish to know which of these classes 

of officers are guilty of the offense now stated by the Senator Y 

Mr. EATON. If I am not uncommonly stupid, before I get through 

the honomble Senator from Ohio will understand me. I cannot givo 

the distinctive title of the board, nor is it necessary; but a resolution was passed that pending action here no bonds should be issued. 

I speak now of certificates, and I suppose therefore it is t hat body 

that receives the certificates upon which bonds are issued. It was a very proper resolution, permit me to say. When the Congre s of the United States had taken the matter in hand, this board ought not to 

issue anything until Congress should aetermine what they could properly do. As I said, they voted that they would not issue for a cer- tain number of days any other bonds. I understand t hat, in violation 

of that resolution, they have i sued bonds amounting to hundreds 

of thousands of dollars, and, in my judgment, are doing it this very 

moment while I am talking. I do not propose, for one, that the Gov-. ernment of the United States shall become liable to pay either the 

principal or the interest upon bonds issued under circumstances of this 

character. I do not propose to vote for this bill at all. I will not vote to saddle the people of the United States with fifteen or twenty million aollars more of indebtedness. I remember that it is the la t feather that 

breaks the back of the camel. I say I will not vote to saddle the people of the United States with fifteen or twenty million dollars more of indebtedness until a committee of this or the other body or ajoint 

committee of Congress determines what of this debt ou~ht to be properly paid by the Government of the United States~ 1 desire to perfect this bill if it is to pass. I desire to guard it as much as possible, 

although I will not vote for it myself, and at the proper time I will 

make a motion that this matter be committed to a committee for ex- aminaf.ion, for it needs it. _ 

The Senator from California asks who charges guilt here. Why, 

sir, everybody charges it. It is in the air; it is all around the head 

of the Senator from California this moment. It is known to the whole 

world, tho reading world, that there is guilt here. Where is it Let an examination be had, and w~ shall ascertain where it is. This is 

not a party question. I should scorn myself if I acted upon this matter as a party man. I desire to protect the people of the United 

States ; the people of my own State who are now suffering under a taxation such as no people on God's earth ever suffered before. Six 

hundred million dollars are- annually taken out of the hard earnings 

of the people of the United States to carry on the national, State, 

and municipal governments of the United States, and it is about time 

that we looked at this matter, not as partisans but as patriots, if I 

may use the expression. 

I charge no party; I charge no man as a party man with having 

been guilty of any wrong here. Let us examine this matter thoroughly and see if there be wrong, and if these bonds are not'valid . bonds refuse to pay them. That is our business. I desire, at all 

events, that this amendment should b adopted as a part of this bill 

if it is to pass, and I. hope that no Senator will object to it. Let me add, or rather repea.t, that the very moment this matter was taken 

possession of by the House of Reprcsentati ves that was the time these 

boards should have ceased a-ction, and not in the dark undertake to 

crowd three or four hundred thousand dollars more of thiR paper upon 

the people of the country. 

Mr. SHERMAN. Upon areferencetothestatuteunderwhicb these 

bonds are issued, I find that the authority is conferred by the act of 

June 20, 187 4; and I call the attention of Senators to it. It is found 

at page 120 of the statutes of the Forty-third Congress. After providing that the board of audit may issue certificates, it then provides as follows: 

That the sinking-fund commission~rs of said District are hereby continued. 

My colleague is ·not present, or I should endeavor to ascertain 

whether the sinking-fund commissioners of the DiRtrict are appointed 

by the local authorities or under a law of Congress. I clo not know, 

and if ap.y Senator can tell me I should like to have him state it. 

1\lr. STEVENSON. I think they are appointed under the local 

law. 

Mr. SHERMAN. That is a very important consideration. 

Mr. STEVENSON. I do not see anything in the act authorizing their appointment, and I have found no act of Congress authori2ing 

-
862 CONG-RESSIONAL RECORDo 

it. I think the commissioners are appointed by a local law, although I 

have no positive knowledge of it. 

Mr. SHERMAN. I have endeavored by reference to these statutes 

to find whence these com:mjssioners come, by what law they were cre- ated. I have not heeil able tu get any law of the District of Columbia. which authorizes the appointment of sinking-fund commissioners; 

but they must undoubtedly be created by local law, because there is no provision in any f:!tatute of the United States providing for sinkingfund commissioners except the passage that I am now reading: 

That the sinlrlng-fund commissioners of said District are hereby continued. 

They must then have had their existing powers conferred npon them 

by a local law or a general law. 

Mr. HAMLIN. They were provided for by the territorial government. 

Mr. SHERMAN. Then the law goes on and provides: 

.And it shall be the duty of said sinking-fund commissioners to cause bonds of the 

District of Columbia to be preparedIn a certain form, describing their character, in which "the faith 

of the United States is hereby pledged; 't and then the act pTOvidesand this is the only authority conferred by this act to exchange them 

for any form of security-as follows: 

And the said sinking-fund commissioners are hereby authorized to exchange said 

bonds at par for like sums of any class of indebtedness in the preceding section of 

this act named, including sewer taxes or assessments paid, evidenced by certificates 

of the auditing board provided for in this act. 

This law expressly confers upon the board of sinking-fund com- missioners the power to exchange the 3.65 bonds prescribed by this 

section for an equal amount of certificates . . I do not know who com- posed the board of sinking-fund commissioners. I dO' not know what 

persons are named. The Senator from Connecticut [:Mr. EATON] imputes to these gentlemen something that is grossly w1·ong; but it seems to me, if they have so acted in bad faith and not for ~ood purposes, 

it is a great· crime, not only against the people of this District but 

against the people of the United States. He charges, if I understand, that these commissioners, upon the pa&;age of this act by the 

House of Representatives, resolved that they would issue no more bonds under the authority of the act of 1874; that they would sus- pend their operations for a week; and yet in defiance of their own resolution have proceeded to issue a large amount of bonds. I ao not 

know whether that be true or not. I do not know whetherthisisthe 

fact or not. I only know that t.he statement of t-he Senator from 

Connecticut throws upon the conduct of these commissioners such a doubt that, who~er they are, (and 1 do not know their names,) I am not disposed myself to vote, to sanction, or authorize, or approve as binding the bonds issued by them without a fair inquiry. At the same time I can see that the action of the Senate in this matter may 

greatly jeopardize and greatly endanger the rights of innocent parties. We have conferred upon these men authority by the plain letter o.f the law, and they have issued the bonds in pursuance of our authority. They have the right to do it. It is their legal duty to do 

it. We gave them the authority to do it. The authority conferred 

by the language of this law is manda~ory, although not so in express 

terms. An authority conferred is a mandate always where the rights 

of third parties intervene. Yet, in view of the statement of the Senator from Connecticut casting doubts upon the propriety of the con- duct of some of these boards, upon the legality of their action, in a very faint way it seems to me, we ought n~t to provide for the interest of these bonds until we examine further into their legality. At 

the same time the Senator from Connecticut is careful not to charge 

that the certificates that have been taken up by the issue of these 

bonds were wrong, or fraudulent, or even erroneous. The Senator 

said that the commissioners, having resolved not to do what the law 

authorized them to do, reconsidered their determination and issued a cf\rtain amount of these bonds. This is rather vague; but, upon a statement thus made by a Senator taking the responsibility of his. 

statement, I feel disposed to vote for his amendment, and then he 

will be called upon by public opinion, by the common sense of justice which exists in the mind of every man in the United States, to make 

good a char<Ye which will tend to show that these funding commissioners acted corruptly, or fraudul~.;ntly, or wrongfully, or heedlessly. 

It seems to me, therefore, that while we may properly upon this 

statement suspend the payment of interest on the bonds issued since 

the day mentioned by the Senator from Connecticut, yet that upon 

him must rest the duty hereafter of bringing to the Senate such facts aa may show that these officers have acted wrongfully, or fraudulently, or illegally, or corruptly. 

Mr. SARGENT. I have no disposition to do any gentlemen injustice; but when I know the fact to be that the president of the board 

of funding commissioners was emineu.t among the memorialists who 

complained against what they charged were wrongs in this District 

and a violation of the law-I refer to Mr. Corcoran-ana when I bear 

his party friends get up and say that the board over which he pre: 

sides have done something which implies gnilt, guilt so strong that it 

centers around our heads, that he who runs ma.y read it and cannot 

help observing it, I wish to a-sk whether in justice to this gentle- m_an it is not possible that there is an explanation of this matter T 

The board were 1·equirecl by the statute which the Senator from Ohio 

has read, by a mandate therein-:-because it becomes a lnandate if the 

rights of third parties are involvecl-to issue bonds taking up certificates which were issued by another board. These certificates might or might not be converted, according to the wish of the holders. If 

the holders called upon the board of sinking-fund commissioners and 

asked that they should be exchanged, it was the duty of the funding 

comnrissionersunderthis statute to make thEl exchange. A. week or ten 

days ago they may have resolved, on account of the agitation of this 

matter before Congress, th,at it was inexpedi_ent to comply with this s_tatute or to issue bonds to persons who held these certificates. Per- sons thinking it was the last opportunity they could have to comply 

with the law, to have the advantage of the law, and have honest cer- tificates exchanged, they may have been persuaded, either by counsel or otherwise, that the statute was plain, that they ought to issue them, 

and considering that the demands were legitimate and right, they were asked to reconsider their determination and allow the conversion 

into bonds. If that is so-and certainly it is plausible; it.maybesothen there was no guilt and nothing that waa wrong. I make this 

explanation in justice to an eminent gentleman of this city whom I 

have named, although he belongs to a board for which I have no re- sponsibility, and certainly with whom I have no political sympathies. 

Mr. EDMUNDS. I should not wish to a.gree in regard to the law 

laid down by the Senator from Ohio, or the Senator from California, 

that this authority to the commissioners of the sinking fund is a man- datory authority that they are bound to answer to on the application 

of every certificate-holder. Therefore I do not think that they could 

properly stand upon the idea that the law compelled them to issue a bond wherever a certificate was presented; but I think they can stand on still better ground if during this discussion they have been issuing 

bonds, and that is that it would not be apparent to them that this bill 

would ever reach a vote; and inasmuch as the law gave them an au- thority, they w:ould feel obliged to go on according to their just discretion and carry it into execution, as there was probability, so far as they could see, that the law would ever be changed. [Laughter.) 

Mr. EATON. The Senator from Ohio in his criticism upon my re- marks has suggested that the people of the country would hold me responsible for what I have said here, and for my proposition. I ac- cept the responsibility. I am in the habit of a-ccepting responsibility 

of this character. 

Now, I do not regard the statute as of the character the Senator from 

Ohio supposes. I do not know a single gentleman who is a member 

of this board, and I do not know the politics of oue of them, nor do I care what their politics are; but it seems that when this matter came up before Congress and the information came to them, as it bas come to everybody except the Senator from California, and possibly the 

Senator from Indiana, that there wa some error here, not to say 

fraud, not to say guilt, but that there was something that required 

examination, this boaru, in my judgment very properly, passed a reso- lution to the effect that for a certain time they would issue no farther 

bonds. They are issuing further bonds, as I am informed, against 

the very terms of their resolution, and in my judgment without the 

knowledge of all the members of that board. If so, then there is 

guilt certainly. 'l'he Senator from Ohio will agree with me if that 

be so. I do not know that it is so; but if I can have my way I will 

find out before this Congress closes its session, and it is the duty of 

Congress to ascertain all the facts connected with this matter. It 

adds to the public debt of the United States 15,000,000, and it is time 

that we, the representatives of the people, look into this matter. 

I agree with the sensible remarks which were made by the Senator 

from New Jersey [Mr. FRELL.~GHUYSEN] and by other Senators, that 

the United States ought to pay liberally for the expenses incidental 

to this District. 'J bey ought to pay largely, and I do not believe that 

there is a Senator on this floor who will vote larger appropriations 

when I know them to be honest and correct, to fall upon the people 

of the United States, than I will. The people of the State that I have 

the honor in part to represent upon this floor are anxious and willing 

and able to pay their full share of the necessary expenses of the Government, and neither my colleague nor myself will be found voting 

coiitrary to the wishes of the people of our State. 

Mr. SHERMAN. I have but a word to say in regard to this matter. As the resolutiou now stands, it leaves in doubt and under a cloud an<i subject to examination tLe securities of two classes of public creditors :·First, those who bold certificates of the board of audit 

certifying that the District of Colombia is indebted to them in cer- tain fixed amounts passed upon by the board of audit; second, those 

bonds that have been issued since the date named by the Senator ·from Connecticut. I am not indisposed to vote for his amendment, 

and under the circumstances I do not see how we can avoid it. It is 

rather unpleasant, however, to hang up in suspense public creditors 

who have the faith of the nation pledged to their payment upon 

charges so iude:finite as these, holders of certificates, we are informed, 

to the amount of 900,000. I do not know how many bonds have been 

issued under the circumstance s~ated by the Senator from Connecticut, but I believe he s.aid $500,000. 

:Mr. EATON. No, I do not know that one has been is~ued, to my own knowledge_; but I am informed that more than $100 000, and probably 

$200,000; and if they are at work now, the Lord only know~:~ what the 

amount will be. - l'tfr. SHERMAN. '.rhen I understand the outstanding obligatioll8 

amount to over $1,000,000. All I desire to say is that it is the duty of Congress, as tho public faith has been plodged to these perHOlJ.I:l, 

if these are ho;test debts, hone tly contracted ttnd honestly issued, 
1876. ·CONGRESSIONAL RECORD. 863 

that the Government of the United States should' in the observance 

of this public faith give prompt and quick and earnest solution-to this 

question so that these people may know whether or not they hold 

fraudulent certificates, fraudulent bonds, or whether they hold the 

honest debts of the United States. I hope the ~enator from Connecticut himself will now see that the effect of his proposition is t.o throw a cloud upon this matter and withhold from payment the interest of 

outstanding bonds, to hold up Jike Mahomet's coffin certificates issued 

by the Government of the United States. I hopo they will not be long 

held in suspense, but that be orsomeoneatleast will institute a prompt, 

quick, speedy, and rigorous inquiry to know whether or not they are an honest debt after all; whether this trouble will not have had 

merely the effect of suspendin~ the payment of interest due to the 

honest creditors of the United ;:;tates. 

Mr. BOGY. Let me make an inquiry of the Senator. Does he say 

that it is competent for the board of audit to take jurisdiction of 

claims now and allow them, so that it shall become the dnty of the 

sinking-fund commissioners to issue bonds t 

Mr. SHERMAN. I have not discussed that question, nor have I 

examined it. I must confess that tlie laws which have been read here 

rather confused my mind on the subject. 

Mr. BOGY. I think my inquiry ·pertinent in connection with the 

point made by the Senator. There are two boards, t.he board of audit 

and the board of funding commissioners. The duty of the board of 

funding commissioners is plain. It is simply to issue bonds for cer- tilicates that have been issued for claims audited by the board of 

audit. If there be 900,000 of certificates outstanding at the present 

day issued by the board of audit upon claims filed prior to the 1st day 

of July of last year, it may be, and as it strikes me now the fact is, 

that we are bound by the action of the board of audit, although it 

may be true, carrying out the view of the Senator from New Hampshire, [Mr. CRAGIN,J that the board of audit has passed upon these 

claims since that time. Yet if the claims were filed before the 1st 

day of Jnly, 1875, and thereby jurisdiction had been taken possession 

of by that tribunal called the board . of audit, though those claims 

have been passed upon but yesterday, it may be that we are bound 

by the action of the board of audit. That being so, the dut.y of the 

funding commissioners under this vicious system-but yet it is the 

system which we have given birth to ourselves-would be to issue 

the bonds; and in doing so they wonld do no wrong. They take the 

law as it is, and if the law is not a wise one, it is our fanlt and not 

theirs. If there be eight or nine hundred thousand dollars of these 

certificates outstanding issued, although but yesterday, upon claims 

filed before the limitation expired, which was the 1st day of July last, 

I think we are bound by the action of the board of audit, and the 

bonds in that respect would be legally and properly issued so far as the law is concerned. · Mr. CRAGIN. I desire to understand the statement of the Senator 

from Connecticut. I understood the Senator from Connecticut this 

morning to say that this board of sinking-fund commissioners--

Mr. EATON. The Senator from Connecticut did not name the 

board, for he did not know the board. 

Mr. CRAGIN. At any rate the board that issues the bonds. I un- derstood him to say that that board had resolved not to issue any 

bonds for one week. Did I understand him correctly T 

Mr. EATON. That is my information. 

Mr. CRAGIN. I understood him to say when he was last on the 

floor that they resolved that they would not issue any more bonds 

until this bill was passed by Congress. 

Mr. EATON. No, I did not. If I did say so, I did not intend to 

say so, and I do not wish to convey that impression. It was for one week, and I have dated my proposed amendment ba.ck a week. It 

was for a week, supposing, as I was informed, that that would be all 

the time required for Congress to act in regard to the subject-matter. 

1\Ir. CRAGIN. Then I understand that point. Now I suppose we all understand perfectly that the board of audit, as it is called, takes 

int.o consideration claims, whatever they are, filed prior to July, 1875; 

and the board of audit issues certificates. That is the end of their 

work. Those certilicates pass into the hands of individuals, persons 

entitled to those certificates who had the claims. Then those individuals holding these certificates convert them whenever they please; 

if. is at their option whether they will have them converted into bonds or not, or whether they will hold the certificates. They hold them as long as they please, and· then they go to the board of sinking-fund 

commissioners, if they conclude to convert them into bonds, .and present them there; and that board has nothing to do, if the certificates are regular and right, except to give bonds therefor. The board of 

sinking-fund commissioners have rules, and my understanding is that 

they have all along only issued bonds or transa.cted this business on a certain day of the week, or perha.ps possibly two days of the week; one day, I know, for I have been there myself. I went there once and 

could not transa.ct any business, for I was told that they issued bonds on a certain daiy. I apprehend that probably it will turn out that 

from the time they last issued up to the day fixed by them would be 

about a week; and this, very likely, will turn out to be all there is 

of the information whicb has been imparted to the Senator from 

Connecticut. 

Mr. EATON. No, I think not. 

Mr. CRAGIN. It may be. But suppose it is not so; suppose they had 

resolvecl that they wonld not is~ue any bonds upon those certificates 

presented, for a week ; certainly they had a perfect right to recon- sicler that vote. They had a perfect right to issue under the law. 

The law did not require them to pass any such resolution. It was a resolution for their government simply, and they han an undoubted 

right to chan~e it, if they saw good reasons for doing so. There is 

nothing illegal in it. Certainly the Senator will not so contend. 

These certificates that have been issued by the board of audit and 

have not been converted into bonds are just as much a debt to all intents and purposes as the bonds themselves, in my judgment. I am in favor of limiting these; I am in favor of fixing the amount beyond 

which no power can go; but the fa.ct that there may be a few certificates out that have not been converted into bonds does not, in my 

judgment, lessen their le~ality . The certificates are.a debt against some body and probably w1ll have to be paid, whether by the Government of the United States or by some other authority I cannot say. 

Mr. BAYARD. Suppose they have been issued without value 'f 

Mr. CRAGIN. That I have nothing to say about. I take it that -they are all genuine certificates, issued for valid claims. I do not 

know anything to the contrary and I take it for granted that is so. Mr. BAYARD. I do not take it for granted at all. Things are supposed to be ri~ht until they are shown the other way, but I do not 

think it is entirely a clear case. I wish it was. 

• 

Mr. EATON. I wish to say a few words only in reply to the Senator from New Hampshire, [l\fr·. CRAGIN.] I suppose the cause of the 

action of the members of this board that I speak of was that there · wa-s conversation all about the city of Washington, which bad been 

heard by everybody except two gentlemen in it, that there was some doubt about the legality of the certificates and the equity of them, 

and therefore, until Congress had examined into them and passed upon 

this matter, which they supposed would take six or eight days, there 

should be no further bonds issued; and I think it was a very wise 

conclusion they came to, and I do not like the looks of the thing in 

changing their determination. 

Mr. HOWE. Mr. President, if congressional speeches were legal 

tender for debt like a greenback- I do not know but that we can make them so- I should think this interest was in a fair way of being 

liquidated; I am not sure but there is some danger of its being over· paid; and I am not sure but in that contingency we are in danger of 

inflating the circulation even beyond the desires of us western gentlemen who are supposed to have a very sharp appetite in that direction. [Laughter.] . I understand that there was a certain interest that fell due on the 

first day of this monih to the holders of certain securities issued and 

put in circulation upon the faith of the United States that provision 

should be made for paying the interest at a specified time. Now, un- sophisticat.ed as I am, I supposed we had but oue duty before us, and 

ths.t was to provide in time for the payment of that interest. 

These questions which have been debated here are very interesting. 

That they ought to be settled before we pay our debts is a point upon 

which I am not so clear. If that can be so, I see a very easy way of 

postponing the payment of this debt forever, and perhaps we can postpone by some means just as fair the payment of all our debts forever. 

I myself, as a citizen of the United States, would like extremely well 

to know whether the commissloners of the sinking fund mentioned in 

the statute of 1874 have issued bonds without authority of law. If 

that be so, and the particular bonds can be pointed out, and it can be 

shown that they are not in the hands of innocent holders for value 

without notice, I should be extremely glad to see those bonds confiscated, condemned, burned up, repudiated, or otherwise destroyed. But 

I have not been able to hear that fa.ct even asserted. That is one of 

the very few things that I have not heard either asserted or insinuated since this debate commenced. Until that is either asserted or insinuated, I do not see how it stands in the way of our paying what 

is due, and that is all your bill provides for. · Theil there is another question, which undoubtedly is interesting 

to me as to other citizens of the United Stat.es, and that is whether 

the late territolial government of the District of Colillnbia was a knavish concern or not, and whether Boss Shepherd is a bigger knave 

than lloss Tweed. That I should like to have settled in some proper 

forum; and whether there is a larger number of rascals to be counted 

in the ranks of the democratic party than in the ranks of the republican party. That thing I would like to have settled . . I have a very 

decided opinion on that point myself at present ; but I may be wrong. 

But, Mr. President, I have one opinion which I want to give utter- ance to before this debate closes, and that will be the end of my par- ticipation in it. Although I have heard of very extraordinary con- duct on the part of the late municipal government of the city of New 

York, and very extraordinary conduct on the part of the ~ate territorial government of the District of Columbia, I have not yet ·heard 

of anything charged against either which impressed me a-s a more hei- nous offense against good morals and honest dealing than is to my apprehension our conduct here in the Senate to-day in postponing the 

payment of a debt which everybody acknowledges to be due. The 

public officer who contracts in the name of the public an obligation 

dishonestly and pro!ligately ought to be held up to condign punishment. 'fhe sooner 1t Is·done the better. But what shall we say of 

officers who refuse to pay or postpone the payment of a debt which is 

honestly due and admitted to be honestly due' Now I myself do not own any of these bo11ds. I do not know of a single human being who 

does own them. 
864 CONGRESSIONAL RECORD. · FEBHU.A.RY 3, 

1\Ir. EDMUNDS. You owe them. . Mr. HOWE. My friend suggests that I owe some of them. I suppo e I am a party to them, being a citizen of' the United States, and 

therefore I want them treated as I try to treat my own individual 

obligations : pay them whenever they become due. I say I am not 

intere ted in any of these bonds, but I do wish the Congress of the 

United States would just vote to pay the interest which fell due day 

before yesterday. Provide the means of paying that and then I will 

sit here by day or by night with any gentleman who supposes the 

public has cause of complaint against any officer now in bein~ or any man who has been in office at any time heretofore or any white man who is suspected of being likely to get into office at any time heren.fter and settle every one of these causes of complaint. But fhst do our duty, and I think then we shall be in a cleaner condition to en- foi·ce the duty of other persons. The PRESIDENT p1·o tempore. The question is on the amendment 

propo ed by the Senator from Connecticut [1\Ir. EATON] to the amend- ment. The amendment to the amendment ";as agreed to. 

The joint resolution was reportecl to the Senate as amend~d. 

The PRESIDENT pro tempore. The question is on concurring in the 

amendments made as in CommHtee of the Whole. The fhst amend- ment, that of the committee, will be read. Mr. SHERMAN. Altogether. 

Mr. EDMUNDS. I shoulu like to have the la t clause which was moved by the Seuator from Connecticut read. I do not understand it. The Chief Clerk read : 

Provided, That this act shall not in any way or manner recognize the liability of 

the United States to pay either the principal or interest of any such bonds as may 

have been issued on or since the 27th day of January, 1876. 

l\Ir. EATON. There is a clerical error there . . Mr. MORRILL, of Maine. There is a prior question to that. Mr. EDMUNDS. Is there more than one amendment from tLe com- mittee 

The PRESIDENT p1·o tempore. But one. Mr. EDMUNDS. So that this clause which has been rea.d is a part 

of that amendment. Mr. MORRILL, of Maine. No; it is independent of it. Mr. EDMUNDS. If there is only one amendment of the Committee 

of the Whole, that must be a part of it. The PRESIDENT pro tempm·e. The amendment of the committee wa simply to st-rike out a clause of the resolution. Mr. MORRILL, of Maine. Speaking of the committee who reported 

the resolution; and that amendment should be concurred in, because 

it is now substituted by another amendment. The PRESIDENT pro tempm·e. That amendment takes precedence. 

The question will be on concurring in the amendment originally re- po~d by the Committee on Appropriations, striking out certain 

prOVISOS. 

The Chair put the question, and declared that t he noes appeared 

to prevail. 

Mr. EDMUNDS. I wish the Chair would state again precisely what 

the question is. · The PRESIDENT pro te1npore. The Secretary will read the amend- ment reported by the committee. Mr. EH~fUNDS. What committee f 

The PRESIDENT pro ternpore. The committee t hat reported the 

joint resolution. 

Mr. EDMUNDS. Very well ; l et us hear that. 

The PRESIDENT pro temJJOre. The Secretary will report the pend- ing amendment. 

The CHIEF CLERK. The Committee on Appropriations reported to 

the resolution an amen<lment, which was agreed to in Committee of 

the Whole, striking out the following words: 

Provi4ed, That any further issue of 3.65 bonds is hereb:y prohibited; .And provided 

further, That ns>thing in this re olution contained shall'mvolve the Government of 

the United States in any ouligation t~ pay principal or interest of any such bonds 

which have been issued contrary to or not in pursuance of law. 

Mr. MORRILL, of laine. Allow me to suggest that the Senator 

from Connecticut has a substitute for that last proviso, which has 

been adopted in Committee of the Whole, and this amendment ought 

to be concurred in. 

The PRESIDENT pro temp01·e. The question is on concurring in the amendment sLriking out the words which have just been read. 

The amendment was c'oncurred in. The PRESIDENT pro tmnpo1·e. The question now is on concurring 

in the other amen<lmeutmado as in Committee of the Whole. Mr. E.A.TON. I mistook the title because the Chair called it a bill, 

and I find it is a resolution.- The amendment which I proposed should 

be corrected by striking out the word " act" and inserting "resolu- tion," so that it·may be in accordance with the original title. The PRESIDENT pro tempore. If there be no obj ection that change 

will be made. The question is on concurring in the amendment as amended. Mr. EDMUNDS. Let it be read. 

The CHIEF CLERK. The amendment is to add to the end of the 

resolution the following: · 

Provided, That any further issue of 3.65 bonds under ~r by virtue of said act of Con~ ss approved June 20, 187-J, is hereby prohibited: .And provided, That the 

certificates heretofore issued by the board of audit, including tho e converted into 

3.65 per cent. bonds, and those which have not been so converted and the certifi cate hereafter to be issued by the board of audit or their suoc so~s in office shall not exceed in the aggregate the sum of $1:'1,000,000. . · · ' 

SEc. 2. That there shall be no increas of the present amount of tho total indeut edness of the District of Columbia; and any officer or -per on who shall knowingly incr~e or ~d or abet in increasing ~ur:h total indebtedness hall be ~:~emed guilty of a high lillSdemeanor, and' on oonvtction thereof shall be punished by imprison- ment not exoee~g ten years, and by fine not exceeding 10,000: Provided, That 

the board of audit, created by the "act for the government of the District of Columbia," approved_ June 20, 1874, is hereby abolished, and shall, immediately upon ~e approv~l of tb1s re~olu~ion, tran mit a_ll ~be books and property iu their poses. ston belongmg to the DIStrwt to the commiSSioners of the District of Columbia and 

make a report of their proceedings not hltherto made: .And provi.dedfurther, That 

this resolution shall not in any way or manner recognize the liability of the United 

States to pay either the principal or interest of any of such bonds a may have 

been issued on or since the 27th day of January, 1876. 

Mr. E DMUND S. Perhaps I ought to say in reference to the penal 

clause which I moved and which has been aureed to in committee 

that I did not move it out of any want of co~tidence in the pre ent 

commissioners or on the idea that they would knowingly violate the 

law ; but because they are obliged in a large degree to depend upon 

the reports of subordinates, whom I do not know, and because they 

may have successors, and therefore I thought it fit that the proper 

penalty should be provided for a known violation of the statute. Mr. WHYTE. I should like to call the attention of the Senator 

from Vermont to the phra eology used by him in this penal clan e of a joint re olution. It is rat-her, I think, anomalous legi lation, at all 

event , to put a penal clan e in a join~ resolution. It may have oc- curred before in the le~lation of Congress, but I do not recollect ever to have seen such a thing doue hitherto in legislation. If it is to be 

adopted, I should like it to go from the Senate in pro-per form, ·and 

therefore I venture to make a suggestion to the Senator from Vermont. 

He has used the term "a high misdemeanor." If he mean that 

these officers shall be liable to impeachment, shall be tried by thP. 

Senate under the Constitution of the United States, and means to use the words "high misdemeanor" in the sense of "'high crime and misdemeanor," we can probably understand his intention. nut if he means to make it an offense puni hable by a comt of law, I ubmit to 

him that under the Constitution of the United State Congr must 

declare what shall be a crime or mi demeanl)r, must not only affix the 

penalty to it, but must declare also in what court of law the party shall be tried. I therefore su~gest to the Senator from Vermont that 

he ha.d better sti·ike out ''high mi demeanor," and after "conviction 

thereof" put in the words "in the supreme court of the Di trict of 

Columbia." Otherwise it will leave it hereafter to be que tioned some- where whether the officer who fails to perform his duty by obeying 

the prohibition in this joint re olution shall be tried by impeachment or whether he shall be tried in the criminal court or court having criminal jurisdiction in this District. I think there can be no que tiQD 

that if a penalty is imposed upon an officer for doing that which is ·declared to be a misdemeanor, if it occurs in a State, of course he is 

triable in the United States court within the State; but occmring as this does outside the limits of a State, it ought to be declared in the 

act that he shall be triable in the supreme court of the District of 

Columbia. Mr. EDMUNDS. Mr. President, I must express a little surprise at 

the observations which have fallen from my learned friend from Maryland. I have had the impre ion that the power to remove from 

office for high crimes and misdemeanors upon an impeachment by 

the House of Representatives and a trial in this body was a concur- rent and independent power- concunent in respect I mean of dealing with the offense; I · do not mean that any other tribunal has 

power to remove from office- with the criminal comts of the country; 

and that if the P1·esident of the United States or the Secretary of 

the Treasmy should in violation of law embezzle the moneys of the 

United States theymightnotonlybe impeached by the House of Representatives and removed from office by this body, but they might also, 

either before or after an impeachment, be made subject to the criminal 

laws of the country, and be indicted ancl punished in the district 

where the offense was committed, under the Constitution. Therefore 

the object of my amendment wa not merely that any per on or em- ploye who mi(Tht make a false report to the commissioners of the 

District of Colm:~:1bia, or the commissioners of the sinking fund, qr 

the board of audit, or whatever, as to the state of the total indelh- edne o this District which should lead the e latter per ons innocently to increase the debt above the limit, should be puni heel as criminals, as they might be and ought to be I think if they do it 

knowingly, as this provides ; but also that any officer of the Unitecl 

States, not an employe, not any private person who had concerteu a scheme to increase this indebtedness £or his privat-e b ne.fit, but any 

of the e high officers who in the course of time may come to occupy 

these offices, should be guilty knowingly of increasing this debt, which 

is now large enough, they might not only be subject to the criminal 

administration of the law, but also be subject to the higher and more significant punishment to any person who ha any sen ibility left, of 

being brought bl:lfore this tribunal and removed from office and incapacitated from holding it ever after. Therefore I submit to my 

learneu friend that i.here is nothing in tbe circumstance that this 

crime of making this increa e lrnowingly is defined to be a high misdemeanor and a penalty is also afi:i.x.ed. '!'hey are totally distinct 

objects; n.nd the purpo e I have tateu. 

Now, my frientl ay that. I ought to have provided the name of the 

conrt. which shall have j urisiliction to try this offense which this prop-
1876. CONGRESSIONAL RECORD. 865 

osition does define. That is, the knowingly mcrea.sing this debt, or abetting in its increase, is declared to be a hig:!l misdemeanor, and 

t:ben it affixes the penalty. Then the question is, How is the party 

to be tried¥ The Constitution of the United Statessay3, so far as the 

criminal laws go, that he is to be tried in tbe district where the offense is committed. Well, if the offen e should be committed in this 

Di trict, be must be tried here; bnt if it should happen to be in .Alexanclrin. or in Annapolis or in Baltimore, as it might be, then it would 

be tried there where the offen e was committed; and if my friend. will look at the Revised Statutes of the United States, at the crimes 

act, beginning on page 1040 and going through a great many pages, he 

win perceive that none of those sections h:1Ve statecl what particular 

court hould try an offender, because the Consti.tution fixes that. 

Therefore I submit to him that it would be quite nnnece sary, superfluous, possibly defeating the very end in view, to say that this offense 

should be tried in the supreme court of the District of Columbia, he- can e it is po sible that the aiding and abetting, if not the increasing, 

might be done outside this District, and in that case the offender 

would escape. 

Mr. MORTON. :Mr. President, I should like to hear the penal clause 

of tlJe amendment read again. 

The PRESIDENT pro tmnpm·e. The clause will be reported. 

The Chief Clerk read as follows: 

Ancl every officer or person who shall knowingly increase, or aid or abet in in- croa ing, such total indebt~dn ess, shall be deemed gnil ty of a. high misdemeanor, &c. 

Mr. MORTON. I snggest to the Senator from Vermont that that 

should contain the word" fraudulently"-"knowingly and fraudulently;" otherwise it may make an officer re ponsi ble for a mere mistake in the law. That prohibit any increase of the puulic debt of the 

District. Suppose there is a contract now partly executed, a valid 

contract entered into and partly executed, if that contract i to be 

compl ted, would the payment for the contract be an increase of the 

pn blic dehU Tlle indebtedness may not be fully realized now, because 

the work has not been done, although the contract is in existence. 

I asked my friend from Vermont yesterdn.y whether the fu tnre com- pletion of a contract now in process of execution would be regarded as an increase of the public debt. I unuerstood him to say that it 

would not; and yet a court might take a different view of it. An 

officer might say it would not be an increase; a court might sn.y it 

would; and I think, to make an officer liable7 the fraudulent intent 

should be included, not simply th~t he does the thing knowingly, for 

if he does it under a mistake of the law he does it knowingly, but 

he hould do it fraudulently to subject him to high penalties. 

Mr. EDMUNDS. I am obliged to say that I do not agree to the 

reasoning of the Senator from Indiana. Here is a definite thing which 

is not to be done, and the motive of the man in doing it, the fraudulent purpose, is no element in the offense, any more than it is in the 

statute which punishes treason, which declares under the Constitution what treason shall consist of, and t.hen declares that any person 

guilty of the crime of treason shall be punished. Now, a man may 

levy war against the United States from the pnrest motives, just as the United States levied war against tho ling of Great Britain for the 

purest motives, and yot if he does not succeed be will be guilty of 

treason; and thqugh the whole worlu may say that he is a martyr and a patriot, yet he must stand the consecfueuces and suffer the punishment. if he turns out to be wrong. He must take the risks himself. 

I therefore submit to my friend, on the philosophy of the criminalla w. that the word ".fraudulently" is only introduced into the punishment 

of those affirmative offenses in which the moral element must enter, as for instance the embezzlement of money where a. man takes it from 

the public treasury or from his employer for the purpose of appropriating it to his own use. There must be that intent to do i_t. If he 

takes it by accident, he is not guilty of embezzlement. But here the 

law declares that a particular act shall not be done, and if a man with his eyes open willfully does that thing, then the law says he shall 

be puni hed. If you are to introduce the word "fraudulently" into a propo ition of that kind, then you leave it to ajnry who are to try 

the particular individual to decide, Did this man do this with a wicked 

purpo e f He knew he was going to do it; he knew that the debt was going to be increased; but he thought some great public good 

would be accomplished by it, as the predecessors of these commissioners did undoubtedly when they knew that they were increasing, 

in spite of the statute, the indebtedness of this District; but they 

thought that the end justified the means, and they did not do it fraudulently at all. They did it publicly, in the light of day; said they were doing it; and yet I mean to say that if any man dares to do that 

again, he shall suffer the punishment of the law. · Mr. MORTON. Let me ask my friend right there whether in his 

opinion the completion of a contract now in course of execution would 

be an increa e of the public debt beyond the present amount T 

Mr. EDMUNDS.. That is not the question I rose to discuss at an. The Senator can put twenty cases under this law or under any other 

that the ingenuity of man can frame. You may put in as many limitations and provisos and guards as yon like, and when it comes to be 

drawn in que tion in a court of jnsticethere will be t"o sides to it, 

jnst a there is to this question we ha~ been discussing here for 

three or fonr days, aud nobody can tell until the court of last resort 

decides which way it is. When they have decided, nobody can tell 

whether it is right or not; only for the good of society we have proIV-55 

vided courts whoso final decisions must be tn.ken to be right for the case to which it is applied. 

My own individual opinion is, as I said to my friend, that I do not 

think it would; that if these gentlemen have made a lawful con- tract now which uefinitely provides for certain work and for certain 

pa;vment for it, that is an irrdebteclness of the District of Columbia 

which they are bound to pay. Bnt it may be that I am wrong. They 

must be careful to keep inside the law. 

Mr. MORTON. The effect of this amendment will be to make any 

officer criminally responsible for the mo t innocent mistake in regard 

to the law. I do not think any man would be safe in being an ac- counting officer unuer this statute. Take the very case, and I have no doubt that case will abundantly arise, where there are contracts now unfinished and the indebtedness upon which is yet to accrue by 

work tha.t is yet to be done by the terms of tlJe contract, and if an obligation is given for that unfinished, uncompleted contract or work 

yet to be done, it will be to that amount an increase of the public 

debt of t.hi District. 

Mr. EDMUNDS. Let them pay it out of the taxation, and then it 

will not be an increase. 

Mr. MORTON. But suppose there is no fund T 

Mr. ED1fUNDS. Then they must wait until they get it. 

Mr. MORTON. Suppose there is no fund to arise from that source! 

Here is a question of law arising at once; and if the officer takes the same view with the Senator and gives t he obligation, and _a court or grand jury take a different view of it, then he is liable to go to the 

penitentiary for ten years. I think it is alJsunl myself to punish a man in that way. It is a sort of dead-line; and if you cross that lino 

you are to be shot down unuer all circumstance. . If yon punish a. man for forgery it must have l)een done framlulently, it must have 

been with criminal intent. An officer must do the act for a fraudulent purpose, understanding full well that he is violating the law. 

If the law bas been settled and then he violate it, it makes a case. lL seems to me that the most oruinary protection to a public officer 

should ue that his acts shoulU be required. to be shown to have been 

with a criminal intent before he cau be held liable criminally. 

Mr. FRELINGHUYSEN. I do not want to make any speech on this matter, but I must say that I entirely agree with the view taken 

by the Senat.or from Indiana. Now suppose this case: The debt is limited to $15,000,000 ; that is the debt ; t.he e com mi. sionera want to 

incur a debt of 200,000 to pnt the streets in repair, relying on the cur- rent taxes, which will be paid them in a few monthiil. If they knowingly increase the debt, they will be liable to the penitentiary. They 

of course will not do it. If yon insert the word "fraudulently," it covers the whole case. Mr. MORTON. I move to insert that word. 

Mr. WHYTE. 1\fr. President, I think the Senator from Vermont 

must have mi understood me when he supposed that I was unaware that there could be both trial by impeachment and trial by a court of 

law; but be has not answered the objection which I made to the 

clause inserted upon his motion iu this re olution. The Constitution 

is express upon the subject; and I beg to call the attention of the Senator to the fact: 

The trial of all crimes except in cases of impeachment shall be by jury, anrl such 

trial shall be held in the Sta.t.e where the said crimes shall have been committed. 

Of course that provision is very clear. If the crime has taken place 

in some of the States the party would be triable by the district or the circuit court of the United States in that St~te. 

But when not committed within any State , the trial shall be at such place or places as the Congress may by law have directed, 

Now, I should like to know where there is any provision here ~s to 

the place where a party shall be tried if the oft'ense is committed in 

the District of Columbia. This is not my opiuion alone; bnt while 

I recognize the crreat ability of the chairman of the Judiciary Committee and his iegal knowledge, I prefer to take the opinion of the 

Supreme Court of the United States upon a question of this character. 

In the case of The nite.d States 1:8. Hudson and Good win, in 7 Crancb, 

it was held "that the legislative authority must first make an act a crime, affix a punishment to it, and declare the court that shall have 

jurisdiction of the offens~ before the courts of the United States can exercise jurisdiction over it." And the Supreme Court of the United 

States affirmeu this doctrine in theca e of The United States '1:8. Coolidge and others, 1 Wheaton, 415; and Chief Justice :Marshall, n idelivering the opinion of the court in Ex parte Bollman t'8. Swartout, iu 

4 Crunch, re-affirmed it and said : 

Courts which originate in the common Ia:w possess a.jnrisdictlou which must be 

regulated by the common law until some statute shall change t.heh'establishecl principle. But courts which are created by written law, a!\d w4os.ejnrisdiction isdetined 

by written law, cannot transcend that juriscliotion. 

Here is a new crime or here is a new offen~e unknown to the statute 

law of the United States; it is her~ for t4e first time declal'ed to be an offense. If committed within ~ State, of conr e t.he courts of the 

United States within the SLate try the party when the graml Jury in:.. 

diet; but there i& no prov~ion here for any tria.l in any court outsid~ 

of a State; a~d I submit, unle s. this is iutemled to be a d~a-d ~etter, 

it ougQt to be amended lJefore it pas e through this body. · · · · The PRESIDENT pro tmnpm'e. Did the Senator from Indiana mov~ 

an amendment Y · • - "· ' 
866 CONGRESSIONAL RECORD. FEBRUARY 3, 

Mr. MORTON. After the word "knowingly" I move to insert the · words" and fraudulently." 

Thfr. EDMUNDS. That wm have the effect, as shown by the Senatorfrom New Jersey, whether he so intended it or not, of entirely emas- culating the section, because he puts the very case; suppose these 

commissioners or their successors wish to improve the streets, or re- pair them, or do anything within their jurisdiction as actors; they 

have not got any taxes coll'ected, and they proceed to incur a debt 

whicb,forthe time being, increases the generalindebtednessofthe District above its total existing at that time. That is not fraudulent, 

he says; that is honest; they do it publicly and openly. Now, suppose the taxes do not come in ; suppose the taxes are not large enough 

to meet those obligations and duties; then you have an increase of 

the public indebtedne s, publicly, openly, willfully, knowingly <lone; 

and yet, as it lacks the element of fraud-that is, a purpose to cheat 

somebody-you have added to the burden of the over-taxed people of 

this District and of the United Stat.es and have got nothing by your 

statute. 

I hope, Mr. President, if the Senate does not like to put an absolute 

and sharp limit to any increase of this indebtedness, it will not adopt 

the amendment of the Senator from Indi ana, because the effect of it 

will be to allow these commissioners and their succes ors, if they act 

openly, and publicly, and for what they believe to be the public good, 

to go on and run up the indebtedness just as far as they like, and we shall be just where we are now in that respect. That would be the 

effect of it plainly and clearly. 

Now, one word to my friend from Maryland and I shall have done. 

He says that we must provide in this penal clause a place within which 

the offense is to be tried. He has read the Constitution, which re- quires that, if 11ot committed within a State, it shall be tried by a court which shall have been previously declared. That is the substance of it; I may not give the very words. If my friencl will turn 

to the Revised Statutes of the United States relating to the District 

of Columbia, on page 91, section 7Gl, he will find the following: 

The justices of the supreme court shall severally possess the powers and exer- cise the jurisdiction possessed anu exercise<l by tbcjndges of circuit courts. SEc. 762 . .Any one of the justices may hol<l a special t erm, with the same powers nndjurisdiction posscssell and exorcised by uistrict courts of the Uniterl States. 

SEc. 763 . .Any one of the justices may hold a criminal court for the trial of all 

crimes and offenses arising within the District. 

Therefore we have a tribunal already fixed by law clothed with the 

jurisdiction of trying all crimes and offenses committed within the 

District of Columbia, so that we conform to the Constitution. When 

you go to a State, then my honorable friel)(l will find, as of course he 

is perfectly familiar with it, that we have distric.t and circuit courts 

provided in e\ery State invested with the jurisdiction of trying all 

crimes and offenses again t the United States committecl in those 

States and districts. So that whether this offense be committed within 

the District of Columbia or outside of it, as it may be, in either case we have the tribunal previously provided by law to catch the offender. 

The PRESIDENT yro tempore. The question is on the amendment 

proposed by the Senator from Indiana to the amendment. 

Mr. WAD LEIGH. I wish, ~fr. President, to give one reason why I 

eball not vote for the amendment proposed by the Senator from Indiana. Experience ha-':1 shown us that in these District matters it is 

tho easiest thillg in the world for :Mr. Shepherd or this board of com- missioners or anybody who happens to be in power here to procure 

opinions from lawyers, whom perhaps they have confidence in if 

nobody else has, which will justify them in anything they see fit to 

do. Suppose that under the provision in this bill incorporated by the 

amendment of the Senator from Vermont, as amended by the Senator 

from Indiana, one of these gentlemen in office who has increased this 

debt to the amount of some millions, as bas been done over and over and over again in express defiance of the laws of the United States, comes into court with a written opinion from A, B, and C, telling him 

that he had the power to do that, and that he had a right to do it, 

and that it was his duty to do it; then that is to go to the jury as evidence that he, having confidence in these lawyers whom be has 

consulted, could not have acted fraudulently, but wa-':1 acting honestly 

in the matter and as he believed to be right. 

I do not propo e, after what the records show has been done in that 

respect in relation to the increa e of this indebtedness and its being 

justified by the opinions of counsel who were undoubtedly well paicl 

for opinions, to give parties who may violate this law another chance 

to do the ~arne thing. 

Mr. MORTON. My friend from New Hampshire supposes the ca e pf aq. off!cer intending to commit a fraud, who gets the opinion of a lawyer to cover ~4at fraud ; but I prefer to take the case of an officer 

who is trying to do his duty. A difficult question of law arises, and 

he consults eminent conn el, or he may consult the Attorney-General 

of the United ~t~te& to g~t aq. opinion from him, and he may act upon 

that opinion, audit may tnr.q. out that a court takes a different view, 

and that he is liable to i~dictment and to go to the penitentiary for a simple mistake of the law. That i& the pa~;e that I present; but if 

Senators desire to have this law passed in it!! pr~sent form, I shall not 

object, and I withdraw my ameuument. 

Mr. DAWES. It is a q nestion of fact, not a question of law ; and 

all the opinions in the world wonld not a:ffect the quest~o~ of fact. 

Unless the jury coulu he made to believe that the defendant di4 not 

know the fact, he wonlU .come within the penalty. But the trot:J.bl!3 

with the Senator from Indiana is this, that when a. man knows what 

the law is, and still goes on and violates it, the Senator from Indiana 

is of opinion that he can do that innocently. That is beyoni:l my com- prehension. I can understand that a ca emay come so nearthelinetbat 

there may be doubts, and that a man may be uncertain whether his course of action will fall on one side of the Jine or the other; and that 

makes the propriety of the word "knowingly" in the statute. Without the word "knowingly" it would be simply a question of fact 

whether in point of fact, whatever may be his own doubts, his act 

had fallen on the one side or the other of the line. He will be innocent if it cannot be shown that he knowingly did this act; that is, 

knowing that it was in violation of the law. But the case which is 

Rnpposed by the Senator is one that cannot be. It cannot be that a man knowino- that he is violating the law does it innocently ; nnd "knowingly~ and "fraudulently" are tautology in this law. If he 

violates the provision of this law knowingly, it is beyond his power 

to show that it is innocently done. 

The PRESIDENT ]J1'0 tempore. 'fhe amendment of the Senator from 

Indiana is withdrawn. The question is on concurring in the amendment made as in Committee of the Whole. 

The amendment was concurred in. 

The PRESIDENT p1·o tempore. The resolution is still open to 

amendment. 

1\Ir. HAl\fLIN. l\Ir. President, I am in a most amiable condition, 

and I want the attention of the Senate for a single moment. I am willing to vote for anything that will satisfy anybody here in tLis 

Sena.te, I do not care what the limitations or prohibitions are that 

you put upon it. But I do say that a decent respect for the opinions 

of mankind, a little respect for the character of this body, and still more respect for the language we speak, make it a disgrace to pass 

any bill through this body in the form in which this is now pre ented 

to us. I move to recommit it to the Committee on Appropriations 

that they may whip into decent proportion the various disjointed 

things that have gone into the bill, retaining everything that there 

is there, that we may vote upon it to-morrow morning m a manner which shall not be disreputable to this body. I move to recommit 

the bill to the committee. 

A1r. MORRILL, of Maine. I object to its going back. I hope the 

Senate will not have it sent back to the Committee on Appropriations. 

It never belongeu there. 

Mr. HAMLIN. Any committee-the committee on leave of absence or any other committee. [Laughter.] 

1\Ir. LOGAl . The committee on reconstruction. [Laughter.] 

The PRESIDENT pro temp01·e. The Senator from Maine moves the 

recommittal of the joint resolution to the Committee on. Appropriations. 

1\Ir. ILUILIN. I do not blame them for not owning it now. 1\Ir. SHERMAN. I suggest to the honorable Senator that the ordinary course of proceeuing will naturally bring this bill to a committee of conference, and I hope it will not be delayed here any longer. 

The PRESIDENT p1·o tempoTe. The question is on the motion to 

recommit. 

The motion was not agreed to. 

Tho amendments were ordered to be engrossed and the joint reso- lution to he read a third time. 

The joint resolution was reau the third time. 

The PRESIDENT p1'o temp01·e. The question is on the passage of 

the joint resolution. 

1\lr. HAl\ULTO:N. I mo\e to add the amendment I offered while in 

Committee of the .\Vhole. The PRESIDENT p1·o tempore. It is too late to amend. The joint 

resolution has been read the third time, and the question is on its 

passage. A motion to reconsider can be made, but an amendment 

cannot otherwise be offered. The quest-ion is on the passage of the 

joint resolution. 

The joint resolution was passed. 

SE~ATOR FROM LOUI lANA. 

l\fr. MORTON. I gave notice last weAk that I wonlcl to-day ask the 

Senate to proceed to the consideration of the resolution for the admission of l\1r. Pinchback as a member of this body. It is a quest ion of high privilege, and has been too long postponed. I now make 

that motion. 

The PRESIDENT p1·o tempore. The Senator from Indiana moves that the Senate proceed to the consideration of a resolution which 

will be reported for information. 

l\Ir. ED~IUNDS. \Ve know what it is. 

Mr. TH Rl\lAN. I ask the Senator from Indiana to withdraw that 

motion until a message from the President can be reacl and referred. l\Ir. ED~I..UNDS. The motion is merely to take it up, so that it may 

be the unfinished business for to-morrow. There is no objection to tbut 

The PRESIDENT pro ternp01·e. The question is on the motion to 

proceed to the consideration of the resolution named by the Senator 

from Indiana. 

The motion was agreed to. 

The PRESIDENT pro tempore. The resolution is before the Senate. 

PROPOSED ML~T AT COLUMBUS. 

Mr. EDMUNDS. I move that the Senate proceed to the considera- ~on of executive business. 
1876. CONGRESSIONAL RECORD. 867 · 

The ·PRBSIDENT pro ternpore.. Pending thn.t motion the Chair will 

lay before the Senate a roes age from the President of the United 

States. · 

The Chief Clerk read the message as follows: 

To the Senate of the United States : 

In answer to the re5olution of the Sena.te of the 19th of Janu:1ry instant, r equest- in~ the examination, with a view to u • .,certairun:£ their suitablenes. for the purposes of a mint. of the building ancl t!:rounds situated in Columbus, Ohio, known a~ the 

Capital University, and proposed to be clonu,ted to the United States by F. :hliobel, 

of said city, I have the bono!· to transmit bore-with the report of the Director of the 

l.Ilnt, accompanied by a dia1!1'3m of the building and lot. 

U. S. GRANT. E~CUTIVE MANSION, February 3, 1876. 

Mr. THURMAN. I move that the message be printed and referred 

to the Committee on Finance, with the accompanying papers. 

The motion was a~reed to. 

Mr. SARGENT. The diagram ought not to be printed. 

Mr. THURMAN. No; that need not be printed. 

The PRESIDENT pro ternpo're. 'l'lle motion to print excepts the 

diag1·am. 

~1r. THURMAN. Certainly. 

EXECUTIVE COMM:UNICATIO~S. 

The PRESIDENT pro tempore laid before the Senate a letter of the 

Secretary of War, calling attention to the constantly increasincr and 

alarming obstructions to navigation of the Upper Uis issippi River 

at or near the towns of Fort Madison aud Burlington, Iowa , and rec- ommending au appropriation of $65,000 to remove those obstructions; 

which was referred to the Commit~e on Commerce. 

He also laid before the Senate a communication from the AttorneyGeneral, in reply to a resolution of the Senate of the 20th ultimo, in 

regard to the condition of suits brought against Pacific railroa,d com- panies; which was referred to the Committee on the Judiciary, and 

onlered to be printed. 

DEATll OF SENATOR 0. S. FERRY. 

Mr. EATON. I give notice that I shall present to the Senate on Tuesday next the resolutions regarding my lat.e colleague, Senator 

FERRY. 

FRANCIS W. SYKES. 

Mr. SAULSBURY submitted the following resolutjon; which was refened to the Committee on Privileges and Elections: 

Resolved, That the Secretary of the Senate be, and be is hereby, authorized and 

dirooted to pay to .Francis W. Sykes, late contestautfrom the Stato of Aln.bama, the 

pay and mileage of a Senator from the 4th day of M:u:ch, 1873, to the 2bth day of 

May, 18'l4. 

EXECUTIVE SESSION. 

Mr. EDMUNDS. I insist on my motion. 

The motion was agreed to; and the Senate proceeded to the con- sideration of executive business. After ten mil!utes spent in execu- tive se ion, the doors were re-opened and (at five o'clock and twenty 

minutes p.m.) the Senate adjom·ned 

HOUSE OF REPRESENTATIVES. 

THURSDAY, February 3, 1876. 

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

l. L. TOWNSEND, D. D. 

The Jom·nal of yesterday was read and approved. 

LEAVE TO PRINT. 

l\Ir.l\IAGOON, by unanimous consent, obtained leave to have printed 

in the CONGRESSioNAL RECORD some remarks which he had prepared on the proposed constitutional amendment in regard to the term of the 

presidential office. (See Appendix.) 

COST OF SIGNAL SERVICE. 

Mr. CLYl\IER, by unanimous consent., submitted the following res- olntiou; which was read, considered, an<l agreed to: 

Resolved, That the Secretary of War be requested to report to Chis House the 

entire cost durin~ the last fiscal year of the Signal Service, including a det.ailed state- ment of every disbursement made for materials, salaril'S of ollicers, enlisted or dct.'lil ed men. correspondence, telegraph service, maintenance of st.'ltions and lines 

and the location of ti.Je same, rent, printing. lilhograpbing, and all other it.oms, ch:w:;es, costs, and di bursemeuts, of every kind and nature whatsoever, which ma.y form part of the cost of such Si~al Sen·ice and the publication of the results 

thereof. 

THE LATE RON. HENRY H. STARKWEATHER. 

Mr. ·wHEELER. I a k unanimous consent to oiler the resolution 

wllich I send to the desk. 

The Clerk read. as follows: 

R esolved, That the Committee on Appropriations be directed to insert the following item in the bill making appropriations for ti.Je ~undry civil expenses of the Gov- ernment for tho fiscal yem· ending June :!0, 1877: 

To enable the Clerk of the Hou:;e to pay to the widow of llenry H. Starkweather, late a member of the llou e, a ~urn equal to the salary of a member of Congres 

from the date of the deat h of said St{l.rkweather to thtl end of t.he present session 

of Cou;_!.ress, $2,500. 

1\fr. WHEELER. I desire simply to say, Mr. Speaker, that nuder 

your a,ppointmcnt I n.ccompn.nied ·the remains of the late Hon. Henry H. Starkwen,ther to his home in Con.necticnt. While there I became 

acquainted with his pecuniary cir-cumstances, and while this is not 

tlle place, nor am I at liberty, to speak of details I take the liberty 

of sn.ying that thi provision will be a most timely and welcome allow- ance to tbe widow and children of Mr. Starkweather. I trust there . will be no objection to a<lopting the resolution. 

There was :rio objection, and the resolution was agreed to. 

PUBLIC BUILDIXG AT l\'IRMPIDS, TE:\TXESSEE. 

Mr. YOUNG, by unanimous consent, introduced a bill (H. R. No. 

1801) to provide for tho building of a eustom-house, post-office, &c., at 

Memphis, Tennessee; which was read a first aml second ti.."lle, referred 

to the Committee on Public Buildings and Grounds, and ordered to 

be printed. 

REMOVAL OF A JUDGE IN COLORADO. 

Mr. GLOVER. I ask unanimous consent to ofter for present con- sideration the preamble and resolution which I send to the desk. 

The Clerk read as follows : 

Whereas it is believed that certain political and personal influences have been 

exerted to secure the removal of a F ederal jud~e :1u1l the appointment of another 

in his stead in tho Territory of Colorado, for tho corrupt purpose of procuring 

certain orders, decisions am1 decrees of court aff ctin~ cert..'tin mining interests now in litigation before the courts of that Territory : Therefore, . Be tt resolved, That the A.ttorne.\·-General of the Unitell States be, i'md he is hereby, requested to furnish to this House, at an early day, copies of all letters and 

papers a-sking for tho r emoval of J udgo Belford, a di8trict judge for tho Territo1·y of Colorado, and copies of all letters and papers a kin~ for the appointment of 

Judt!:e Stone to sncceedJmlge lll}lford; also copies of all1ettet·s and papers apper· ta.ining to the arbitrary and corrupt rulings, onle1'8, and d crees of Jud...,o Stone in 

the interest of those who asked his appointment now on file in the office of the 

A.ttorno:v·General; al. o the name~ of all persons who otherwL'>e than in writing demandoo the removal of Judge Belford and the appointment of Judge Stone. 

1\Ir. HALE. I object to the present consideration of this re olution. 

This is the first tim~ I h::we ever known any such interference with 

purely executive appointments. :Mr. GLOVER. I did not hear what was the gentleman's objection. 

If it is one which can be removed, I will be happy to endeavor to 

do so. . l\Ir. HALE. I said that this is the first time I have ever known any 

such interference with a purely executive appointment. I have no objection to this being sent to the proper law committee of the Hou e, 

for them to consider whether Congress shall take upon itself to call 

into question every executive appointment and the reasons for which 

snch an appointment has been made. If the Judiciary Committee of 

the House believe that it is a competent thing for this House to do 

to enter upon that vast field, I have no objection to the resolution 

being sent there, but I do object to its being adopted. 

Mr. GLOVER. I consent to the resolution being referred to .the 

Juuiciary Committee. 

Mr. HALE. I wish also to say that I do not know anything about 

the circumstances of thi ca e. I never heard of them before. 

The preamble aud resolution were referred to the Committee on the 

Judiciary. 

PAY OF FOURTEEN DISABLED SOLDIERS. 

:Mr. WILLIAMS, of Indiana, from the Committee of Accounts, re- ported a bill (H. R. No. 1 0~) making au appropriation to pay fourteen crippled and disabled Union soldiers, from the Gth day of December, 1875, to the :30th day of Juue, 1876; which was read a flrst and 

second time. 

Mr. WILLIAMS, of Incliana. I ask that the bill ma.y be con idered now. Those soldier have uot received their pay since the 6th of last 

December, the appropriations having expired. The bill was read. It appropriates the urn of $10,000 to enable the 

Clerk of the House of Representatives to pay the fourteen crippled 

and disabled Union soldiers now in the employment of the Honse of 

Representat.ives from the 6th day of December, 1875, to the :30th day 

of J nne, 1876. 

Mr. HOL~f.A.N. I trust that my collea;;ne [Mr. 'VILLIA..'\181 of Imliana] will have read at the Clerk's desk a letter from the Clerk of t.he 

House touching the cause of t he necessity for this appropriation. I 

flesire to say further that this subject has been informally before the 

Committee on Appropriations. An appropriation has been made for orne years for this particular cla s of employes of the Horu;e ; the e fourteen disabled soldiers were on a special list, and an appropriation was not made for them for the entire fiscal year, as is customary with 

appropriation for that cla of employes. Tlle appropriation for their 

benefit expired on the 6th day of lJecember last; but the current appropriations for the next :fi., cal year commencing on the 1st of July 

will contain a proper appropriation for the period after that time. 

The object of thi bill is simply to proyide for the payment of this 

particular class of employes in coq.sequence of the appropriations 

having expired. 

Mr. HURLBUT. I woul~ like to ask my friend from Indiana 

whether it is notes ential that the names of these persons should be 

incorporated iu the bill¥ 

Mr. HOLMAN. No, sir; I presume not. The bill is in tho form in 

which it ha-s usually pas ·ed the House. 

I ought to add, .Mr. Speaker, that the Committee on Appropriations 

in formally considering this subject deemell it proper that this bill 

should pass, and if my colleague will have the letter of the Clerk of 

the House read it will probably explain the whole matter. 

}.11'. WILLIAM , of Inclia,ua.. I will read the act of ~brch 3, 1875 

n,ppropriating $1:J,549.60 ~pay this class of employ6s from A.pril until