5374 CONGRESSIONAL RECORD. JUNE 22, 

rescind the vote by which the Senate ordered that when it a.djourn 

to-day it be to meet to-monow at ten o'clock. 

The motion was agreed to. 

Mr. MORRILL, of Maine. ! now move that when the Senate adjouTn it be to meet to-morrow at nine o'clock. 

The motion was not agreed to. 

Mr. MORRILL, of Maine. Then, gentlemen, fix the time to suit 

yourselves; you understa.nd the business. 

Mr. ALCORN. Irisetoaninquiryofthe Chair. The Senator from 

Maine--

Mr. FRELiNGHUYSEN. I believe there is a bill that · I have a right to demand the regular order on. I have allowed many things 

to come in. ' 

Mr. SHERMAN. I move that when the Senate adjourns to-day it be 

to meet to-morrow at half past nine o'clock. 

Mr. B.J.\..Y.A.RD. I hope the Senator from Ohio will take a rather 

broader view of the situation and move to make it ten o'clock. 

Mr. HER~.fAN. We have just reconsidered that. . Mr. BAYARD. I move to amend the motion by saying ten o'clock. 

The PRESIDENT JYI'O tmnp&re. The Senator from Delaware moves to amend the motion by striking out" half past nine" and inserting 

"ten o'clock" to-morrow as the hour of meeting. 

The ambndment was agreed to. 

The PRESIDENT JYI'O ternpm·e. The question is on the motion as arr:lended, which is that when the Senate adjourns to day it ue to meet 

to-morrow at ten o'clock. 'rhe motion was agreed to. 

Mr. SHER~.fAN. Now I move that t.he Senate adjourn. 

Mr. FRELINGHUYSEN. I think I have the floor. 

The RESIDENT p1·o tmnpore. The Utah bill being before tho Senate, and being the unfinished business, the Senator from Ohio moves that the Senate do now adjourn. 

Mr. FRELINGHUYSEN. I call for the yeas and nays. 

The yeas and nays were ordered; and being taken resulted-yeas 

26, nays 24 ; as follows : 

YEAS-Me rs . .Alcorn, J3aya.rd, Bogy, Clayton, Cooper, Davis, Dennis, Goldthwaite, Gordon, Hager, Hitchcock, Jones, Kelly, Monill of Vermont, Norwood, 

Pratt, Ransom, Robertson, Saulsbury, Schurz, Scott, Sherman, Stewart, Stockton, 

Tipton, ant! Washburn-26. 

NAYS-Messrs. Anthony, Boreman Boutwell. Buckingham, Carpenter, Chandler, Conover, Feny of Michigan, Flanagan, Frelinghuysen, Harvey, llowe, Jn- ~alls, Lo~;]:an, Menimon, Mitchell, .Pease, Ramsey, Spencer, Sprague, Wadleigh, 

\Vest, Wmdom, and Wri~ht-24 . .A.:BSENT-1\Iessrs. Allison, Brownlow, Cameron, Conlding, Crno'in, Dorsey, Edmm1ds, Fenton, Ferry of Connecticut, Gilbert, Hamilton of .Mary"b.nd, Hamilton 

of Texas, Hamlin, Johnst-on, Lewis, McCreery, Morrill of Maine, Morton, Oglesby, 

l'atterson, Sargent, Stevenson, and Thurman-23. 

So the motion wa-s agreed to; ::tnd (at one o'clock and 'thirty-five 

minutes a. m. Tuesday, June 23) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

·· MONDAY, June 22, 1874. 

The House met at eleven o'clock a. m. The Chaplain, Rev. J. G. BUTLER, D. D., o:ffercu the following 

prayer: 

Thou sovereign God before whom the nations live and die, upon 

whom we depend, who hast led us all these years, now in parting 

bless us. Sanctify to us, we pray Thee, the kind providence ·which has 

spared us during these months. Sanctify to us the dispensations of 

'l'hy providence which have brought death to this Chamber. 0, let 

Thy spirit now guide our feet in the paths of obedience and peace, 

that we may enjoy ever Heaven's benediction, whether we live here or in that world in which we never die. ·we pray Thee bless the legislation of this session. Have our Government, in all its departments, 

in Thy holy keeping. Dwell Thou in every heart by Thy Holy Spirit. 

Abide with those who remain; go with those who go; and grant, 0 

God, that this land may be Immanuel's land; that truth and right- eousness and peace may everywhere prevail; and that we among the 

nations of t.he earth may continuo to be abundantly blest, illustrating 

before the world the power of the divine life. 

Father, wherein we have sllined against each other help UB to for- give as Thou hast forgiven us. Guide us ever by ';{'hy Divine coun- sel, and may we ever follow Him who ha-st taught us to pray: .. Our Father, which art in Heaven.; hallowed be Thy name. Thy 

lringuom come. Thy will be done on earth, as it is in Heaven. Give us this day our daily bread. And forgive us our trespasses, as we forgive 

tho e who trespass against us. And lead us not into temptation; but 

ueliver us from evil: . For Thine is the kingdom, and the power, and 

the glory, forever and ever. Amen . . 

READING OF THE JOURNAL. 

On motion of :M:r. DAWES, by unanimous consent, the reading of 

the J onrnal of Saturday last was dispelised with. 

GENEVA AWARD. 

Mr. BUTLER, of :Massachusetts. I submit the report which I send 

to the Clerk's desk from the committee of conference upon the 

Geneva award. bill. 

The Clerk read the report as follows : 

The committee of conference on the disagreein~ votes of the two Hou es on the 

bill (S. No.7) for the creation .of a court for the adJudication and disposition of cer- tain moneys received into the Treasury under an award made by the tribunal of 

arbitration constituted by virtue of the first article of the treaty concluded at Washington the 8th of May, .A. D. 1871, between the United States of America and 

the Queen of Great Biitain, having met, and after full and free conference, have 

agreed to recommend and do recommend to their respective Houses, as follows : That the Honse recede from its amendment to the bill of the Senate and agree to the same with the following modification, namely: Strike out section 5 anti 

insert as section 5 ·a new section in the words following: 

SEc. 5. That the President may designate a counselor at law, admitted to prac· tice in the Supreme Courtof the United States, to appeara.s counsel on behalf of the 

United States, and r epresent the interest of the Government in said snit, anti in 

all claims filed for indemnity for losses, as pro·vided by this act, subject to the supervision and control of the .A.ttorney.General. Such counsel shall receive for his 

services and expenses such reasonable allowance in each claim as maybe approved 

by the court, to be apportioned in each claim adjudicated, and paid from sait.l award 

upon the certificate of one of the judges. 

Strike out, commencing on line 11, section 11, "ana all claims provable or to be 

allowed under this act shall be stated and ruljuuged upon the basis of United States 

gold coin at the time of the loss " and insert instead "all claims." 

Strike out in section 14, commencin.~ on line 4, the words "shall retain in the 

Treasury 5 per cent. of the amount of we judgments rendered by the said court," 

and on the eighth line of same section strike out "95 per cent. of." Commencing on the twenty.second line of the same section strike ont the words "deducting n evertheless from each of the said judgments and retaining in the Trea,snry 5 per cent. of the amount of the said judgments r espectively." 

On second line of thefifteenth section strike out the words "in coin." 

On the twenty- event.h line of the same section strike out the words "the same shall be canied to the ~eneral fund of the Treasury," and insert instead "the same shall be and remain a fund from which Congress may hereafter authorize the pay- ment of other claims thereon." 

.After the sixteenth section insert the two following sections, to wit: 

SEC.17. In ascertaining the amount of such los es, themt'morials, affidavits, depositions, and any other papers in the several cases of losses claimed respectively, now filed in the State Department, or official copies thereof, may be read in evidence: Provided, That no affidavit shall be read except where it appears to the satisfaction of 

the tribunal that the affiant cannot be produceu before it a8 a. witne a or hisJiestimony taken by commis ion upon interro~atorie ; and in the hearing of the calise 

any party claiming shall produce all booKS, papers, letters, and 'documents that 

may be called for oy a general description thereof by any opposing party, or satis· factorily account for their loss or non-production, or suffer such jo.dg:ment as is 

prescribed in section 15 of the act entitled "An act to establish the j uaicial courts of the United States," approved September 29, 1789; and. on the hearing of the cause, any competent evidence may be producorl, by either party, either viva voce or by deposition taken upon interrogatories; and for thi.s purpose depositions may be 

taken by either parly de bene, or the court may admit affidavits where it is satisfac· 

torily shown that the witness cannot be produced or his examination by interroga.- tories ant! eros ·examination cannot be had. 

SEc. 18. That in case any judgment is rendered by said court for indemnity for 

any loss or claim hereinbefore mentioned against the United States at the time of 

the c:riving of the judgment, the court shall, upon motion of the attorney or counsel 

for the claimant, allow ont of the amount thereby awarded, such reasonable counsel 

and attorney fees to the counsel and attorney employed bytheclaimantor claimants r espectively as the court shall determine is just and reasonable, as compensation for 

the services r endered the claimant in prosecuting such claims, which allowance shall be entered as part of the judgment in such case, and shall be made specifically payable as a part of said judgment for indemnification to the attorney or counsel, or both, to whom the same shall be adjudged; and a warrant shall issue from the 

Treasury in favor of the person to whom such allowance shall be made respectively{ 

which shall be in full compensation to the counsel or attorney for prosecuting such 

claim; and all other liens upon, or a signments, sales, transfers, either absolute o-r conditional, for services rendered or to fie r endered ahout any claim or part or parcel thereof provided for in this bill heretofore or hereafter made o.r done before such jud~Pllent is awarded and the warrant issued therefor, shall be absolutely null and 

voiu and of none effect. 

And the Senate agree to the same. BENJ. F. BUTLER, 

WM. P.FRYE, 

Managers on the part of the IIouse. 

FRED'K. T. FRELINGHUYSEN~ GEO. G. WRIGHT, '1', Managers on the part of the Senate. 

Mr. BUTLER, of 1\Iassa-chusetts. I ask the attention of the Housd 

for a moment w bile I explain this report. 

1tfr. Speaker, the committee of conference upon the Geneva award 

bill have a~eed firet to the payment of the uninsured losses by ves- sels for which the Geneva tribunal held Great Britain liable. Thoy 

have agreed to the Senate bill so far as it does not allow the insurers 

and underwriters to be paid except where upon stating the account 

of profit and loss it appears that the underwriters have incurred 

losses on the whole business. They have also stricken out from the 

Senate bill the provision that these losses shall be adjudicated in gold, 

finding that nearly impracticable. 

We have agreed to strike out what is known as the 5 per cent. 

clause, that is the clause providing that the Government should retain 

5 per cent. for doing the business-a sort of claim-agent fee-and 

only pay 95 per cent. of the judgment. Then we have inserted a clause that instead of covering the balance into the Treasuiy, it shall 

be allowed to remain as a fund from which Congress may hereaften 

pay other losses. We have agreed to a court of coinmission instead 

of the circuit court, and in order to prevent the great evil to be feared 

from a court of commission we have provided a-s did the House bill 

against all assignments for services, all contingent fees, and ht~.ve 

made 'provision that the court of commission shall determine the 

claims for services in each case. I believe these are all the provisions of the report and aJl the 

changes that have bee'n made. Upon some questions both Houses have agreed, to wit, that the uninsured losers by the cruisers for 

which the Geneva tribunal held Great llritain liaul~1 ~eluding the 

insurance companies that have suffered losses, on striking a balance, 

both have agreed. Upon the question of paying insurance companies beyond that both Houses have agreed. And the other amend~ 
·. ,. 

1874. CONGRESSIONAL RECORD. 5375 

menta are rather amendments of mode, of distribution. I will now answer any questions that any gentleman may desire to ask. 

Mr. POLAND. I desire to ask about what amount of money it will 

take to pay the claims that are provided for by this bill as the com- mittee of conference have left it f 

Mr. BUTLER, of Massachusetts. My belief is not more than 

3,000,000 .. Mr. POL.Al\l). What provi~ion is made for the balance of the 

moneyf 

Mr. BUTLER, of Massachusetts. That is provided for in this way: 

"If there shall remain any part of said money, the same shall be and 

remain a fund from which .Congress may hereafter authorize the payment of other claims thereon." 

Mr. TREMAIN. As to war-premium claims, as to the owners of 

uninsured vessels that were destroyed by other cruisers than the three 

for which Great Britain was held responsible, and as to the insurance 

companies who cannot show by an account of their general bnsiness 

that they sustained losses, I understand that this report does not preclude them from asking for and obtaining payment out of the fund _by subsequent congressional legislation. 

Mr. BUTLER, of Massachnsett~. On the contrary, this report leaves 

open to the war-premium men and the men who lost by cruisers other 

than the three named in the award and the Shenandoah before Melbourne-in regard to them the report is silent. As to the underwriters who have not suffered a loss in their whole business, the report 

simply says that they cannot receive any pay before this tribunal. 

It is silent a>S to the war-premium men and the other men precisely us the Senate bill is. 

Mr. POLAND. Does this bill as it is left by the committee of con- ference po itively and actually forbid any payment to be made to in- surance companies for the vessels for which you do provide for payment! 

.Mr. BUTLER, of Massachusetts. It absolutely forbids it by this 

court, by this commission; it leaves it to be ordered by legislation 

hereafter as it does to war-premium men. Mr. E. R. HOAR. Having failed -to get exactly the purport of·,the 

explanation of the gentleman, I wish to ask whether this conference 

report, summing it up, amounts to this: That it provides for the payment of those classes of claimants about whose claims there have 

been no disputes, and leaves all others for the future judgment of Congress. 

Mr. BUTLER, of Massachusetts. Exactly that; I now yield to the 

gentleman from Wisconsin, [Mr. ELDREDGE.) 

Mr. ELDREDGE. I hope this conference report will not be agreed 

to by this House. It is -now conceded, not only by the majority of 

the Committee on the Judiciary of .this House, but it is conceded by 

the conference committee of the Senate and House of Representatives now :making this report, that this fund belongs absolutely to 

the United States. No such agreement could have been come to as has been made by this committee of conference if in law, equity, and 

justice this fund belonged to individuals. It is therefore agreed by 

everybody who has at all considered this subject officially that this 

money is absolutely the property and money of the United States. 

Now, I put it to this House whether this being conceded we should 

go to work and distribute this entire fund or any portion of it any more than we would 4istribute other moneys that are in the Treasury 

of the United States, when according to the concession of all parties 

who have been connected with this matter at all it is agreed :that 

this fund is as much the property and money of the United States as any money in the Treasury. I understand that the conference com- mittee agree that this fund is not to ·be distributed upon adjudicated 

claims. They set up a proposition here that there are no adjudicated 

claims, no considered and agreed claims ; but that there are some on which no dispute arises, and it proposed to pay those claims only 

which were not disagreed to by the persons appearing before the 

arbitrators at Geneva. I can see no earthly rea on why Congress 

should go to work and distribute this fund on the plan proposed. 

W)lo knows whether these claims are just and right f Has there been 

any proof presented 'l Is there any one here who can vouch for them t 

Why are they to be paid and the whole money not distributed Y If 

this money was adjudicated upon claims presented to and considered 

by the Geneva arbitration, then every dollar of it should be c;listributed, and distributed upon the adjudication. Congre has no right 

to say that certain c~ shall be paid and certain others not paid 

without investigation or consideration. It is either adjudicated 

money agreed to belong to individuals, or it belongs to the Government. I say ,the comm1ttoo have conceded that it belongs to the Government, and I hope the House will never agree to this report. Mr. BUTLER, of Ma sachusetts. I now yield to the gentleman 

from Maine, [Mr. FRYE.] 

Mr. FRYE. I desire to say a word or two in relation to this report. 

The doctrine of the gentleman from Wisconsin [Mr. ELDREDGE] seems to me monstrous, that this money, which· has been paid by Great 

Britain for the losses suffered in consequence of the acts of the priva.teers which she sent out upon the ocean, shall be covered into the 

Treasury of the United States. It seems to me that the power exer- cised by the United States in withholding money belonging to the 

French spoliation claimants has been a monstrous exercise of power. 

1\!r. ELDREDGE. Allow me to ask a; question. 

1\1r. FRY~ ~ seems to me that the withholding from Ju.p:m the 

money that we have in our TreMury to-day is a monstro ity on the 

part of the United States. 

Mr. ELDREDGE. In the report to which the gentleman from Maine 

[Mr. FRYE] has affixed his own name, does he not say that this money 

belongs to the United States free and clear from any legal or equitable 

claim whatever¥ 

Mr. FRYE. I say in the report which I signed that this money belongs to the United States, and that it is held by the United States 

to be distributed as the laws of justice and equity demand. Mr. ELDREDGE. The gentleman uses the exact words, or very 

nearly the exa-ct words that I have quoted-that the money belongs 

to the United States free and clear of all claims whatever, equitable or legal. 

Mr. FRYE. And this money belonging to the United States, citi- zens of the United States entitled to the protection of the Government, having had their vessels destroyed by pirates fitted out in 

Great Britain, come to Congress and ask that they shall be reimbursed 

for those losses; and there is force in their claim which ought to impel every member Congress to answer by giving them bread, not a 

stone. 

I have not given up a jot of my convictions. I hold to-day as I 

held in the beginning, that the insurance companies have no right 

whatever in this fund. I l;told that we are not justified as a Congress 

in paying the insurance companies one dollar. All the discussion in 

the committee of conference, which has been long, has not tended at 

all to convince me that the position I took is not sound. I have not 

yielded my convictions on tbis question. I propose hereafter, if my 

constituents should send me here, to fight it out on that line to the 

bitter end. I will never consent to subordinating the claims of the 

war-premium men, equitable in every respect, to the claims of the 

insurance companies unjust in every respect. 

But, sir, the question came before us, "What _shall we doT" We 

could not agree. There are certain men about whose rights there 

is no dispute-honest men, poor men; and money belonging to them 

under the rules of equity is lying in the Treasury of the United States. In our fight between the war-premium men and the insurance com- panies, shall the.payment of these poor and honest claimants, about 

whose rights-there is no dispute, be deferred year after year until they 

die wearily waiting for what belongs to them, or shall we say like 

men, "There is no dispute about these claims; and therefore, while we put off the fight as to the rest until some future day, these men shall have their pay now." · Sir, I could not justify myself to my conscience if I permitted this 

Congress to adjourn without letting these men have what is justly 

their own; and I trust, sir, that at a future session this fight will be 

renewed, and that ~~ht will in the end prevail. I hope that the 

conference report will be adopted, and that these men will be paid. 

:Mr. TREMAIN. :Mr. Speaker, there is a strong equity in declaring 

that claimants whose claims are undisputed, whose losses were-presented by our Government, acting in behalf of its citizens, to the 

tribunal at Geneva, and whose claims were allowed and included in 

that award, shall not be compelled to await payment of their claims 

until these matters about which disputes have arisen shall be determined by Congress. I should therefore concur cheerfully in this re- port were it not for an expression in i which may hereafter perpaps be construed as laying down a precedent that may be unfavorable to the insurance companies. I refer to the provision declaring 

that before insurance companies under this bill can be allowed for 

any of their claims they must show by an account of their busine s during the war that the premiums received by them were not sufficient to indemnify them for their losses. It is true that that provision applie& only to this bill. It is said that this bill will only call for the 

payment of about two million five hundred thous:md dollars or three 

million dollars; and if that clause were struck out I should have no hesitation whatever in casting my vote in favor of the bill. The 

chairman of the conference committee, however, states that this bill 

will not preclude insurance companies or war-premium claimants or the owners of uninsured vessels which were destroyed by other crui- ers than the Florida, the Alabama, and the Shenandoah before she 

touched at Melbourne from having their claims considered and aJ.-

lowed by any future Cqngress or by this Congress at its next session. If the gentlemen who are here now were to constitute the only -tribunal to be called upon hereaftertodecide this case I suppose that this 

disavowal might be regarded as having influenced the action of 

this House, and that therefore no injury would result to the insur- ance companies. 

As to the payment of the $2,500,000 of uninsured claims on the part 

of owners of vessels that were destroyed and whose claims were allowed at Geneva, nobody questions their right. We concede that 

their claims were allowed at Geneva and formed a part of the award. 

The very principle upon which we advocate the claims of the insur- ance companies requires that these undisputed demands should be 

allowed; and while this bill only goes, as we understand, so far as to 

allow claims that were thus recognized at Geneva and formed a part 

of the award, it by no means sanctions the principle advocated by 

the gentleman from Wisconsin [Mr. ELDREDGE] that the Government 

does not hold this fund as trustee but as absolute owner, but on the 

cmitrary, it concedes a principle directly the reverse. If the uninsured owners whose claims were not allowed or the war-premium 

claimants who it is said have :m equitable claim upo~ this f-und were 
I 

5376 CONGRESSIONAL RECORD. JUNE 22 ' 

proper subjects for indemnity, they have just as good a right to come in and as strong a claim to be recognized under this bill as those 

whose claims were reco~ized and allowed at Geneva. · .Mr. H.A. WLEY, of illinois. I wish to inquire whether this confer- ence report gives anything to the insurance companies 7 

1\Ir. TREMAIN. I have already stated that it only reco~nizea the 

claims of insurance companies who upon an account of thmr general bm~iness may be able to show upon the whole a loss. 

Ur. KELLOGG. Will my friend from New York [Mr. TRE~] 

state whether, in his judgment, that proVision will prevent future 

action of this or some other Congress doing full justice to the insurance 

companies Y 

Mr. TREMAIN. I have already sta.ted that I asked the chairman 

of the conference committee whether this would preclude the insurance 

companies or these other claimants-the wa,r-premium men and the owners of vessels destroyed by other cruisers than those mentionedand he said it would not. 

Mr. BUTLER, of Massachusetts. It would not by this act. 

Mr. TREMAIN. Not by this act. The distinguished gentleman 

from Massa-chusetts [l\Ir. HoAR] asked the question of the chairman 

(lli. BUTLER] whether insurance companies were precluded in the 

future from comin.!? in, and he answered unequivocally that they were not. The bill does provide the balance of the fund over and above the amounts allowed by its provisions shall remain in 

the Treasuty subject to the future action of Congtess. But what 

I object to in the report, ·ancl that is all I do object to, is that there 

should have been any provision made for insurance companies at all .under those circumstances. What I call the attention of the House 

to, and Ieiwe for them to juuge, is when it lays down the doctrine 

under this bill that an imurance company can only be allowed where 

it can show by the account of its business during the war it has met 

with losses ; in other words, that its premiums were not sufficient to 

pay its losses, to say nothing of the expense of its busines , it may 

be urged hereafter that i't is a congressional rf>cognition of the principle that insurance companies cannot be allowed on the mere :naked 

doctrine of subrogation by being substituted in the place of the 

original owners. Of course Congress has plenary power over the 

subject, and may do what is right with the fund still remaining in 

the Treasury; but as I said before, if that section were stricken out 

I should cheerfully vote for the report, a,nd:the only embarra,ssment I 

have is that this matter may not be determined at the next. session • of Congress, and succeeding sessions of Congress, not having heard 

these disavowals accompanying and forming part of this report and 

influencing the action of this House in voting for or against it, looking only to the law, may interpret it as a. recognition of a principle 

adverse to the doctrine for which we have contended. 

But what I wish to say, a,nd I desire to say it now, is that so far as it goes it is an express recognition of the principle for which we have 

contended, that only those claims allowed shall be paid out of the 

fund- that were allowed at Geneva and formed part of the award. 

So far it .adopts a sound and just principle; and I have only this to 

say in answer to the gentleman from Maine, [Mr. FR~:] I do mo~t 

sincerely from the. bottom of ~y heart ~egret t~at ~hiS Congress IB 

about to adjourn w1thout ca ymg out to 1ts leg1trm-gte concluswn the 

logic of this report; I do mo t sincerely regret that we shall stand before the world for another period of time with a. stain resting upon us because we have failed promptly to respond to a demand clearly 

established by the principles of law and equity and resting upon our honor and upon our plighted faith. 

And when the gentleman from Maine says that these insurance 

companies have no claim, I take occasion to say to this House that our action in passing the House oill, which I rejoice has been promptly 

rejected by the Senate, haa called from all parts of this country, from 

the best talent of the co}llltry, and from the most honored jurists of 

the country, a universal expression of disapproval, in which I undertake to say no prominent jurist and no leading newspaper of the 

country has sanctioned the principle of the spoliation and confiscation of the property o~ these insurance companies. l\Ir. William Beach 

Lawrencel perhaps second to no publicist in the United States, hn.s 

writt-en a. letter on the subject of this bill to the Providence Journal, 

in which, after alluding to the claims for war ;pre.miums a;s being 

properly rejected. because they belonged to "the mdirect clauns," he 

says : And for the first time it is bl'lieved, either in municipal law or international discussions has 9n at.tempt been made to de.prive insurers of the title vested in them 

by the p~yment of the lossea insured agarnst. 

He then adds : · One thing I conceive to be certain beyond- all question: If Con!!I'Css should 

either apply the 15,500,000 received from En!tland to the purposea of the Treasuryl or make a different distribution of the funds from that provided by the treaty ana the award of the Geneva tribunal, a fatal blow is given to arbitration. No civilized 

power will ever make a treaty with the United States, dishonored as they will be 

by the greatest breach of trust recorded in history. 

I ask also to publish with my remarks a most learned and able article from the London Economist, called out by this bill, entirely impartial and independent, showing how the a,ction of this House in 

disregarding the claims allowed at Geneva, if it shall formally be 

sanctioned by law, will tend to bring discredit on interna,tional arbitration and destroy it forever. 

THE CLAIMANTS OF THE ALABAMA IXDE.\JXITY. 

[From the London Economist, May 30.] 

It may be thought that we in Enuland, having paid over to the American Government, in liquidation of the ..A.latama claims, the money for which the Geneva 

tribunal a-djudged ua to be responsible, have no concern in the dispo ition of the 

fund among the persons on whose behalf the authorities at Washington made their 

demand against us. Nor would the mere delay that has taken place in the distri· 

bution of the indemnity justify uR in being curious or critical about such purely 

domestic matters of administration and account in a foreign country. But all the 

circumstances surrounding and prolonging the delay have a significance t.bat we ought not to neglect. In the first place, the controversies arisin~ out of the busi- ness in the United States, involve admissions that throw much light-though now only the light of speculative interest;-on the history of the .Alabama claims of the 

negotiations abont them, and of the award of the arbitrators at Geneva. Bnt moreover, they raise queations of public law and constitutional practice of the very 

gravest kind. 

Whether international arbitrations are or are not likely to be accepted in the 

future as a convenient and humane method of settling quarrels between contending 

countries, it is. eas~ to con~~ive t~at the custom of arranging disputes by the pay- ment of pecumary mdemruties will become even nfore common than it has been. 

In most cases such indemnities will be paid to the Government claiming to be aggrieved, not on account of the nation it represents, but on account of certain classes or individuals marked ont from the rest of the commnnio/ as special sufferers by the wrong, and thereforespeciall~entitled t{) indemnification. The extent to whicn 

the nation receiving the indemmty, without an express charge of trust, becomes 

by implication a tru.'ltee for the cla.ssea or individuals having a special claim is a point that, we should say, ought to be very easily determined; bnt in the Uinted 

States it has been seriously brought into question, and the doubts thrown upon what we have been accustomed to consider the broad and plainly marked path of public 

honesty may hereaft.er mislead other countries where popular pressure or political intrigue may chance to offer temptatioll8 for going wrong. 

The triburial of Geneva refused tO take cognizance of two classea of claims -pre- sented by t.he .American Government; it declined to award anything to the Uruted 

States on the score of national injury, or to make any indemnification of individuals 

for indirect or consequential daniaees. There remained, therefore, to be compensated by England simply thedirectfos!es suffered by certain individual ship-owners 

in the United States, whose vessels were captured by the cruisers in the operations of which this country was held to be implicated, and by certain insurance compa,. 

nies that had become liable for the value of other captured vessels. It is plain that 

any painstaking tribunal could easily determine what claims coming under these two categories were valid and the precise amount of them. If the Geneva arbitra- tors had exercised the discretions granted to them by the trea.tv of Washington and 

had ascertained by the aid of assessors the actual amount of the direct claims' t.he 

present disputes and delays would never have disturbed the United States. 'But 

the arbitrators thought it easier, and withal more complimentary to the American 

character, to award a. lump sum ; and accordingly a sum was awarded which though 

paid with promptitude and without remonstrance by our government, wa~ generally thought in England to be in excess of the just measure of damages due upon 

that part of the American demand that was admitted by the tribunaL It lS now urged on all side in the United States-by those who advocate the 

strict distribution of the fund, as well as those who contend that it should be more "liberally" dealt with-that the amount of the indemnity does exceed the amount of any direct claims that can possibly be proved, though it is needless to say that 

there is no suggestion anywhere that the surplus should be paid back into the 

British exchequer. If, however, the American Government had des:i'refl to avoid 

any trouble, as well as any a.ppearance of unfairness in dealing with the money 

handed over by our Government, it was easy to send the direct claimants before 

the ordinary courts of the Union, which would have settled ench claim according to established principles of law; and when all the claims so dispo ed of had been 

paid out of the indemnity, if there had remained a surplus-and of this there seems to be no doubt-Congress, if it disdained the too chivah'Ous honestv of re- turning it to England, might have proceeded to legislate for the application of the 

balance to some purpose at lea-st analogous to the avowed object of the award. But in the present moral condition of Ainerican politics, the temptation to get the 

control of a large sum: of mone~ with which public opinion may be drugged or muddled, is almoet irresistible w1th the persons who are now all-powerful in Congress. For two years the matter bas been held in abeyance, while a succession of bills 

have been rntroduced, both in the Senate and the House of Repreaentativea, pre- scribing ct'>rtainschemes for distributing the money, and the Judiciary Committee 

of the House ha-s bewildered its lf with an infinitude of irrelevant arguments. The 

result is that the clai.mants, even those whose rights are perfectly c1ear, have not yet touched a. penny of the money paid out of English pockets in compensation of 

the los es they suffered· more tha.n ten years ago. The money liea in the Treasury at Washingt{)n, and some politiemns profess themselvea already in favor of leaving 

it there to relieve the general taxation of the Union. Others, repndiatin~ this sn~­

gestion. are laboring to set aside as many as possible of the direct claunants, m order to give a share in the distribution to classes and individuals whose alleged 

rights, after a careful hearing, the tnbunal at Geneva declined to admit. 

The ship-ownersi who refused to insure their vessels at war rates when the reb 1· lion broke out, re ying on the power of the United States Government to exact compensation for losses, if any should happen~,....a.re indisputably entitled to indemnification out of the money paid by .England. l!iven General BUTLER doea not con- test this ; but while Congress is sqnaObling about the disposition of the very large 

surplus tha,t will certain1y remain after all such claims have been paid, they.:ue 

very unfairly kept out of their money. .Again, the claims of the insurance com- panies which ha•\e paid the losses of ship captured by the .Alabama and her con- sorts, are manifestly within the scope of the award; a.nd though a doubt may arise 

whether the _Premiums pa.id by the owners of the8e vessels come under the liea-d of 

direct or indirect damages, this pOint is one which need not be determined till the 

insurance companie , wbo have clearly a first charge, .have been paid. The losses of ship-owners who sold their ve sel11 on the outbreak of the war, and 

those.incurred by the payment of heavy war premiums on vessels not captured, . come under the head of consequential damages. Of course there is no objection 

that, ::tfter the direct claims ha>e been paifl, the United States Government, if it 

should not see fit to return the surplus to England, of which we have no expect.a- tion whatever, should apply the · balance in spite of the arbitrators' decision, to the compensation of the indirect claimants, or even of other sufferers by the war who have no relation to the British indemnity at :ill. The award do not seem t 

have restrained the United States, at least in express term , from doing something 

of thish'ind; but it did distinctly constitute the payment of the direct claims a tru t upon the fund, which should, in simple honesty, take precedenceot every other charge this Congress may choo e to make upon the indemnity. The utterly irrcle· vant and ineq_uitable argument that General BUTLER and otbers of the demagogic fuo.tion are rrusing against the claims of the insurance companies is a disgrace to the United States. . Specific losses have been suffered, and an international tribunal invested with the 

amplest powers has allocated a certain sum of money paid by a community re- sponsible for particular acts to the compensation of those losses. ButGeneralBUT· LER and his allies demand that they shall be a.llowed to investigate th~whole busi- ness career of the sufferers during the period within which the losses took placo, 
1874. CONGRESSIONAL RECORD. 5377. 

with the object of ascertaining whether da.mage in one way was not redressed by gain in another way. though tlie gain may have no relation whatever to the cause of the damage. The insurance companies naturally decline to open their books to 

such nn inve tigatiou; and, indeed, the whole mercantile community of the United 

States denounce the pr tension as monstrous. But there is a largo and noisY. class 

who aro interested in cutting down the legitimate claims as much as po Sible, in 

order that a large balance m.t.y be.left for illegitimate claim .lilts. Meantime; not only the insurance companie , but the uninsured ship-owners remain without a. penny of the compensation that was paid over by England so lon,g ago. 

RIVER .U.TD HARBOR APPROPRIATION BILL. 

On "motion of Mr. SAWYER, by unanimous consent, the House took 

from the Speaker's table the amendments of the Senate to the bill 

(H. R. No. 3168) makin15 appropriations for the repair, preservation, 

and completion of certam public works on rivers and harbors, and 

for other purposes, and the same were referred to the Committee on Claims. GENEVA AWARD. 

Mr. E. R. HOAR. It was my hope that this Congress would be 

able to pass a bill at this session making a final dispo~ition of the 

Geneva award. I think that our position before the civilized world 

1·equired it if possible. I:t is not proved to be possible or practicable 

to reconcile conflicting views. When that was ascert&i.ned in the 

committee of conference I went to tho e gentlemen and begged them 

for the honor of the conn try, for the honor of this Congress at least, 

to report a measure 'that would provide for the payment of the undisputed claimants upon the fund, so that this Congre should not go 

by and leave them unpaid, and leave the rest to bo considered in the 

next Congress without prejudice to the rights of any man.' 

Now I do not believe that any considerable proportion of this Congress or of the people of this country sympathizes with the views of 

the gentleman from Wisconsin, [Mr. ELDREDGE] and I do not propo e to take up any time in referring to them. But I do think there is a strong feeling that the undisputed claimants should be p:.tid at 

once, and when it goes upon the record by the avowal of every mem- ber of the committee that the purpose of this is to leave without 

prejudice every other claim, I cannot see that the objection of the 

gentleman from New York [Mr. 'I:RE?.I.AIN] .is important. I therefore 

hope that without any further consideration of the statements made on the one side or the other about the equities of tho particular claims 

that we cannot now di cuss and come to any agreement upon in this Con~ress, we shall pass this conference report with substantial una- nimtty. 

Mr. POLAND. I understand the gentleman· from Massachusetts 

[Mr. E. R. HoAR] to say that he understands th!tt other claims except 

those provided by this conference report are left to stand--

.1\fr. E. R. HOAR. Without prejudice. 

Mr. POLAND. There I think the gentleman is entirely mistaken. 

Mr. E. R. HOAR. Will the gentleman allow me to say that I asked 

that specific question fifteen minutes ago of the chairman of the 

committee, and he answered me categorically in the affirmative. 

Mr. POLAND. The report expressly provides tha.t claims of insur- ance companies shall not be paid. 

Mr. BUTLER, of Massachusetts. At this time. :Mr. E. R, HOAR. But they stand like all others to come before a future Congre s for adjudication. 

Mr. POLAND. I think the gentleman is very much mistaken, 

whatever the chairman of the committee may have said. 

Mr. BUTLER, of Massachusetts. I will read the words from the ·report. 

1ESSAGE FROM THE SENATE. 

A message from the Senate, by 11r. SYMPSON, one of their clerks, 

announced that the Senate insisted on its amendments, disagreed to 

by the House, to the bill (H. R. No. 3415) to provide for the care and 

custody of persons convicted in courts of the United States who have or may become ins:1ne while in prison, agreed to the conference asked 

by the House on the disagreeing votes of the two Houses thereon, 

and had :1ppointed Mr. FRELINGHUYSEN, Mr. WRIGHT, and 1\Ir. STEVENSON, conferees on the part of the Senate. 

The message further announced that the Senate had pa-ssed 'thont amendment the joint resolution (H. R. No. G9) amending joint r esolution of Ap1il 16, 11572, 1·elating to a statue of the late Admiral 

Farragut . . 

G"E;NEVA AWARD'. 

The House resumed consideration of the report of the committee 

of conference on the bill in relation to the Geneva award. 

Mr. POLAND. I ask the gentleman from Massachusetts [Mr. BuTLER] to yield to me for one or two moments. 

Mr. BUTLER, of Massachusetts. I yield to the gentleman. 

Mr. POLAND. The gentlemanfromNewYork, [Mr. POTTER,] who wa.s a member of the conference committee, being obliged to leavo, 

gave me a written statement as his views, which he desired me to 

pre ent to the House. I ask the Clerk to read the gentleman's letter. 

The Clerk read as follows: 

HOUSE OF REPRE IDITA.TIVES, 

Washington, D. 0 ., June 20, 1874. 

MY DEA.R Srn: The Unite<l States claimed that Great Britain had been relniss in 

the disc!mrge of her duties as a neutral. For injuries thus occa ioned our citizens 

had no 1·1mtedy against Great Britain; but they had a right. Their claims toaetber 

with the claims of other citizens for enhanced premill.IIlS and certain national claims 

::~f~~b~~~~ fte<tri'b~::l~~~n~~!~t ¥~~~bu';~f~~~d:ds!b:O~:~;~inb!t all the national claims ancl against all the private cla•ims LXCept only j:.he vessels 

337 

destroyed by the .Alabama, Florida, and Shenandoah after Melbourne. These ves- sels were ninety-four in number. Their value, and that of their cargoes and e.1rned 

freight, &c., w:a.s ~stimated by the tribunal, including interest at over $15,400,000. 

The fimd pa1d m pursuance of this awar:cl seems to me, therefore, to be held " in 

trust" (as the Supr me Court in Vasse's case saicl) for the persons interested in 

those ve els; and I have accordingly not felt at liberty to join in any report which 

either debarred those interested in those vessels from gettin..,. their share of this 

award, or which distributed the money to any person whom the tribunal declared not entitled to it. 

I am compelled to leave to-night, and as you and I have been in entiro accord in 

the Judiciary Comlnittee on this question, I now write you that you may make such 

representation to the House in respect of my action on the conference committee as you may see proper in my absence. 

I remain, dear sir, truly yours, 

CLARKSON N. POTTER. 

Hon. LUKE P. POLAND. 

Mr. POLAND. As 1\Ir. POTTER says in that letter, we got pay from 

England for ninety-four vessels and cargoes. The value of these 

vessels and cargoes was figured up and made the basis of the Geneva 

award. This bill as it is left by the conference report provides that 

all the ownors of those ninety-four vessels shall be paid, deducting 

what they have received from insurance companies. Now we got 

pay for the ninety-four vessels at their full value. 

Mr. ELDREDGE. The gentleman will h:1ve difficulty in :findinu 

any table or any adjudication that will show the precise sum of 

15,500,000, or that it is ba-sed upon any Sl)ecific claims. 

1\Ir. POLAND. I cannot yield. This statement of the gentleman 

from New York [Mr. POTTER] is absolutely true. Now, we say that 

the owners of these ninety-four vessels aml cargoes shall get their 

money, deducting such sums as they have received from insmance 

companies. Who shall have the balance Y \Ve have it. It seems the plainest statement in the world. I would agree with the gentle- man from Massa-chusetts [Mr. E. R. HoAR] who has just spoken, that 

if this matter was left entirely free and open so that insurance com- pa.uies could come before Congress, or come before a tribunal and 

stand unbiased and unprejudiced with the war premiums and the owners of vessels destroyed by the other rebel cruisers- ! would 

agree with him that to the extent to which this bill now goes by the 

report of the conference committee it would be better to pay it out 

of the fund to the claimants who we all agree are entitled to it. But 

I tell the House and I tell the gentleman from Ma sachusetts [ Mr. E. 

R. HoAR] that this bill as these gentlemen have left it absolutely 

forbids any payment to insurance companies. To be sure we may 

hereafter repeal this law which we are now enacting and agree to 

pay the insurance companies; but when the gentleman from Massa- chusetts and the gentleman from Maine say that they have left all 

claims of iP'imance companies to stand for the unprejudiced action of some future Congress, they make a statement that is entirely different from my construction of the bill which they present. Mr. KELLOGG. I desire to ask the gentleman from Vermont a question. 

Mr. BUTLER, of Ma-ssachusetts. I cannot yield further. Mr. POLAND. I ask the gentleman to yield to me for just one word more. Our conference committee went to the Senate and they came back shorn. They have absolutely abandoned the entire House 

bill. What remains here is the Senate bill. The Senate bill has a great deal less of abomination in it than ours had. To that extent I 

commend the efforts of the e uentlemen. 

·we h:id one thing in the bill that was not in the Senate bill, and 

which was abandoned by the conference committee, which was not a. good thing. It provided that each claim should go before one of 

the organized and established· legal tribunals of the country. The 

Senate provided for one of these three-cornered commissioned courtts. 

Mr. BUTLER, of Massachusetts. 0, no; five-cornered. Mr. POLAND. I have always been a little jealous of special tribu- nals to decide questions of right between men. I think myself th:1t 

the regularly or~anized lecral tribunals of the country are the proper tribunaJ.sto decide disputed cases that may ari ·e; they are far cheaper, 

they are far more likely to arrive at the truth when facts are in dis- pute, and far more likely to decide the la.w correctly, and the whole 

is more uniform and honest. Mr. Speaker, I have such strong objection to the report of the com- mittee of conference that I cannot vote for it. It is true that so far 

as the bill provides for the paying out of the money now, it provides 

for paying only to the men who all agree are entitled to it under the 

Geneva award. In that respect it goes ab olutely against the doc- trine of the report of the gentleman fTom Massll{)husetts, that this wa-s the money of the nation. The committee have agreed as far as they 

go that the money ·clue to individuals under that award shall be paid 

to them. The legitimate result and consequence of going as far as the conference report proposes must be that the insurance companies 

h:1ve the money they paid for the vessels which were included in the 

award. If I did not fear that this bill would be claimed as barring 

insurance companies hereafter, I would not object to it. 

Mr. BUTLER, of Mas :1chusetts. I will now yield for one minute 

to the gentleman from .Kentucky, [1\Ir. BECK,] and then I shall ask 

the previon question upon agreeing to the report. 

Mr. BECK. I desire to say a word only. When this que tion was up in the last Congress I then opposed the bill that finally passed the 

House. I believed then, and I believe now, that this Congress is 

obliged, certainly good faith and national honor requil:e us, to distribute this money among the owners of the ships tbat were destroyed 

by the Alabama, Florida, and the Shenandoah, or to the persons wh o, 
. 

5378 CONGRESSIONAL RECORD. JuNE 22, 

by payment for losses, are subrogated to their rights. I believe that we hold the mon,ey in trust for them, and that we have no more right to keep it in the Treasury of the United States and apply it to 

general use, than would an executor, guardian, or trustee have the 

right to pocket the money of his cestui q1te trusts. The Government 

pre ented these claims against Great Britain because individuals 

under our Constitution cannot deal with foreign nations. They had 

to apply to the Government as their agent and representative to do so, 

and having so applied-the United States having withd.tawn its own claims as a government, indeed the arbitrators having refused to ad 

until we did so-the money evidently belongs to the individual 

claimants, and for one I would rather see it sunk to the bottom o.f 

the Atlantic Ocean than to see it appropriated by the Government of 

the United States for the common use of the people. Upon this 

question I differ totally with my friend from Wisconsin, [Mr. ELDREDGE,] and I think that when he comes to examine the question 

he will agree with me, that we cannot with honor use the money for 

any other purpose than to pay these individual claimants who represent the ninety-odd ships destroyed by the; Alaba.ma, Florida, and 

Shenandoah. I believe, whether it is equitable or inequitable, that 

the e insurers, who were by law as well established as the common law itself subrogated t<> the rights of others, are obliged to come in 

for their share of the distribution. I am sorry that it is so, but I bow 

to the law as the courts expound it. It was so tlecided 1IDder the 

Spanish treaty, under the old Danish treaty, and in the French 

spoliation cases. What are the facts England did us no damage- so the arbitrators decided-except what she did by her negligence in 

allo,ving the three ships I have named to f$0 out from her ports upon 

the high seas as confedera.te cruisers, and 1t is the persons who were injured by the acts of those Rhips that alone ought to share in the 

money which the arbitrators award. It is England's money we are now dispo ing of, not ow·s. Those injured by her, and none others, are entitled to it. She has the right to have wrongs done by her satisfied out of her money. 

Mr. Speaker, I h..'l.ve read the debate upon this subject very care- fully, and I want to say to the HoW?e that the argument made by the 

distinguished Senator from Ohio [Mr. THURMAN] upon this question 

the other day never has been and never can be answered. I agree with 

him, and am proud of it, a.s the bold, manly utterances of a great 

democratic lawyer and Senator. Sir, Congress is called upon'to a-ct as judge in the consideration of these claims, and I do not know of 

'any more. unfit set of judges to decide upon such questions. I prefer 

that the question should be transferred to the courts, who can decide 

upon these cases according to their merit. 

Mr. BUTLER, of Ma sachusetts. I desire to say but a single word, 

and then I will call the previous question and ask for a vote. I agree as a matter of course, upon the premises taken, that the argument 

that there is subrogation of rights of insurance companies is un- answerable. But we are here to make laws, to put the law as it 

ought to be. And we are putting the law now as it ought to be; or rather we did in the House bill.. But the present bill does not do anything of the sort. We leave that as an adjourned question. I want 

to put in only one caveat. It is said that we have agreed that the 

insurance companies shall come in hero unprejudiced. I cannot agree 

to that. They came in here unprejudiced by this report; but they neve.r will come in here with a claim to get paid twice Without a great deal of prejudice against them. 

Mr. DAWES. I desire to say a single word. There ·are some things 

in thisreportthatperhapsl wouldmakedifferentif I could. But I agree 

that the importance of distributing this award is so great that we ought 

to yield minor matters of detail; every dollar of it that can be distributed justly ought not to stay an hour in the Treaslll;'y or in our possession merely because we cannot distribute the whole of it. I 

agree that it is most desirable that we should dispose of the whole of 

it now, and I for one would prefer to do it through the courts. But 

if that cannot be done, I have confidence enough in any tribunal that 

will be created to distribute the whole of it, if that is possible, and 

if not, to distribute as far as we can. But this report is going thus 

far right, and I shall vote for it, although I should prefer that the 

whole of this award should be distributed to those who.in equity and 

justice have a right to it. A reproach hangs over this Government 

for holding for seventy long years the French spoliation award, and 

the money we have received by treaty stipulations, and which we stipula ed to pay to the parties to whom it belongs, and which money we hold in the Treasury because we have the power to hold it. That 

is a reproach to which we should not add that of keeping the Geneva a ward or· one dollar of it one hour beyond the time we can distribute it. 

Mr. BUTLER, of Massachusetts. I now call the previous question. 

The previous question was seconded and the main question or- dered; and under the operation thereof, the report of the committee 

of conference was agreed to. 

Mr. BUTLER, of Massachusetts, moved to reconsider the vote just 

taken ; and also moved that the mot~on to reconsider be laid on the 

table. 

The latter motion was agreed to. 

MOIETIES. 

Air. FOSTER. The Senate has returned with an amendment House 

bill No. 325G, to repeal so much of the act approved May 8, 1872, en- titled "An act making appropria.tions for the legislative, executive, 

and judicial expenses of the Government for the yea1· ending J nne 30, 

1873, and for ·other purpo es," aR provide for the employment of per- sons to assist the proper officers of the Govern.Inent in discovering and 

collecting moneys \vitbheld, and for other purposes, The amendment 

is to strik out the third ection of the bill. I move the amendment 

be concurred in. 

The motion was agreed to. 

Mr. FOSTER moved to recon ider the vote by which the amend- ment was agreed to; and also moved that the motion to reconsider be 

laid on the table. • The latter motion was agreed to. 

ELECTION OF PRESIDENT AND VICE-PRESIDENT BY THE PEOPLE. 

Mr. S.MITH, 9f New York,n·om theCommitteeonElections, reported a joint resolution (H. R. No. 116) proposing an amendment to the Constitution in respect of the election of President and Vice-President; 

which was read a first and second time. 

The joint resolution was read, as follow~: 

Resolved, &c., (two-thirds of each House concurring,) That the following article is 

hereby .vroposed as an amendment to the Constitution of the United States and 

when ratified by theLegisln.tures of three-fourths of the several States, shall be ~aliu to all intents and purposes a a part of the Constitution. 

ARTICLE -. 

SECTION 1. The President and Vice-President shall be elected by a direct vote of 

the people in the manner following: Each State shall be divided into districts, 

e9.ual ~number to the number of Represen~tives to wl?ch the State may be en- titled m the Congress, to be compo ed of conti!!llous·terntory, and to be a.s n arly equal in population as may be; and the person 'having the hi&"hest number of voteH 

in each district for President shall receive the vote of thau district, which hall count one presidential vote; and no voter in any State shall vote for candidates for 

President and Vice-President who arc both citizens of the same State with him l'lf. 

SEc. 2. The person having thl} highest number of votes for President in a State 

shall receive two presidential votes from the State at large. · SEC. 3. The person having the highest number of presitlential votes in the United 

States shall b3 President 

SEc. 4. If two persons have the same number of votes in any State, it being the 

highest number, they shall r eceive each one 11residential vote from the Stato at laige; and if more than two persons shall have the sa.me number of votes in any 

State, it being the highe t number, no presidential vote shall be counted from th·e 

State a'; L'lrj:fe. If more persons than one shall have the same number of votes, it 

being the h1ghest number, in any di..<;trict, no presidential vote shall be counted 

from that district. 

SEC. 5. The foregoing provisimis shall apply to the Vice-President. 

SEc. 6. The Congress shall have power to provide for holding and conductinu all 

elections of President and Vice-President. The returns of such elections shill be 

made to the Supreme Court of the United States within thirty days after tho election. Said court shall under such -rules as may be prescribed by law, or by the court in the absence of law, determine any contest in respect· of such returns, can- vass the same, and declare within ninety clays after such election by public procla- mation who is elected President and who is elected Vice-President. · SEc. 7. The States shall be divided into districts by the Legislatures thereof; but 

the Congress may at any time by law make or alter the same. 

to sfu;· :m"!o o¥C::c:!i"de~t bas been a justice of the Supremo Court sh<ill be eligible 

.Mr. SMITH, of New York. I move that the joint resolution with 

the accompanying report be printed and recommitted to the Committee on Elections. 

The motion was agreed to. Mr. SMITH, of New York. I ask consent that the Committee on Elections have leave to report this joint resolution at any time cluring the next session. Mr. ELDREDGE. I object. 

ELECTION CONTEST-BELL VS. S rYDER. 

Mr. SMITH, of New York. I a k consent to r eport £rom the Committe on Elections for consideration at this time the following resolution: 

Resolved, That the contestant, M. S. Bell in the contested-election caRe from the 

second congressional district of Arkansas, be allowed thirty days after the adjourn- ment of the present session of the Forty-third Congress, without further amending 

his notice of contest, to take further testimony in reference to t.he vote of Hemp- stead and Hot Springs Counties; and the contestee, 0. P. Snyder, shall have twe:r;~.ty 

days after the expiration of the said thirty days allowed t.he contestant to take tes- timony by rebuttal in relation to the vote in said two counties, this testimony to be 

taken on ten days' notice served on the parties respectively. 

Mr. TODD. I object. 

THREE SIXTY-FIVE BONDS. 

Mr. KELLEY. I ask consent to submit the following resolution for 

consideration at this time: 

Resolved, That the Honse will immediately after the morning hour of Tnesda.:y, tho 

8th of December, go into Committee of the Whole for the consideration of bill No. 539, being a bill for the issue of convertible bonds aud the reduction of interest on the funded debt. 

Mr. KELLOGG. I object; there is a special ordor for the reorganization of the Treasury Department which will come up at that time. 

ENROLLED BILLS SIGNED. 

:M:r. DARRALL, from the Committee on Enrolled Bills, reported 

that the committee had examined a,nd found truly enrolled a. bill of 

the following title; when the Speaker sif$ned the same : An act (H. R. No. 3030) making appropnations to supply deficiencies 

in the appropriations for the service of the Government for the fiscal 

years ending June 30, 1873 and 1874, anti for other purpose . Mr. PENDLETON, from the same committee, reported that they 

had examined and found truly enrolled a bill of the following title; 

when the Speaker signed the same: An act. (S. No. 669) referring the petition and pa.pers in the case of 
1874. CONGRESSIONAL RECORD. 5379 

Robert M. and Stephen A. Douglas, in so far as the same relate to 

cotton seized, to the Court of Claims. 

MISCELLANEOUS APPROPRIATION BILL. 

. The House resumed the consideration of the amendments of the 

Senate to the sundry civil appropriation bill. 

The thirteenth amendment was read, as follows : 

On paae 12 of the printed bill insert the following as a new para!!Taph : That ihe salary of the special policeman in the office of the 'Secretary of the 

Senate shall hereafter be 1,296; and a sum sufficient to pay the increase hereby 

Jllll.de be, and the same is hereby, appropriated. 

The Committee on Appropriations recommended concurrence in the 

Senate amendment with an amendment adding theTeto the following: 

And the salaries of the assistant disbursing clerk and the clerk of the Committee on Appropriations of the House are hereby fixed at the same rate as that of the 

assistant .Tournai clerk; and a suffieent sum to meet the increase is hereby appropriated. 

For folding documents for the House of Rev.resentatives, $50,000. 

For extra stenographic reporting for committees of investigation of the House of 

Representatives for the first session of the Forty'-third Congress, 6,000, or so much 

thereof as may be necessary, to be audited and paid unuer the direction of the 

House Committee on Accounts. 

Mr. WILLARD, of Vermont. I would inquire of the Chair whether 

it is in order to amend the Senate amendment by putting on it an appropriation for the folding-room of the House f There is nothing 

in the Senate amendment touching that subject. 

Mr. GARFIELD. I desire to call the attention o.f theHouseto the 

several subjects embraced in this amendment. Let the point of order 

be reserved. 

Mr. WILLARD, of Vermont. Very well; I reserve the point of 

order. 

Mr. GARFIELD. The amendment reported by the Committee on Appropriations to be attached to this amendment of the Senate brings 

the House face to face to some of its own work and some that is not 

its own work. Two or three days ago, without my knowing ·it at all 

until it was done, (and I suppose the same is true of a great many 

other gentlemen,) a resolution was passed sub silent·io increasing the 

pay of one of the clerks in the Clerk's office of this House to $3,000, 

and directing the Committee on Appropriations to make provision for 

it on an appropriation bill. Thus there came to the Committee on Appropriations from tb.e House a resolution mandatory in its character, requiring us to single out one clerk in the office of the Clerk of 

the House and raise his pay to $3,000: Now, because we raised the 

pay of five clerks here in tlie House there is further on in the bill a proposition from the Senate to increase the pay of twelve clerks in 

that body so as to correspond exa-ctly. 

Now the Committee on Appropriations desire to say that for the 

clerk of such a committee as that on appropriations, who has been ~mployed every secular day except four since this session began and 

has worked a large number of nights, to be left with 2,5(1~ -bile a group of clerks who work only during the session of Congress are to 

be put $500 above him, is an inequity that we desire not to hav-e con- tinue. We therefore submit this amendment for the consideration 

of the House. My own opinion is that the whole provision ought to 

go out; but the Committee on Appropriations is bound to obey the 

order of the House and to report this addition. If you. ~ect one of 

the assistants in the Clerk's office to receive an increase of pay, why 

not also take, in the next room, those who &re in charge of enrolling 

bills, and who werk for hours at night when the other officers of the 

House have no work at all. 

There is another amendment to which I wish to call attention. 

We have recommended an appropriation of 50,000 to pay for the fold- .ing of documents. We do this upon a letter from the Door-keeper 

calling our att.ention to the fact that since our bill embracing the appropriation for the folding of documents passed and became a law 

the House and Senate have agreed to print the Agricultural Reports 

for two years, which when we made the former appropriation for 

folding had not been ordered to be printed. To print all thee additional documents will render necessary a very large amount of 

folding. 

Mr. SMITH, of Ohio. What number of those Agricultural Reports 

has been ordered to be printed f 

Mr. GARFIELD. So many as $50,000, the sum which we appropriated, will publish, the type being already set and the work having thus far gone on. But we have not a dollar appropriated for folding 

those reports. In addition to that we have appropriated $GO,OOO for 

publishing the Surgical History of the War. Besides that, a large 

number of other documents have been ordered to be printed; and if 

the report that has been made up on a conference upon tho post-office 

appropriation bill should go through, the postage on no public document can be higher than ten cents, and the CONGRESSIONAL RECORD 

will be subjected merely to the rate of newspaper postage, one and 

one-half cents a pound; so that members will be able to send at t hat 

rate tons of speeches printed in the RECORD. ·Now, all these must 

be fold'ed; and i;f we should stand by the legislation which seems in 

the main to have pa sed both Houses we must make an approprtat.ion of about the amount now reported for the folding of documents. This 

work mquires, of course, the employment of folders and the payment of their salaries, in addition to the co t of printing. If this '50,000 

be appropriated the appropriation for the folding-room will still be 

$25,000 less than we appropriated last year. 

Mr. KASSON. I wish to ask the gentleman from Ohio [1\fr. GARFIELD] whether the documents to which he refers will be in the folding-room in time to be folded during the coming recess 'f 

Mr. GARFIELD, Yes, sir. 

Mi-. KASSON. Not the Surgical History 7 . Mr. GARFIELD. No, sir; but the others will. The Agricultural 

Report is already in type; the force will be set to workuponitprobably as soon as we get away. . l\ir. KASSON. Let me ask the gentleman one other question. Does 

he propose to fix salaries of officers by reference, as is proposed in this 

amendmentf I think I have heard him condemn the pra-ctice of making one officer's salary the same as some other officer's, without designating the amount. If that amendment is to be adopted, I wish the 

figures inserted so that we may know ex:wtly what the amount is. 

.MJ.·. GARFIELD. Well, $3,000 can be inserted. 

Thereisone other amendment to which I wish to call attention. The 

Committee on Rules have directed me to offer to the House the last 

clause of this amendment, providing for paying, under the direction 

of the Committee on Accounts--

lli. BUFFINTON. Not at all. , Mr. GARFIELD. Why does the gentleman say "not at all!" 

Mr. BUFFINTON. Because there is no money to pay that account, 

and we do not ask to have any approp1iated. 

Mr. GARFIELD. The gentleman from Massachusetts[l\fr.BUFFINTON] does not traverse anything that I am saying. I say that the 

Committee on Rules, not the Committee on Accounts, have instructed me to move an appropriation of 6,000, or so much thereof as may be 

necessary, to pay the cost of extra stenographic reporting of investigating committees which has been done by order of the House. this 

session. Those items are in the amendment. I hope the House will 

strike out the provision for increase of salary ; and I say that against 

the clerk of the Committee on Appropriations who as much deserves 

increase of salary a-s any other officer in the Capitol. When by a kind of 

quiet, silent arrangement a resolution is shoved through the House making it mandatory on the Committee on Appropriations to report this 

increase of salary, while I will a-s chairman of that committee loyally 

obey the order of the House, yet as an individual member of the 

House, I ask it now to undo its own mischief. I have done my duty as chairman of the committee in reporting it, but I ask personally 

that the amendment be rejected in that regard. In relation to the 

provision for folding documents and for extra stenographic reporting, 

I suppose we will have to agree to that. · Mr. WILLARD, of Vermont. Some time ago I made a parliamentary inquiry. The thirteenth amendment of the Senate is one in 

reference to a special policeman in the office of the Secretary of' tho 

Senate. What I wish to know is how far these matters, which do not 

at all relate to that provision for a policeman, can be inserted as an amendment in this House. I make the point of order that this 

amendment is entirely out of order. Neither the clause for increase 

of salary, ,nor that in relation to the folding of documents, nor that 

in relation to stenographic reporting· is at all germane to the Senate 

amendment. 

The SPEAKER. Does the gentleman raise the point of order that 

the amendment is not germane to the Senate amendment 'I · 

Mr. WILLARD, of Vermont. I do. 

The SPEAKER. The Chair cannot see how he can do otherwise 

than sustain the point of order. It can come in therefore only by a suspension of the rules. 

Mr. GARFIELD. The amendment of the Senate relates to an officer 

of the Senate. I think it has been customary, on a bill between 

the two Houses, that an amend.ri:lent relating to the officer of one could be amended by a provision relating to an officer of either of 

the Houses. 

l\fr. WILLARD, of Vermont. But there is also here an appropriation for folding documents. _ l\fr. GARFIELD. The appropriation for folding documents perhaps 

will not be germane. • The SPEAKER. That is what t.he gentleman makes his point of 

order on. lli. GARFIELD. I thought he made it on the whole amendment. 

The SPEAKER. The other part the Chair would rule to be in 

order. 

Mr. WILLARD, of Vermont. · I wish to say a word. 

The SPEAKER. If the gentleman insists on his point of order the 

amendment is not before the House. 

Mr. WILLARD, of Vermont. I do insist on my point of order in 

relation to the appropriation for the folding-room. 

The SPEAKER. The Chair sustains the point of order. 

Mr. KASSON. I ask the amendment be reported. 

Mr. HAWLEY, of illinois. I move to strike out the whole amendment. . The amendment of the Senate was again read, as well as the amsndment moved by the Committee on Appropriations. 

The SPEAKER. Tho Chair rules the amendment to the amendment to be in order, excepting that part relating to the folding of 

documents, which is ruled out. 

Mr. D.A. WES. Is it in order to add to the amendment providing for a clerk to the Committee on Ways and Means'f 

The SPEAKER. It is, as that is an amendment only in the third 

degree. 

4 
' 

5380 CONGRESSIONAL RECORD. JUNE 22, 

Mr. DAWES. I do not wish to antagonize any motion to strike 

out, but I do not know why t.he clerk of the Committee on Ways and 

.Means should be loft out when he has so much to do. If the House 

decline to strike out, I will then move to include the clerk of the 

Committee on \Vays and Means. 

The SPEAKER. It is in order now. Mr. RANDALL. I wish to say a word on the motion to strike out. 

.Mr. DAWES. I move to include the clerk of the Committee on Wa.ys and Means. · The motion was agreed to. 

Mr. KELLOGG. If it be in order, I wish to move an amendment 

in reganl to another clerk. 

The SPEAKER. It is "in order if the gentleman from Ohio leaves 

it open to amendment. 

:Mr. KELLOGG. I move to include the clerk of the Committee on War Claims at 2.500. He has to remain here the year through, and 

that salary is what t.he committee of the House agreed he should 

have. I move that amendment. 

:Mr. GARFIELD. I now call the previous question. 

The previous question.was seconded and the main question ordered. 

Mr. RANDALL. Th~re is a principle to my mind involved in the 

Senate amendment. The Constitution of the United States gives 

to each House the control c;>f its own officers, and following that each 

House bas the I'ight to sett.le what the pay of its officers shall be. It 

is hardly fair that we should lo~d down with amendments the Senate 

amendment which merely relates to its own officers. I should have 

Jiked therefore that there had been separate amendments. For I have 

always said he:re and in committees of conference on legislative appropriation bills that each House had the right to fix the salaries of its own officers. Now, while I demand that right for this House I am at 

tne same ,time consistently willing to give it to the Senate. Therefore 

I think the Senate amendment No. 13 as it stands should be adopted. :Mr. GARFIELD. I move the previous question and call for a vote. 

The previous question-was seconded and the main question ordered 

The SPEAKER. The first question is on the nmendment of the 

gentleman from Connecticut [Mr. KELLOGG] to appropriate 2,500 as salary to the clerk of the Committee on War Clainls. 

The amendment was not agreed to. The SPEAKER. The question is next ou striking out the amendment which the Clerk will read. 

The Clerk read as follows: 

.And the salaries of the assistant disbursing clerk, and the clerks of the Commit. tees on Appropriations st.nd Ways and Means of the House a~e hereby fixed at the same rate as that of the assistant Jom:nal clerk, and a. sufliment sum to meet the 

increase is hereby appropriated. 

Mr. SPEER. Does not negativing that carry with it the amendment of the Senate also f 

The SPEAKER. 0, no; this amendment which it is proposed to 

strike out is tQ amend the Senate amendment by a~ding these words 

to it. 

Mr. SPEER. Then the vote on the Senate amendment will come 

afterward f 

The SPEAKER. Yes. The question being taken on striking out the words just read, it was decided in the affirmative; and the words were stricken out. 

The SPEAKER. The question is next on adding to the Senate 

amendment the words which the Clerk will read. 

The Clerk read as follows : 

For extra stenographic reporting for committees of investigation for the House 

of Representatives for the first ses ion of the Forty-first Con!ITess, 6,000, or so much thereof aa may be necessary, to be audited and paid under tl'i.e direction of the 

House Committee on Accounts. 

Mr. SPEER. I desire to say a word upon this. It appears that 

for the reporting done for the Committee on Expenditures in the 

Department of Justice a bill has been presented for over 500. The 

gentleman who did that work of oourse should be paid ; but it was my understanding that there were reporters here employed by the 

year ana. paid for doing that work. When I asked where were the 

reporters who should do that work I was told that one of them bad" 

leave of absence from the House. It appears that he had leave of 

absence from service but not fTOm drawing his pay, so that if this 

amendment prevails we shall be paying two persons for doing this 

work. 

Mr. RANDALL. I think I can answer the gentleman satisfactorily. In the first place, he will agree with me that those reporters 

who have done the work should be pajd, Mr. SPEER. I do. Mr. RANDALL. Therefore whether the manner in which the work was done was regular or irregular, and I think it was irregula,r, the 

parties who actually performed the work ought to be paid. This appropriation of 6,000 is absolutely necessary to pay these reporters 

who did the work As to the pay of the absent man the Committee on Rules will report a change of rule that will in the future correct 

this matter, making the salaries of the officers so much each year, and providing that the two officers for the salaries thus paid shall 

meet every expense for the reporting of committees. 

The question being taken on the amendment to the Senate amendment, it wa: ~W:·eed to. The SPE "R. The que tion is, will the House agree to the 

thirteenth amendment of the Senate as thus amended f 

Mr. FORT. I desire to submit an amendment to appropriate 

25,000 for folding the Agricultural Report. I undeTstand 1t was ruled out just now on a point of order. Would it be in order to move to su pend the rules n.nd make that appropriation T 

The SPEAKER. The Chair will submit that motion when this 

amendment is disposed of. 

The question being taken on concurring in the Senate amendment, 

with the amendment adopted by the House, it was decided in the 

affirmative, ayes 83, noes not counted. 

So the amendment of the Senate, as amended, was concurred in. 

Mr. FORT. I move that the rules be suspended, and that the following amendment be adopted: 

To pay to the Door-keeper, for the folding of the Agricultural Report, $25,000, or so much thereof aa may be necessary. 

Mr. WILLARD, of Vermont. Let it be provided that none of the 

money shall be expended for any other purpo e. Mr. SPEER. These reports are printed, and ought to be folded. :Mr. PARKER, of :Missouri. Would it be in mder to move an amend-. ment to the pending amendment Y 

The SPEAKER. It would not; the motion being for a suspen ion 

of the rules. 

Mr. PARKER, of Missouri. I ask the gentleman to accept the words 

"and other documents." 

Mr. FORT. I am urged by the gentlemen around me not to do that. 

The question being taken on suspending the rules and agreeing to 

the amendment, there were ayes 121, noes not counted. So (two-thirds having voted in the affirmative) the rules were sus· ponded and the amendment was agreed to. 

The fifteenth amendment of' the Senate was read, as follows : 

Add on line 'J90, page 13, the following: · And the Congressional Printer is directed to bid for the same a.t the estimated cost of performing the work. 

The Committee on Appropriations recommended non-concurrence. J\lr. PLATT, of Virginia. I should like to know why the Committee on Appropriations recommend non-concurrence i.v. this amendment; it seems to me to be a perfectly f-air and proper one. Mr. GARFIELD. The reason is this: We were compelled to choo e between appropriating a large sum of money to publish our official 

Post-Office Directory or to authorize the Postmaster-Gener::tl. to make 

arrangements with some publishers to give them the work of publishing this directory quarterly on condition that the Government 

should take a certain number of copies. He has bad offers from a number of publishing houses in the country and they say that for 

$20,000 a year, with a contract for five years, they can furnish it 

quarterly. .The theory is that there will be a. sufficient number of 

persons intere ted in this work to desire copies of it who will become 

subscribers, and thus there will be a saving to the Government. 

ENROLLED BILLS SIGNED. 

Mr. PENDLETON, from the Committee on Enrolled Bills, reported 

that the committee had exa~ed and found truly enrolled bills of 

the follo"'"ing titles; when the Speaker signed the same : An aet (S. No. 782) su.pplementary to the act entitled "An act to 

incorporate the Texa.q Pacific Railro!td Company and to aid in the 

construction of its road, and for other purposes ;" · An act (H. R. No. 899) to constitute Montgomery, in the Shate of 

Alabama, a port of delivery; 

An act (H. R. No. 2'246) relating to circuit co~ of the United 

States for the districts of Alabama ; and 

An act (H. R. No. 3772) for the relief of John. D. Young, of Ken- tucky. 

1\lr. DARRA.LL, from the same committee; reported that the com- mittee had examined and found truly enrolled a bill of the follow· 

ing title; when the Speaker signed the same : A.n act (S. No. 828) for the relief of A.lexander Henderson. 

MISCELLANEOUS APPROPRIATION BILL. 

The House resumed the consideration of the amendments of the Sen· 

ate to the sundry civil appropriation bill. 

The seventeenth amendment of the Senate was read, as follow 

To enable the Joint Committee on the Library to purchase such works of art for 

ornamenting the Capitol a.s may be ordered and approved, 15,000. 

The Committee on Appropriations recommended non-concurrence. 1\lr. GARFIELD. I will say in reference to that amendment thn.t 

while we ought unquestionably to allow them some appropriation for 

this purpose, the amount named is too_large. 

The amendment was non-concurred m . The twenty-second amendment of the Senate was read, as follows: 

That of the unexpended balance of the appropriation made for the office of the 

Treaaurer of the United States for the fiscal year ending with J~o 30,1874, ~0,000, 

or so much thereof as may be required, for the payment of sa.lanes of clerks, mes- sengers, and laborers to do the nece ~ywo~k of that office, maybe.used for tht:l 

purpose aforesaid in the fiscal year ending w1th June 30 1~~5: P·rovided, T~at no part of this amount shall be expended for payment of additional compensation to clerks or employes. 

Th~ Committee on Appropriations recommended concurrence in the 

amendments with amendments as follows : 

Insert in ~ine 374, page 16, before the word" clerks," the words "such additional 

te~~~~~ word "laborers " in the same line, strike out the words "to do t.he nece'lsary " and insert in lieu thereof the words "as the Secretary of the Treasury may 

find nece sary for the." 
-

1874. CONGRESSIONAL RECORD. 538 1 

Mr. GARFIELD. The clause will then read as follows: two periods I have mentioned, next December and eight years from 

That of the unexpended balance of the appropriation made for the office of tho that time, then over one hundred years will elapse before anothor 

Treasurorof tho United States for the fiscal yeartmdingwith Jun~ 13,1874, $20,00~, opportunity will be .presented. There needs to be appropriated this or so much thereof as may be required, for the payment of salanes of such addi- additional $25,000 to complete all the arrangements which have been 

tional temporary clerks, messengers, and laborers as the Secretary of the Treasury made to enable om· Government to J. oin in this work and lead in these 

may find necesSary for the work of that office, may be u. eel for the purpo e afore- saiu, in tho fiscal year ending with June 13, 1875: Provided, That no part of this observations, and to gain to itself the honor and the distinction and 

nmount shall be expended for payment of addiLional compensation to clerks or em- the profit of correcting the nautical charts of all the seas of the world. 

ployes. _ · I wonder the Committee on Appropriations have recommended that 

That leaves it to the Secretary of the Treasury to judge of the neces- this amendment be non-concurred in. I doubt if thev would have - sity of employin~ additional laborers, and does not make the action done so had they understood the importance of it to the entire com- of the Treasurer mdependent of the Secretary. merce and navigation interests of the world. 

Mr. SPEER. Ought not the proviso· to be stricken out T The amendment of the Senate was concurred in. 

Mr. GARFIELD. No; we do not want to give additional compen- The twenty-eighth amendment was read, as follows: 

sation to anybody. · Insert as a new para!!raph tho following: Mr. SPEER. Is not this additional compensation T For the District of Columbia, the sum of $1,300,000, to be expended by the com- Mr. GARFIELD. It is not., it is for additional clerks which are missioners of said District, and applied as follows: First to the payment of inter- est on tho funded debt of said District, due July 1, 11374; secondly, to the payment made necessary by the currency bill that passed the other day, which of officers, employes, and laborers of the District, whether of the District proper or requires 5 per cent. of the circulation of tho na.tional banks to be de- of the Board of Public Works; and the remainder to the current nses of sa,i(l 

posited here to redeem mutilated notes, and which requires the Treas- District; aJ.l the above sums, exce£t so much thereof as may be paid for interest as 

ury 

to assort and redeem them. aforesaid, to be considered and a justed hereafter as a. part of tho proper propor- tional sum to be paid by the United States toward the expenses of the government 

:Mr. SPEER. Does not the :first part of the paragraph provide for of the District of Columbi..-'l. -

additional services Y The Committee on Appropriations recommended concurrence in 

Mr. GARFIELD. For additional se1-vices, but not for additional the Senato amendment, with an amenclment inserting after the words 

compensation to anybody. "current expenses of said District" the following: . Mr. SPEER . What law controls the Secretary in regard to t-he The money herein appropriated shall be drawn from the Treasury from time to additional clerks f time, aa the same may be needed, and only upon detailed statements of amounts to Mr. GARFIELD. He can take them only under existing law. be paid, and the persons to whom or on what accotmt payable, 'to which statcmenta 

Mr. KELLOGG. I want to ask the chairman of the Committee on shall be appended the certificate of such commissioners that they have carefully 

A · t' if hi dm twill t 't t t.h turn· t examined such accounts, and that they believe them to be just, and due .to the re- ppropna Ions s amen en no ' necessl a e e Ing ou spective claimants thereof. Copies of said statements, together with the report of 

of such regular clerks as are not provided for in the other bill! all receipts and disbursements of said District government, shall bo transmitted to Mr. G.A.R..InELD. I hope so. the President, to be by him transmitted to Congress at the beginning of the next 

Mr. KELLOGG. We cut do--:vn the fourth-class clerks in theTreas- session. 

ury·from twenty-ei~ht to seventeen; we cut down the force 40 per Mr. SPEER. I wish to inquire :first what amount is required topay 

cent., more than I tnought wa.a right. By the new currency bill we the interest on the funded debt of this District; and secondly, what 

impose additional duties. I do not like the amendment of the gentle- amount is due to employes and laborers of the District; so that we ma.n fr-om Ohio, [Mr. GARFIELD,] because it necessitates the turning may know how much of this '1,300,000 will go to current expenses of 

out of good men who are experts and putting in other men. the District f 

Mr. GARFIELD. The Secretary can employ the same men if he :Mr. GARFIELD. In regard to this amendment, the Committee on wants. Appropriations called on tho gentleman from Indiana, [:Mr. WILSON,] 

:Mr. KELLOGG. If that is the fact I care little about it. chairman on the part of the Rouse of the joint committee appointed 

The amendment, as amended, was concurred in. to investigate affairs in the District of Columbia. In a long conferThe twenty-fourth amendment of the Senate was read, as follows : ence which we had with him he informed us that this action met 

To enable the Secretary of the Treasury to pay the proprietors of the New York with the unanimous approval of ~hat CO!-fiiDit_tee in both branche~. Tribune, for advertising in said journal, the sum of S839.10, or so much thereof as He told us that they had made this classi:ficatwn after a full exami- may be necessary, to be paid upon the audit of the proper accounting officers of nation of the whole case; that under :the :firs1l head, for the payment 

the Treasury. of interest, some four or five hundred thousand dollars-he could not 

The Committee on Appropriations recommended non-concurrence. tell exa-ctly the amount-would be required. As to the econd head, 

Mr. RANDALL. That depends upon whether the money is due or I J do not know nor did he know precisely what would be the amount 

not. of expenditure; but the object is to pay that class of employes to 

l\Ir. GARFIELD. Since the action of the committee! have received whom payment is due for services directly to the District govern- a letter from the Secretary of the Trea~ury saying that the money ment; in other words, all workmen who have worked directly for the was due. · government, not those who have been employed through the medium 

Mr. RANDALL. Then the amendment should be concurred in. of contractors. The only question was whether we should go a step 

Mr. SPEER. Why ha-s it not been paid, if duet further and include the latter cl~s. It wa-s represented to WI that 

Mr. GARFIELD. The appropriation ran out. there were some laborers or workingmen who had served contracThe amendment of the Senate wa-s concurred in. tors who had had contracts with the District, and the desire was exThe twenty-sixth amendment of the Senate was read, as follows: pressed that we should see that they were paid. The cotnm.ittee were, .however, of opinion that Congress could not go to that extent. If a contractor with the Government, or with ny officer of the .Govern- ment, or with any officer of the District has received his pay from 

the Government or from the District, we could not go behind that . settlement and appropriate money to pay the p~rsons whom he employed. 

To enable the Secretary of the Navy to complete the observations of the transit 

of Venus, in December, 1874, and to return the parties of ob ervation to the United 

States, $25,000, to be expended as provi.ded by the act making appropriations for 

sundry civil expenses for the fiscal year ending June 30, 1874, approved March 3, 

ld73. . 

The Committee on Appropriations recommended non-concurrence. l\f.r. CONGER. I hope this amendment will be concurred in. Congress lust year appropriated an amount of money to enable the United 

States to join with other countries in pla-cing observers at different 

stations in different parts of the world to observe the transit of Venus. Preparations have been made and the parties have all been selected 

and the instrument purcha ed. There is a deficiency in the appropriation of 25,000, necessary to complete and carry out the work as planned ·and provided for by Congress and by the commission in 

charge. • The House may not be aware of the importance of this subject to our commerceandnavjgation, and to all the nautical interests of the world. 

All our almanacs, charts, and calculations for navigation are based 

upon the accura-cy with which calculations are made in regard to the 

size of the earth and the determinations of latitude and longitude. In 

those charts which we now have are errors which have proved fatal 

to some of our vessels during past years, errors of ten or fifteen miles 

in some of the calculations and observations. The opportunities of 

observing the transit of Venus occur but twice within a period of about ono hundred and twenty-five years. Two of these transits occur within eight years of each other, one in I)ecem ber next and one eight years 

afterward. The ne:x:t opportunity after that will be in the year 2004. 

'fhe whole commercial world is interested in obtaining careful and 

accurate o h ervation of this transit at both of these periods, by means of which important errors may be corrected anu our nauticai charts 

improved and rendered moceva.luable to the entire commercial worla. 

Om; Government has joined with aU thE5 other civilized nations in 

making ::?rcpara.tious for this observat ion. If it is not made at the 

Mr. MAYNARD. Could we not provide where contractors have not 

been paid in full that before they shall be paid the balance due to them 

it shall be ascertained that their workmen have been paid Y 

l\Ir. GARFIELD. Possibly we might do that. ?Yir. 1\f.A.YN.A.RD. Would it not be just! 

Mr. GARFIELD. It would very greatly complicate the accounts 

and disbursements to make an arrangement like that. The gentleman from Pennsylvania [Mr. RANDALL] handed me this 

morning an amendment on this snbject which he propo eel to offer. UnfOl'tuuately I have :Qlislaid it; and I ask that he may be permitted 

to offer that amendment. 

I wish to say that the whole arran~ement for the disbursement of 

whatever money il:l here appropriated is made definitely and specifically under the bill passed by both Houses on the recommendation of 

the Joint Investigating Commi~tee upon District Affairs. I thlnk 

that we had better uot go into any special legislation about that matter. We have had a mo t careful report from the special committee on this subject, and I think it best that we should follow their recom- mendations. The Committee on Appropriations have, however, added 

to the amendment of the Senate what they think a very important 

protective clause, providing that this money shall not be paid over 

in a lump to the commissioners, but shall be paid on vouchers as pre- sented to the proper accounting officers of the Treasury, and that the 

commis ioners shall make full and uetaileu report& to Congress, at the be~ning of the next se sion, of every payment they make under 

this appropriation and all otbere:::s::penditmes generally for the District. l\Ir. 1\IAYN.ARD. Will tho gentleman tell us whcth r in the appro 

I 
-

5382 CONGRESSIONAL RECOR.D. 

priations that have been made any money has been placed to the 

credit of thee commissioners which they can handle themselves; or is the fund to be drawn upon by them on propttr vouchers, leaving 

the money to be handled by somebody else Y 

Mr. GARFIELD. They can draw the money only on vouchers com- in~ under these three heads, the third being for current expenses. 1.\fr. KASSON. On that very point I wish to inquire of the chair- man of the committee whether he has accomplishecl the purpose of 

baving payments made directly from the Treasury? I think not. I 

think this money is left to be drawn upon by the commissioners upon 

detailed statements. I do not believe, and I think the chairman of 

the committee does not believe, in the propriety or necessity of such an a,rrangement when the Treasury is right here a,t the capital. I 

would therefore suggest an amendment to insert the words "shall be 

pnid only to the parties to· whom the payments are dne." 

Mr. GARFIELD. I do not yield for that amendment; and I will 

state why. Under the third head, the cunent expenses, it would be 

utterly impossible for any body of commissioners to wait as to every 

small item of necessary current expenses until vouchers had been 

made up before they could pay the money. That would not do. 

I am very sorry the gentleman from Indiana [Mr. WILSO~] is not 

here. At our. request the chairman of the Committee to Investigat-e 

the Affairs of the Distric~ of Columbia on the part of the House, the 

gentleman from Indiana, [Mr. WILSON,] drew the amendment very 

carefully, and in his judgment it will cover the case fully. We adopted it on his recommendation. - Mr. KASSON. . In the bill reorganizing the government of the District of Columbia there is no clause which puts anybody under bonds as disbursing officer. 

Mr. GARFIELD. These three commissioners are under bonds each 

to the amount of $50,000. 

Mr. KASSON. But this is a large appropriation. 

Mr. GARFIELD. And 50,000 is an unusually large amount of 

bond. 

Mr. KASSON. Not for disbursing officers. 

Mr. SPEER. I wish to know whether this refers to this class of 

indebtedness. It is known that a large number of contractors paid 

to their laborers these certificates of indebtedness. They were taken 

at from thirty to twenty cents below par. They may be held by laborers or by men calling themselves laboreors, or they may be put by 

those who bon~ht them at sixty or seventy cents in the hands of 

laborers. Is this to pay that cla-ss of indebtedness T A large body 

of these certificates of indebtedness was issued to contractors for work 

done in the city. . Mr. GARFIELD. That all depends upon the character of the law 

which we passed the other day for the reorganization of the District 

of Cohun bia. 

Mr. SPEER. If it does they should only be paid what they gave 

for those certificates. 

Mr. GARFIELD. Tlie act we passed the other day required the 

intei'est to be paid shall be refunded out of th~ taxes from the District 

of Columbia hereafter. This is not a final expenditure out of the 

Treasury; it is only an advance. It is to be accounted for hereafter 

in any ~jnstment Congress may make next year as to the relative 

proportion. Mr. WILSON, of Indiana. This seems to be an unhappy way of 

~xpre~~y,it Mr. E, of Maine. This is an exception in favor of the Government. This interest is a cash fund. 

Mr. GARFIELD. I demand the previous question. 

Mr. COBURN. Does this mean contractors or persons directly in 

the employ of the District authorities T • Mr. GARFIELD. The latter is understood. 

Mr. COBURN. This is not intended to pay contractors at all T 

Mr. GARFIELD. I suppose they can pay contractors where they 

have done their work and their work ha-s been accepted. That comes in under the ~eneral law where it provides for funding this debt. 

Mr. KASSuN. If the gentleman will allow me I will move to 

add that "all sums due to any party exceedin~ fifty dollars shall be 

paid only by checks on the Treasury issued directly to tho party to 

whom the same is due." That leaves the smaller sums to be paicl in 

money. 

Mr. GARFIELD. That puts a large and onerous duty on these 

three men. Mr. SPEER. Docs it allow a majority or require the whole of 

them! 

1\Ir. GARFIELD. I do not know what the general law is. 

Mr. :MERRIAM. The checks will be vouchers. 

Mr. GARFIE.LD. Of course. 

Mr. SPEER. What general law do you refer to ' 

Mr. GARFIELD. The law passed the other day creating this com- mission and stating wbat their duty is. 

Mr. SPEER. That does not define the duty imposed by this bill 

upon them. - Mr. GARFIELD. Yes, it does. It tells how they shall disburse and 

how account for any money coming into then· po session by Congress or from the Di trict. 

Mr. SPEER. Has it become a law' 

Mr. GARFIELD. I believe it was signed yesterday. I a k we adopt ~his amendment with the understanding that the gentleman from 

Pennsylvania [Mr. RAl\'DALL] shall have the ri~ht to offer his amendment hereafter. He gave it to me but I mislru.d it. On that condition I demand the previous question. 

Mr. CANNON, of Illinos. Is it in order to move to strike out this 

whole section f 

The SPEAKER. That will be in order if the previous question is 

not seconded. _ Mr. COBURN. Before the previous question is seconded I a-sk the 

amendment be again reported. 

1rfr. CANNON, of Illinois. I wish to make a motion to strike ont. 

Mr. SP:I!:ER. Is the amendment of the gentleman from Iowa pending' 

Mr. KASSON. I ask the gentleman from Ohio to have a voto on the proposition that a hundred dollars shall be paid directly on checks on t.he Trea-sury. · ?th·. GARFIELD. I am willing to vote on that. 

Mr. KASSON. I think it ought to be done . . We have lost money 

ah·eady through Jay Cooke & Co. for want of such a provision as this. 

I send my amendment to the desk. 

The Clerk read as follows : 

Add to the amendment proposed by the Committee on Appropriations these 

words: 

And all sums due to amy party exceeding 100 shall be paid only by check on the 

Treasury issued directly to the party to whom the same is due. 

The previous question was seconded and the main question ordered. 

The question being taken on Mr. KASSON's amendment to the 

amendment of the committee, it was agreed to. 

The amendment proposed by the Committee on Appropriations, a-s amended, was agreed to. 

The question was next on agreeing to the twenty-eighth amendment of the Senate with the amendment adopted by the House. 

Mr. CANNON, of Tilinois. I move to strike that out. 

The SPEAKER. That is what is now to be submitted to the House 

in another form. The amendment is struck out if the House does 

not concur in it. 

Mr. CANNON, of Illinois. Mr. Speaker, I am opposed to concurring 

in the Senate amendment for the following reasons: I do not believe 

it is good policy or good legislation to appropriat.e money for the District of Columbia, until we know to a certainty the proportional shru.·e 

the United States ought to pay on accop.nt of: Government property 

in the District. \Vhy, sir, the Joint Select Committee to Inquire into 

the Affairs of the District of Columbia reported a few day ago and 

recommended legislation by which the United Stat.es should guarantee over $8,000,000 of bonds to be exchanged for that amount of 

the non-funded indebtedne s of the District. At the same time the 

committee tell us that such indebtedness was contracteit by the · District ring without authority of law and in the teet.h of the act 

of Congress organizing the District government and that the same is void. Congress saw proper to pa-ss the bilL At the same time tho 

committee tell ns this supposed indebtedness grew out of the rankest 

kind of jobbing and fraud, and instance one case where a contract was awarded for paving, to the amount of 00,000, for the alleged 

procurement of which the contractors paid 97,000. And thi is the 

kind of indebtedness, at least in part, in exchange for which the 

holders are to receive bonds guaranteed by the Government! 

But we are told that marly innocent persons who have done work are the holders in part of this indebtedness. A sufficient reply to this 

is that all persons are chargeable with a knowledge of the law, and 

the rule everywhere is that if men become the creditors of a municipal corporation, the corporation having no power to contract the 

indebtedne s, they h3.ve no remedy. But I am credibly informed 

that a large portion of this indebtedness has been bought up by 

speculators at forty and :fifty cents to the dollar. They having full knowled~e of the law in the premises and goin~ into the speculation 

with therr eyes open, with the intention of gettmg this or some other 

legislation-and no doubt some of them being the very persons who are responsible for the frauds committed in the teeth of the law-if 

I had my way they should never realize one cent from the venture. 

However, if there is no way to distinguish between these men who 

went in upon the ground floor and helped to rear this structlU'e in 

the teeth of the law, having "fraud" written upon their forehea<ls so that "be who runs may rea-U," I would at most only pay them ' hat 

theworkisreasonablyworth,andinmyopinioniftheyreceiveanything 

a commission should have been appointed to inquire what the work was reasonably worth, and only that amount paid. For that rca ou I voted against the bill offered by the joint committee a few da,ys 

ago. On top of that legi lation we are asked to appropriate 1,300,000 

more, a large portion of which is to go into the pockets of this ring of 

speculators in payment of interest on bonds and otherwise. I will 

not vote for it; I will not vote one dollar of appropriation for tho 

District until the rights of: the Government anu of the property-holders in the District are settled, and when that is done I am willing the 

United States should vay according to the property owned by the 

Government in the District and not one cent more. And then the owners of personal 3.8 well as real estate in tho District should pay 

taxes. It looks to me like this fraudulent indeutednes by this legislation is in effect about to be fastened upon tho United States and upon the District ; anu I hopo that in onr anxiety to adjourn we shall not 

hastily pass this bill. We had better stay here inuefinitely than to do 

so, and I give notice now that I shall call for a vote upon conclll'riug 
1874. CONGRESSIONAL RECORD. 5383 

in this amendment, and appeal to members to give us a vote by the 

yeas and nays so a record can be made on the same. _ Mr. GARFIELD. _I rise to reply and yield my time to the chairman 

of the investigating committee. 

Mr. FORT. Before the gentleman from Indiana proceeds, as I do not have the privilege of the floor, I desire merely to say that I indorse everythin$ which my colleague [ Ir. CANNON] has said. 

J\Ir. GARFIELD. .Ai3 we have had one volunteer speech after the 

previous question wa-s seconded, I think it is only fair that there should 

be a response. I have therefore yielded to the gentleman from Indiana for that purpose. J\Ir. WILSON, of Indiana. I only came upon the floor as the gentleman from Illinois [Mr. CANNON] was concluding his remarks; 

and not having heard his arguments against this particular section 

of the bill, as a matter of course it is impossible that I should be able 

to reply to them. I desire, however, to say in a word or two why I 

think and why the committee that have had this matter of the investigation into the affairs of the Di trict thought that an appropriation 

of this kind should be made. If gentlemen have the report of the 

committee before them, they will ·find on pago 27 a paragraph following a review of the financial situation of this District from which 

I will read a single sentence. And, by the way, I may remark here that there was a good deal of complaint made upon the floor the 

other day, when the other bill was beforo the House fori ts consideration, as to the rate of taxation that had been recommended to be 

imposed on the District for the current year. The committee make 

this remark in their report: 

Thus, making the fullest allowance for taxes to be paid by July 1, there will 

be a. deficiency at that time of $1,000,000 at least. 

It will be more than that-it will be more than $1,000,000. Now 

takin$' into consideration the :financial condition of this District, the 

comm1ttee came to the conclusion that the best thing that could be 

done and the thing that we ought to do would be to place this DiRtrict on a cash basis once more, if possible; and in order to do that we proposed to levy upon the property, the real estate, of this District for the ensuing year, 3 per cent. on property in the city of Wa,ghington, 2t per cent. in Georgetown, and 2 per cent. in the county outside of these two cities. But after doing all ,that we found there 

would be still more than 1,000,000 of deficiency, and therefore we recommend that this amount should be appropriated. 

Now, in this connection I desire to ~ay that aJthough it wa-s done 

without warrant of law, yet since the last appropriation was made in 

March, 1873, there has been work done which in all probability will 

cost over $500,000 by the board of public works around the public 

property in this city. It would not be right, sir, to make the people 

of the District pay that money. It is for work absolutely done around 

the property of the Government, and the people of this District are not responsible for what the board of public works has done. My 

friend from Illinois [Mr. CANNON] cannot say words in denunciation 

of the men who have been managing the affairs of this District that 

I will not indorse. He cannot :find language too strong for that denunciation in my judgment, bnt the people of this District are not re ponsible for this action that has been taken by the board of public 

works. I admit, as I have said, that it has been clone in defiance of 

law, but the work has been done around the property of the Govern- ment, and therefore if anybody is to pay for it the Government ought 

to do it. I say this much in justice to the people of the District. 

Mr. COBB, of Kansas. I would ask the gentleman why the Select 

Committee to Inquire into the Affairs of the District did not in reporting their bill include this appropriation of $1,300,000, so as to give 

Congre s an opportunity to vote upon the question disconnected with 

other appropriations 'i' 

Mr. WIT..SON, of Indiana. I will explain t.o the gentleman why 

that was. The select committee had this matter under consideration 

and they did not. put the appropriation in their bill because they 

thou$ht it would come more properly from the Committee on Appro- priations. Mr. SMITH, of Ohio. Did not the last Congress vot-e over 3,000,000 

to pay for this work in the District 

Mr. WIT..SON, of Iniliana. No, sir; the gentleman is under a misapprehension in regard to that. On the Bth of January, 1873, Congress made an appropriation of one million two hundred and forty- odd thousand dollars for a specific purpose, to pay for work that had 

been done arotmd the public grounds. Mr. ALBRIGHT. A large part of this appropriation is to go to 

laborers who have done work for the board of public works and are now in indigent circumstances. 

Mr. KELLOGG. I desire to ask the gentleman from Indiana if the 

board of public works has not employed and agreed to pay wages to 

laborers under an act of Congress, and if those wages do not remain 

unpaid to this da.y f 

Mr. WILSON, of Indiana. I shaJl come to that point in a moment 

if gentlemen will allow me to proceed. · Mr. KELLOGG. Is it not our duty to pay these men under these circumsta.nces J 

Mr. WILSON, of Indiana. I will answer that question a I proceed. 

I will say in answer to tho ~entl mau from Ohio [Ml'. SMITH] that 

there was auothor appropriatiOn ma<I.e of 913,000, and that wu to vn.y for work that had be n done hy th old corporation of Washing- ton, aull there were other appropriations -of like character made. If 

any gentleman will take tp.e trouble to look into the matter he will see that the Congress of the United States mo t obviously was intending by these appropriations to clear up old scores and pay for work 

that had been done anterior to the time of the foundation of the 

present government of the District, and then they put into each appropriation bill a provision that no further indebtedness should be 

incurred for public works in this District for which Congre s should 

be liable. I say therefore that the board of public works violated the 

law, because in the face of that provision they did 570,000 worth 

of work about the Government property. Gentlemen will remember 

that the bill which passed the House the other day contemplated 

that we should ascertain hereafter what is the proper proportion that 

this Government should pay of the current expenses of the District of 

Columbia. The select committee contemplated that and put a. pro- vision in the bill looking to that, leaving it to Congress hereafter to 

determine what the proper proportion would be. It is properly pro- vided by the Committee on Appropriations in the provision now under consideration that of this . 1,300,000 now appropriated a cer- tain amount shaJl go to pay the int,erest on tho public debt of the 

District of Columbm. It is necessary to do that for this reason: there are nearly $4,000,000 of the bonds of this District which have 

been sold and are owned abroad and the interest on them falls due on the 1st of July. Tho government of the District, under the mismanagement to which it ha-s been subjected for the last few year , is today almost without a dollar in its treasury. It has no money, and it is 

simply a question whether or not this District, the capital of the nation, 

shall bo discredited by the non-payment of the interest upon its debt. 

[Here the hammer felL] . Mr. SPEER. I want to a,gk if any of these laborers have been em- ployed by the Government of the United States, and, if any, whether . the amount due them is not for services rendered to the District gov- ernment in express violation of law 7 

J\Ir. WILSON, of Indiana. It is proposed out of this appropriation 

to meet this interest. It is aJso providecl in the other bill that that· 

interest shall be refunded to the nited States out of the revenues to 

be collected from taxes which we impose by that act. We have made 

ample provision between the two bills to meet the whole question . . The ~terest is to be paid ba{}k to the United States. In the next place it provides for the payment of officers, employes, 

and laborers of the District, whether of the district proper or of the 

board of public works. They are all employe . There are men here 

who have been working upon the streets in the employment of the 

District government and clerks who have been working for the bo1>rd 

of public works. Those clerks and the employes of the District government, either of the District proper or of the board of public works, 

have been without their money, some of them for more than eight 

months, a.nd some of them for more than a year. I believe there is more suffering in this city than perhaps in any city on this continent 

north of Mason's and Dixon's line, if not in any city in any part of 

the country. These people are absolutely suffering on account of not 

receiving what is due them. I have had old men and old women, and 

young men and young women, white men and black men, come to me with tears in their eyes and implore us to do omething for their relief. 

J\Ir. COBURN. I would ask whether the e laborers the gentleman 

speaks of are the laborers employed by the contractors Y 

Mr. WILSON, of Indiana. Not at aJI. This bill does not provide 

for the payment of the laborers employed by the contractors, but 

only for those employed by the District proper or the board of pub lie 

works. We provide that after this interest has been refundecl, then 

the balance of the appropriation shall hereafter be adjusted in fixing 

the proportional share that the United States is hereafter to pay. 

This whole amount, involving all this appropriation, will be settled· and adjusted, and the United States will get credit for it in the future when this matter is settled. . Mr. GARFIELD. An amendment was received in behaJf of the 

gentleman from Pennsylvania, [J\Ir. RANDALL,] and I now offer it. The Clerk read as :follows. · 

Add to the amendment of the Senate the following : .An d provided fu.,ther, That the sum of 75,000 of said sum hereby appropriated shall be useu for the payment of tho workingmen employed on public impro>C· monts on the streets anti excavations of 'tVasbington tmder the board of public works of the District of Columbia or the contractors of t he same ; and the com- missioners are hereby authorized and order ed to retain from the several contract- ors who aro indebted to the worki.J;lw:nen, and whose accounts hav e not been set- tled by the board of public works, me several sums due the workingmen. 

Mr. GARFIELD. That is, that where the contractors have not 

been paid there shall be reserved this much until the workingmen 

themselves are paid. Mr. WILLARD, of Vermont. If this work ha-s been let out by con- tract and the District of Columbia is liable to the contractors, how can we pay the contractors and the workingmen both Y 

Mr. GARFIELD. We do not; this is to be reserved from the amount- due the contractors. . The amendment to the amendment was agreed to. Mr. 1\IERRIAM:. I ask the chairman to allow me to have an amend-· 

mentrea~. 

The SPEAKER. That would require unanimous consent. 

Mr. BARRY. I object. 

The question was upon agreeing to the amendment of the Senate a :wwncl a· and l>eiug t ak en, npon a divi ion t here were-ayes 105, noes 21; no quorum voting. 

/ 
5384 CONGRESSIONAL RECORD. JUNE 22 ' 

Mr. CANNON, of lllinois. I call for a further count. 

Tellers were ordered; and Mr. BURCHARD and Mr. GARFIELD were appointed. Mr. BURCHARD. In order to save time I call for the yeas and nays. 

Tellers were ordered on the yeas and nays; and Mr. BURCHARD and 

Mr. GARFIELD were appointed. 

The House divided; and the tellers reported that there were-ayes 

33, noes 145. 

So (one-fifth not voting in the affirmative) the yeas and nays wore not ordered. 

The House then divided upon agreeing to the amemlment of the 

Senate as amended; and the tellers reported that there were-ayes 

119, noes 38. 

So the amendment, as amended, was agreed to. 

RIVER AND HARBOR APPROPRIATION BILL. 

1\ir. SAWYER. I am instructed by the Committee on Commerce 

to move that the rules be suspended and the amendments of the Senate to the bill (H. R. No. 3108) making appropriations for the repair, 

preservation, and completion of certam public works on rivers and 

harbors, and for other purposes, be non-concurred ju, and that a con- ference be requested upon the disagreeing votes of the two Houses 

thereon.· The motion to suspend the rules was seconded; and (two-thirds 

voting in favor thereof) the rules were suspended and the order made. 

The SPEAKER sub.sequently announced the appointment of Mr. SAWYER, Mr. McCRARY, and Mr. WELLs as the conferees on the part 

9f the House. SUNDRY CIVIL APPROPRIATION BILL. 

The House resumed the consideration of the amendments of the 

Senate to the sundry civil appropriation bill, and the fortiet.h amendment of the Senate was read, a-s follows: 

For the neces ary expenses of the land-office at the Dalles, Oregon: For salaries 

and commissions Of the register and the receiver for the fiscal year ending June 

30, 1875, $6,000; and for incidental expenses of said officers, $1,000. 

The Committee on Appropriations recommended non-concurrence. Mr. NESMITH. I hope this amendment will be concurred in. It 

is very important that this land office should be established ·in that 

remote part of the country. There is an intervening ran~e of impassa- ble mountains, and for a great portion of the year it is rmpossible to 

reach the present land office by way of the river. I trust that Congress will give the people of that remote frontier this land office. 

The amendment of the Senate was not concurred in. 

The fifty-seventh amendment was read, as follows: 

Insert as a new paragraph the followina: 

For the Little Sisters of the Poor of Washington City, to liquidate a. debt on the 

building and to complete said building, $25,000. 

The Committee on Appropriations recommended non-concurrence. Mr. E. R. HOAR. :Mr. Speaker, I hope that the House will concur in this amendment. The only objection made to this proposition the 

other day, when the House acted upon it, arose from an idea that this 

property would be under the control of some church authorities. I 

have carefully inquired into the matter, and I find that no such thing 

is true. This is an incorporated society of the District of Columbia, 

under no ecclesia.stical authority whatever, although to be sure it 

consists of Catholic women. The property is held in strict trust, to 

be used sacredly as a home for aged persons. It cannot be diverted 

from that use by any authority. If such diversion should be attempted 

the Attorney-General could prevent it through the intervention of a court of chancery. 

This is a purely charitable institutjon; and it seems to me that as we have abolished the government of the District of Columaia, and 

the charities of this District are now left dependent upon the action 

of Congress, this is a charity equally deserving with others that we h ave recognized. I hope the House will concur in the amendment of 

the Sen te. The managers of this institution exercise in the admin- istration of their charity no discrimination of sex, color, or religious 

belief. The benefits of the institution are extended without any 

such discrimination to all old people of sixty years or more who are destitute and infirm. 

Mr. GARFillLD. I desire in a very few words, not to argue the 

merits of this case but to give the ground on which the Committee on Appropriations made their recommendation. Having stated that 

ground, I shall leave the question to the discretion of tht' Hou e. I agree with everythin~ that the gentleman from Massachusetts 

[Mr. E. R. HoAR] has saia about the worthy charitable work of this 

organization known as the Little Sisters of the Poor. I agree that 

they distribute their charity mthout the slightest regard to denominational belief. The only ground on which I make a distinction 

(and it is a distinction I wish the House to understand) is this: Here 

is an organization composed exclusively of people of one religious 

denomination. Under its charter the members are wholly and only 

of one religious sect, and of one society within that religious sect. I 

take it that no woman in America, not a Catholic, could be one of the 

corporators in this home. At any rate I take it for granted that the 

members would not act in conjunction with any corporation not of 

that sect as a joint controller of the institution. 

Now, I make the point-and the Committee on Appropriations made 

the point-that we ought never to commit ourselves to the aid of an 

exclusively sectarian institution. I would say the same were this 

institution under the control of a Protestant church, even if it wore a church to which I myself belonged. The divorce between the 

church and the state ought to be absolute. It ought to be so ab o- lute that no church property anywhere in any State or in the nation 

should be exempted from equal taxation; for if you exempt the lu·operty of any church organization, to that extent you impose a church 

tax upon the whole community. 

If the House deems this a point that ought not to be considered, I 

shall be very glad to see these Little Sisters of the Poor helped. If 

the fifty-sixth amendment, makin~ an appropriation for the work 

for t.he \Vomen's ChristianAssociat1on were in favor of any on~ ect, I should vote very quickly to strike it out. Mr. BUTLER, of Massachusetts. Will you allow me just one inquiJ:yf 

1111:. GARFIELD. I will. 

lli. BUTLER, of Massachusetts. Do you know of, or do you believe there is or can be, a single Catholic in the Women's Christian 

Association of this District f 

:Mr. GARFIELD. I know of no reason in the world why any 

woman, Catholic or otherwise, cannot be iJ1 that association if she 

desires to be. Furthermore, that is a corporation whose corporators are not of any one religious sect. Mr. BUTLER, of Ma sachusetts. Is there a single Catholic among 

the corporators 7 

1\h. GARFIELD. I do not know that there is; but there is nothing excludino- any Catholic woman. Mr. BUTLER, of Massachusetts. Is there any more restriction in 

the one corporation than in the other Y 

1\Ir. GARFIELD. Very much more. Mr. BUTLER, of Ma-ssachusetts. How f 

Mr. GARFIELD. The association known as the Women's Chri tian Association does not as such belong to any church. The members of 

that corporation are from various churches, But here is an associa-· tion whose very title, "Little Sisters of the Poor," is, as I understand, 

descriptive of an order within the Catholic Church. 

Now, I admit that at the lust ses ion Congress made a grant of 

$25,000 (the appropriation being passed in this House over the head 

of the Committee on Appropriations) to a similar organization of the 

Episcopal Church. In that respect we did just what we are now asked 

to do. But I think Congress was wrong in mahlng that appropriation. It so happened that the money then appropriated was lo t in 

the failure of Jay Cooke & Co.'s banking-house, and never reached 

the object intended. lli. BUTLER, of Massachusetts. I will guarantee that if you make 

the appropriation here proposed, neither Jay Cooke nor anybody else 

than the needy people sought to be benefited will ever get the money. 

Mr. CESSNA. I wish to ask the gentleman from Ohio whether 

Protestants as well as Catholics are not allowed the benefit of the institution for which this appropriation is a ked t 

Mr. GARFIELD. I understand that the beneficiaries of the Little · Sisters of the Poor are taken without regard to any circumstance of 

religious faith ; and in that re pect this is a most commendable charity. 

:Mr. CESSNA. Then I ay they ought to have the money. 

Mr. GARFIELD. I will not further detain t.he House, but will 

yield to my colleague, the gentleman from Missouri, [Mr. PARKER.] 

Mr. PARKER, of 1\iissouri. lli. Speaker, I am sorry to see the 

chairman of the Committee on Appropriations put him elf in opposition to this appropriation. He is too broad and liberal in his views 

to oppose a charity of any kind, no matter by whom that charity is 

performed. 

I am no Catholic, and practically I am not much of a Protestant; 

but, sir, I want to call the attention of this 'House to one fact, and 

especially that of my friend from Ohio, [Mr. GARFIELD,] who gallantly led one of the divisions of our Army during the late war, ancl 

that is when the noble women of these difterent orders were upon tho 

battle-fields of our country, gathering up the wounded and the dying 

and pouring consolation into their souls, moistening their lips with 

cold water, talking to them of home, mother, and friends, cheering 

their dying moments by leading their minds to the mercy of that 

God who was so soon to judge them- when they kneeled befor our brave soldiers upon their dying beds, did the ~entl man or the loyal 

people ever stop to inquire what was the religious faith of the e people Did they stop to inquire whether they were Catholic or Protestant, Jew or Gentilei When the white-bonneted nun were s en carrying c<msolation to the gallant soldiers of the r\.Opublic npou 

every battle-field where our patriots struggled ·for the national oxi tence, they were not asked as to their religion. Now for tho Ameri- can Congress, made up of clistinguished men from all parts of the 

country, wedded to our institutions, devoted to the cau e of liber ty, after what we have done already here to-day, to refuse to give thi 

institution what is asked here, must be done upon grounds which we cannot justify. It is too narrow a view to take of it. Patriots 

and gallent men cannot do this. No citizen of this Republic can undertake to maintain any snch po ition as t hat. 

The title to this property is in these people. This society of th 

"Little Sisters of the Poor'' was orgaruzed in 1840. It was chartered 

in this District on the 15th day of July, 1873. The work of this order 
. 

1874. CONGRESSIONAL RECORD. 5385 

is to care for poor aged men and women. No one can be admitted 

who is not over sixty years of age. There are now fif-ty-three per ons in this institution, -and if they do not care for t.he e aged paupers the 

Di trict of Columbia will have to do it, and it will cost the District 

$t5,000 to do it. It is therefore a saving of expense if wevoteinfasvor 

of this appropriation. 

Do you know, Mr. Speaker, that it is a fact that these "Little Sis- . ters of the Poor" are not permi tte~ under the obligations of their order 

to partake of a single mouthful of food until the mmates of their a ylnm are first fed Do you know they go to the hotels and restaurants 

and wherever they are permitted to go in this city and gather what 

is left of the crumbs which have fallen from the tables for the purpose of feeding these poor aged outcast men and women who are not 

able to take care of themselves I ask the House "to stand by this 

appropriation. I ask the House to give this amount of money to this 

worthy object. 

Mr. BUTLER, of Massachusetts. I desire to add a single word ; I 

will detain the House but a moment. This question came up again in 

another form. I carried to New Orlean six thousand men. I had 

but six. hundred Catholics among them. When tho e men were dying 

in that inclement climate of fever and of malaria from the swamps 

they were taken care of in the hospitals by Siswrs of Charity, and 

the question never was asked, "What is their faith " Tho only 

question a.sked wa, ';Are thee men sickanddyingf" .And when that 

question was answerecl the soldier was taken in and he was treated as well and as carefully as if he had been of their own faith. Now, 

sir, with that knowledge and with the remembrance which my friend 

from Missouri [Mr. PARKER] has called to my attention of how glad our boys nsed to be to see these white bonnets coming upon the battlefields and into the hospitals where they nursed the sick and dying, I 

would cut off my right hand before I would strike down this appro- priation in behalf of any religious prejudices against their religion. My friend from Ohio says nobody but a Catholic can belong to this as ociation. That is true in this sense: nobody will undertake the 

self-denying vows, that entire devotion to charity but those who have 

been driven by stern religious faith; but when they have once taken 

those vows they go forward to their labors to take care of the sick 

and dying without question as to their religious faith. I hope and 

trust we will vote for this appropriation without any division. 

Mr. RANDALL. What is the question Y 

The SPEAKER. Concurring in the Senate amend mont. 

Mr. RANDALL. If we concur that leaves it in. 

The SPEAKER. It does. 

Mr. RANDALL. That is all right. 

Mr. GARFIELD. I desire to say a single sentence in reply. 

Cries of "Vote!" "Vote!" 

Mr. O'BRIEN. I desire to make a single statement. 

Criesof "Vote!" "Vote!" 

};lr. O'BRIEN. I desire tO make a single statement that will be 

contained in oue single sentence ; a.nd that iB that the property belonging to this order and its title are vested in this institution, and that no church or sect has any control or a\lthority over it whatever. That 

is all I desire to ay. . Cries of '

1Vote!" "Vote!" 

The question being taken on concurring in the Senate amendment, 

there were-ayes 102, noes 43. 

Mr. S1tiiTH, of Ohio. I call for the yeas and nays. 

On the question of ordering the yeas and nays there were ayes 21. 

So (the affirmative not being one-fifth of the last vote) the yeas 

and nays were not ordered, and the amendment of the Sena.te wa.s concurred in. 

The sixty-sixth amendment of the Senate was read, as follows: 

For building a light-house at or near ~olomon's Lump, in Kedges Strait, between 

Tangier Sound and Chesapeake Bay, $15,000: Provided, That the light-house at Fog Point be discontinued after the completion of the above. 

Mr. GARFIELD. The committee recommend non-concurrence. Mr. SENER. I move that the amendment be concurred in. 

The question being taken, the amendment was not concurred in. 

The sixty-eighth amendment of the Senate wa.s read, as follows: 

Strike out these words: 

That the jurisdiction of the Light-House Board, created by the act entitled "An act making appropriations for light-houses, light-boats. buoys, &c., and proViding for the erection and establishment of the same, and for other purposes " approved August 31, 1852, is hereby extended over the Mississippi, Ohio, and Missouri Rivers, 

fo1· the establishm nt of such beacon-lights, day-beacons, and buoys as may be 

necessary for the use of vessels navi!w.ting those streams; and for this purpose the 

said board is horeb.y required to ditiae t.he desif;Dated rivers into one or two additionallight-houso dt tricts, to be in all respects similar to the already existing light- house ili.Strict.'>; and is hereby authorized to lease the necessary ground for all such 

lights and beacons a aroused to point out changeable channels, and which in con- sequence cannot b made permanent. 

Mr. GARFIELD. This is a misprint. The Senate did not strike 

that out. I ask that it be pas ed over. Mr. CONGER. If tho g ntleman is sure of that I have no objection. But I have followed the report in the RECORD through, as far as I could, to a certain what the action of the Senate was in regard 

to that matter; and as far as I can learn from the RECORD the Senate did make this amenclment. Mr. G.AR.FIELD. They made it in Committee of the Whole, but 

not in the Senate. 

Mr. CONGER. I read the RECORD llifl'erently. Let us non-concur in the ameuduumt. 

' Mr. GARFIELD. For safety we may enter non-concurrence, but 

the fact I believe is as I have stated it. 

The amendment of the Senate was non-concurred~ 

The seventy-third amendment of the Senate was read, as follows : 

To enable the Light-House Board to continue its experiments in relation to fog- bells, or other signals, for the protection of the commercial marine, $5,000. 

Mr. GARFIELD. The committee recommend non-concurrence . Mr. CONGER. I ask the House to concur in that amendment. 

The Light-House Board are engaged in a series of examinations and 

experiments in regard to fog-bells and other signals, and a small appropriation of 5,000 seems to be necessary to enable them to perfect 

these, and in that way to decide between tho different molles of alarming ves els in a fog and in the night, for the protection of commerce. It is but a very small amount, and may accomplish a very valuable 

purpose. 

Mr. GARFIELD. There iB a large appropriation for general purposes for the Light-House Board, and we think that we should not 

give away any more. The question being taken on concurring in the Senate amendment, 

there were ayes 6, noes not counted. 

So the amendment wa.s not concmTed in. 

The Clerk road the seventy-fourth amendment of the Senate, as follows: 

.:For building a. relief light-ship for general service, in addition to the amount heretofore appropriated, $15,000, or so much thereof as ma.y be neces ary. . 

The Committee on Appropriations recommended concurrence in 

the amendment. 

Mr. CONGER. I hope the House will non-concur in that amendment. I would like the cha.irma.n of the Committee on Appropriations 

to explain to the Hou e why he asks a concurrence in an appropriation of $15,000 for a relief light-ship, when we have an appropriation 

for general expenses of this kind and he would not allow an appro- priation for experiment! ~ 

Mr. GARFIELD. The department cannot build a light-ship out 

of the genera.l fund. They can only do it when we appropriate it es- pecially for a ship of the kind, but they have a right to make experiments out of...Qte general fund. If, however, the gentleman wishes 

that this appropriation shall be stricken out, I have no objection to a non-concurrence in the amendment of the Senate. 

Mr. CONGER. I have no such desire, but I confess that I do not see the flifference between this case and the one which was up a mo- ment ago. 

The amendment of the Senate wa.s concurred in. The Clerk read the seventy-fifth amendment of the Senate, as follows: 

Add to line 1297, on page 53, the following : But nothing herein contained shall be construed to effect the present jurisdiction of the Seconrf Comptroller of the Treasury in this class of ca es: Provided, That 

the Secretary of War is authorized to employ not exceeding thirteen enlisted men for one year in the Ordnance Bureau. 

The Committee on Appropriations recommended concurrence in the 

amendment of the Senate, with a.n amendment as follows : 

Strike ont the word "effect" in line 1299, and insert in lieu thereof the word 

"affect." 

The amendment recommended by the Committee on Appropriations was agreed to. . Mr. STRAWBRIDGE. I move to amend that amendment of the 

Senate by adding thereto the following : · 

In line 1303, after the word ''Bureau" insert the following: .And to retain during the next fiscal year, and no longer, such portion of the force 

of employes now on duty in the Surgeon-General's Office as may be actually neces- sary for the service thereof ; but nothing in this act shall be so construed as to increase the ag,crregate force now employed in said office. 

The SPE.A..KER pro tempore, (Ur. WHEELER in the chair.) That 

amendment is not in order, because in the first place it is not ger- mane to the amendment of the Senate, and in tho next place it is new legislation. · Mr. STRAWBRIDGE. I move that the rules be suspended and 

that the amendment be adopted. Mr. G. F. HOAR. I rise to a question of order on this amendment. The SPEAKER pro ternpore. The Chair ha.s ruled the amendment 

out of order, but the gentleman from Pennsylvania, moves to suspend 

the rules so as to adopt it. 

Mr. G. F. HOA.R. Well, I raise the point of order whether this 

amendment can bo adopted as an amendment to the Senate amendment without a su pension of the joint rules of the two Houses. 

Mr. ALBRIGHT. Why, Mr. Speaker, the same thing was done 

this morning. 

The SPEAKER p-r·o te'm,pore. The Chair holds that the rules may 

be suspemled for that purpose. Of course the amendment will havo 

to go ·to the Senate for consideration. The Chair has already ruled 

that this amendment is not germane to the amendment of the Senate, 

that it does not properly attach,to it; but the gentleman from Penn- sylvania moves to suspend the rules. 

Ur. G. F. HOAR. This is a very important question. The point is 

whether or not when a bill which has passed the House comes back 

from the Senate with a.n amendment all that the Honse can do is 

either to concur or to non-concur wit.h tho Senate amendment, aml 

whether any now matter not invol eu in th amcudmen · of tlm Sen-
5386 CONGRESSIONAL RECORD~. JuNE 22, 

ate can be added to the bill except by a suspension of the joint rules 

of the two Houses. 

The SPEAKER pro tempore. The Chair rules that this bill is flO far 

in the pos ession of the House that it can be amended by a suspension 

of the rules .. The question was put on seconding Mr. STRAWBRIDGE's motion to 

suspend the rules; and on a division there were ayes 10, noes not 

counted. 

So (two-thirds not voting in favor thereof) the rules were not 

suspended. 

The Clerk read the seventy-sixth amendment, as follows: 

For continuin~ experiments with the Moffatt system of b~eech-loading cannon, under the direction of the Secretary of War, the sum of 10,000 is hereby appro- priated. 

The Committee on Appropriations recommended non-concurrence in 

the amendment of the Senate. 

Mr. HAZELTON, of Wisconsin. I hopo this amendment of the 

Senate will be concurred in. This is only half the n,mount recom- mended by the Secretn,ry of War and the Chief of the Ordnance Department for this purpose. It is for continuing experiments with a class of breech-loading guns of very great importance, and they have 

attra-cted very general attention, :1nd I hope the amendment of the 

Serrato will be concurred in by the House. 

Mr. CONGER. I move to amend the amendment of the Senate by 

striking out the words "Moffatt system of," so thn,t it will provide 

for continuing experiments with breech-loading cannon and not con- fine it to any particular arm. Mr. GARFIELD. I desire to say that the Committee on Appropriations recommended non-concurrence in this n,nd the following amendment because they propose to make appropriations for two individun,ls by name. It seemed to us that Congre s ought hardly thus to 

distinguish between the various inventors of the country. It is precisely on a similar principle that we did not wish to distinguish between churches, and we thought we ought not to distin- guish between individuals in this way. If the namo is stricken out 

and the sum appropriated for a general purpose, I will have no objec- tion to it. I have seen this gun of Mr. Lee, and it seems to me to be a very wonderful gun; I should say it was the best small-arm I have ever seen. Still I do not think we should legi 'late for it by name. Mr. COBURN. I think the gentleman from Ohio [Mr. GARFIELD] 

pays a very just compliment to the gun of Mr. Lee. Ihaveneverseen 

anything that will at all compare with it in the shape of a small- arm. But the l?entleman says that we should make this appropriation . genera,l. Now, 1t would be utterly impossible with $10,000, or oven with 

$20,000, to experiment on all kinds of small-arms. If the amendment 

of the gentleman from lllichigan [Mr. CoNGER] shall be adopted, it 

will defeat the entire purpose of this appropriation. With this small sum we ca.nnot go into a general investiga,tion. And now that we have 

before us two meritorious inventions, as we have discriminated in other 

things, why not at least investigate as to whether these two arms are the best¥ Why not have the tests made upon them 'I If we make this an entirely open .investigation, we entirely destroy the effect of the 

appropriation. We have appropriated infinitely more to things not 

worth one-tenth as much. Mr. CONGER. The experiments may be made under direction of 

the Secretary of ·War with this or any other gun if my amendment 

is adopted; but it does not direct that any one particular patent of 

any one man shall receive investigation to the tune of $10,000. If 

the Department wishes, under this appropriation, to investigate this 

particular gun, I have no objection; but I do object to appropriating 

this amount to any one patent. 

Mr. HAZELTON, of Wisconsin. The Secretary of War recommends 

twice this sum for experiments with this gun. It is the usual course; 

it is always done. The amendment of :Mr. CoNGER was then agreed to ; and the 

amendment, as amended, was concurred in. The seventy-seventh amendment of the Sonate was read, as follows: 

For the purpose of testing Mr. Lee's breech-loading gun, under the direction of 

tho Secretary of War, tho sum of lO,COO is hereby appropriate(l. 

The Committee on Appropriations recommended concurrence. Mr. BUTLER, of 1\.f::Lssachusetts. I move to amend the amendment 

of the Senate so that it will read : 

For the purpose of testing maga-hine aud breech-loading guns, under the direction 

of the Secretary of War, the sum of $10,000 is h ereby appropriated. 

The amendment of I\!r. BUTLER-was adopted; and the amendment, 

as a.mended, concurred in. The seventy-eighth amendment of the Senate was read, as follows : 

For this amount, or so much thereof as may be n ecessary for the erection of 

winter quarters for troops stationed near the Red Cloud and Whetstone Indian 

agencies, $30,000. • 

The Committee on Appropriations recommended non-concurrence. 

Mr. STEELE. I desire to call the attention of the House for a few 

minutes to this Senate amendment. General Ord, a most competent 

and careful officer, who is in comma,nd of the Department of the 

Platte in which the e agencies are located, was in the city a. few days since, but was not a.ble to n.ppear before the Committee on Appropriations of tho House while they were preparing this bill. But he 

appeared before the Senate committee, ancl that committee reported 

iu f:worof appropriating $30,000 for building qua1·ters fo.r th troops 

at these two agencies. 

. 

I accompanied General Ord when he. went to the Indian Department to ascertain whether it would be neces ary to maintain the 

troops at these two agencies, they having been stationed there dur- . ing the present season, five companies at each agency. He informed 

the Indian Department that he had barracks and qnaTters sufficient 

for the troops at the regular po ts in the department if he could be 

allowed to withdraw them from the agencies. But he was inform tl 

by the Indian Department that it wa-s absolutely necessary to main- . tain these troops there; that without them the agencies could not be 

maintained. There are from five to six thousand hostile or ami- civilized Sioux at each of these agencies. . The appropriation of 30,000 is simply to provide the doors, ashe , chimneys, flooring, and such things as the troops cannot man1IL'tctme 

for themselves. ·The proposition of General Ord is to build huts a!> 

winter quarters. The troops are now in tents, and General John E . Smith, a gallant officer and thorough soldier, in command at tho 

agencies, reports that i.t is impossible for them to remain there in 

tents during the coming winter. This appropriation is to pay for 

such articles as the troops cannot manufacture from tho timber to be 

found there. The troops will cut the timber and build the huts if 

this small appropriation is made, which is to provide winter quarters for ten companies of troops, without which they cannot remain in 

the country where they a,re now located; and the Indian Depa,rtment says it is absolutely necessary that they should remain at the 

agencies. The Commissioner of Indian Affairs told me this morning on tho floor of the House that it would be utterly impo sible to maintain the agencies at these points ancl carry on the operations of the 

Indian Department under tho present policy without these troops to 

protect the n,gencies and maintain order. I hope the amendment of 

the Senate will be concurred in. The amendment of the Senate was not concurred in. The seventy-ninth amendment of the Senate was read, :18 follows: 

Add to paragraph relating. to Freedmen's Hospital and Asylum at Washington, District of Columbia, the fouowing : Provided, 'rhat after June 30, l'B74, tho Freedmen's Ho pi tal in tho District of 

Columbia shall, until othe:rwiso ordered by Congre , be continued under the direction of the Secrcta.ry of the Interior, who shall make all e timate and pa all ac- counts, and shall be accountable to the Treasury of the United States for all x- penditures; and all property, including hospital and quartermaster stores, belonp:-

mg t-o said hospital, and now in charge of the War Department, be also transferred to the Interior Department. . 

The Committee on Appropriations recommended concurrence. Mr. WILLARD, of Vermont. Wht~.t is the reason for this amendmenU 

:Mr. GARFIELD. I ask the Clerk to read a letter from the Secretary of War. The Clerk read a-s follows : WAR DEPARTiffiNT, 

Washington Oity, March 26, 1862. 

DEAR Sm: I have the honor to suggest that the aJlpropriation which is now mado 

annually by Con~·ess for the support of the Freedmen's Ho pi tal and Asylum, at Washington, be nenceforth disbursed under the Interior or some other Departmen t of the Government. This may simply be done by changing in the sunllry civil 

appropriation bill a few words, and nutting the appropriation in another part of 

the bill. '· · The suggestion is made, not because the War Department will not cheerfully and 

faithfully carry out any tasks imposed upon it by the Legislature, but because the M~dical Department of the .Army's so much reduced in its force tb.a.t the duties required of 1t in connection with the Freedmen's Hospital mi~ht wit.h more advantage be given to the military service; and in this view it mighu be well to place this 

hospital unuer the care of a civil head. 

Very respectfully, 

Hon, HAl.'NIDAL HAMLIN, 

United States Se:nate. 

WM. W . BELKNAP, 

·Secretary of War. 

Mr. WILL ARD, of Vermont. Will this involve any ultimate increase of expense t 

Mr. GARFIELD. Not at all; I do not see how it can. 1\Ir. BUTLER, of Ma-ssachusetts. I wish to say that I am not con- vinced even by the letter of the Secretary of War. No doubt he 

would be very glad to ~et rid of the care of the Freedmen's Hospital; 

ho ha-s no great affectwn for it, and I should not have if I had to 

take ca,re of it. But the Department of tho Interior was not organized for the purpose of running hospitals. The Wa,r Department has 

had very great experience in this busine . It has a medical staff 

with the Surgeon-General at its head ; it ha a.ll the ma-chinery £or 

doing this work. The Interior Department has not any stugeou ex- cept an examining surgeon for pensions ; and he has enough to doindeed too much. The Interior Department has no force, no taff, no- body to take care of or look after this hospital. 

I know it is unpleasant for the surgeons of the Army to take care of negroes; but then I insist that they shall do it, or else that th y 

shall not have their salaries. I hope this recommendation will not bo 

agreed to. I move to amend the amendment by striking out the last 

four lines providing for a tran fer of this hospital from th WaT Department to the Interior Department. :Mr. WILLARD, of Vermont. I call attention to tho last part of the 

letter of the Secretary of War: 

This su:::g-estion is made, not because tl10 War Department will not cheerfull;r 

and faithfnJJy carry out :my task irnpo~ell upon it hy tbe L ~slatur , but bcca.u. the M(\dical Dopartmcnt of th e Army i so much reduced in its force that the duHcs r quircd of it in connection with tho Freefu:ncn's Hospital might with moro advantage he ~rivt'n t.othcmilitar.vserrice; antl in thls view it might be well t.opht~ e 

this hospital under tile care of a civil head. 

, 
1874. CONGRESSIONAL RECORD~ 5387 

It is obvious from this that tho Secretary of War p-roposes to h:we 

the medical force of the Army withdrawn from this service if the 

amendment be adopted; and if that be done, of course the medical 

service of this hospital will have to be proviued for in some other 

way, involving of course some further charge upon the Treasury. ])fr. GARFIELD. That would naturally appear to be true; but it 

is not so. Mr. WILLARD, of Vermont. It is, accoriling to that letter. 

Mr. GARFIELD. It is not true even accordin~ to that letter, as the 

gentleman will eo if he will listen a moment. The Surgeon-General 

is the one to whom the reports of this hospita.l are made ; but the 

hospital is in charge of a civil surgeon, who is not an Army officer at all. 

1\Ir. BUTLER, of Massachusetts. He is hired by the Surgeon-General's office. Mr. GARFIELD. He is hired under this appropriation and paid 

under it. This is the only appropriation that goes to the support of 

that hospital; and whether the management of it be transferred or not, this ttmount of money will be required. · Mr. WILLARD, of Vermont. What does the Secretary of War mean when he says that the medical force can more properly be employed elsewhere 

Mr. GARI<'IELD. As the gentleman from Massachusetts [1.1r. E. R. 

HOAR] said the other day in reference to :mother matter, I will make an explanation which I ha.d trusted I shoulu not be called upon to 

make, for I had hoped that the reading of the lette1· would be sufficient. Since,. however, the gentleman from Vermont insisj;s on a fuller explanation, I will state that as I understa,nd it there is not 

entire harmony of feeling and opinion in the War Department about 

the management of the Freedmen's Ho pital; and it will settle a rather unpleasant difference of opinion to put the hospital under the 

Interior Department. Again, the hospital building is owned by the 

Howard University, having been built when the head of that university wa taking care of the freedmen; and a small rental is annu · ally paid to the university for the use of the hospital building. It was under tood and expected that the clinic, the surgica.l operations, 

of this hospital should be wholly open to the colored medical stu- dents in the university. Some difficulties have arisen in this regard; 

and the students feel that they are not getting a proper opportunity 

for attending the clinics in. the hospital. Because of this question 

and the differences that have arisen about it in the War Department, 

the Committee on Appropriations are informed that it will disentanale the trouble to put the hospital under the control of a Department where there is no such antagonism. That is the meaning of the 

Secretary's Jetter. The change will not cause any increase of expense. The Surgeon-General does not get any additional pay for taking charge 

of this institution. He does not detail an Army officer at all for that 

purpose. The officer now in charge of the institution is a civilian; but 

he has to make his reports now to the Surgeon-General, while if this 

transfer be made he will make his reports to t h e Secretary of the · 

Interior. I am acquainted with the officer in charge of the hospital, who is an excellent man; and I know that he is not an Army officer. I understand that the officers and students of the university very much desire this change; the colored physician, who is one of the professors 

in the college, is also very desirous for the change; the Secretary of 

War, who ha-s char~e of the hospital, recommends it; and it occurs to me it is a proper thrng for us to do. . Mr. HARRISON. Will the gentleman inform us h ow the Secretary 

of the Interior can better settle the difficulties than the Secretary of 

War can? 

Mr. GARFIELD. The Secr etary of the Interior has no SurgeonGeneral's Department. 

Mr. WILLARD, of Vermont. That is t h e very reason why there 

will have to be an entirely new organization of a medical force if this 

transfer is made. Mr. GARFIELD . . ·Not at all. 

The question being taken on the amendment of Mr. BUTLER, of 

Massachusetts, it was agreed to. 

Mr. BUTLER, of Massachusetts. In order to make this section 

conform to the amendment just adoJ;>tod, I move to strike out the 

word "Interior," in line 13 O, and insert ;, War." 

The amendment was agreed to. Mr. G. F. HOAR. I move further to amend the amendment of the 

Senate by adding the following: 

To pay, under·the direction of the President of the United Skt.tes, the expenses 

of Major-General 0. 0. Howard in employing counsel and summoning witnasses 

in his defense before an investi~~:atingcommittee of tho House of Representatives 

and before a court-martial, $7,000. · 

Mr. SPEER. That amendment is surely not in order. I make the 

point of order on it. It was ruled out once before. The SPEAKER. The gentleman from Pennsylvania makes the 

point of order the amendment is not in order. 

Mr. G. F . HOAR. I move to suspend the rules and make it in order. 

Mr. SPEER. On that I demand the yeas aml nu.ys. 

Mr. G. F. HOAR. This was an investigation instituted on the part 

of the Government. Mr. SPEER. I object to debate unless both sides can be heard. 

Ur. YOUNG, of Georgia. I demand the regular order. 

Mr. ELDREDGE. This provides for paying some $7,00Q to General • 0 . 0. Howanl. 

Mr. YOUNG, of Georgia. Let us h:wo the yea and nays. 

Mr. BECK. If it be in order, I will move an amendment to pay 

Andrew Johnson $40~000 for the expense of his impeachment. 

Mr. G. F. HOAR. I sugge t five minutes of debate be allowed on each sido. -

Mr. ELDREDGE. I object, unless the proposition of the gentleman 

from Kentucky can be debated. We want the whole question con-. sidered at the sa:p1e time. We want Andrew Johnson's bill paid. f 

The question recurred on seconding the motion to suspend the 

rules. · · 

Tellers were oruered; and Mr. G. F . HoAR and :.\Ir. SPEER were appointed. The House divided, and there were- ayes 80, noes 40. 

So the motion to suspend the rules was seconded. 

Mr. SPEER demanded the yeas and nays. . 

Mr. ELDREDGE. I think we had better wait until we have the 

opinion of the Judge Advocate-General in thecae of General 0 . 0. 

Howard. · 

Mr. RANDALL. We are asked to pay this expense without knowing 

what the decision of tho court of inquiry is. 

The question was taken; and there were-yeas 123, nays 95, not 

voting 71 ; as follows : 

YEAS-Messrs . .Alber:t, Albri~ht, . .A. verill, Barber B!llTY', Bass, Biery, Bmdloy, Buffinton1 Bundy, Burleigh, BeUJam.m F . Butler, Rodenck R. Butler Cain Ca on nessna, Amos Clark, jr., Freeman Clarke, Clinton L. Cobb, Cob'urn, Conaer' 

Crooke, Danford, Dobbins, Duell, Eames, Field, Foster, Frye, Garfield, Glo~er: Gunckcl, Hagans, Eugene Hale, RobertS. Hale, Benjamin \V. Harris, Harrison, 

Havens, Joseph R. Hawley, n erry W .Hazclton, John W. Hazelton, E. Rocltwoo:l 

Hoar, George F. lloar, Hodgas, Hooper, Hos~s, Houghton, Howo, Hubbell, llnn- ter, Ka on, Kelley, Kellogg, Lamport, Lansmg, Lawson, Lofland, Lou<>'bridrro 

Lynch Maynard, McCrary MacDougall, McKee, Merriam, Monroe Morgy N orr~ ley, Nnnn, O'Nem, Orth, Packard, Page, Isaac C. Parker, Parso~s Pendleto~ Phelps, Pierce, Pike, .Tamas II. Platt, jr., Thomas C. Platt, Poland, P~man Ran: 

sier, Rapier, Ra,y, 'Rice, Richmond, Ellis H. Roberts Ro , Rusk, Sawyer Henry B. Sayler~ Scofield, Henry J. '?udder, Isaac W. f?cudder, Ses ions, Shanks,' heats, 

Shcrwooo, Smart, .A.. H err Sillltb, George L . Snnth, II. Boardman Smit.h St. John 

Sto.well, Strait, Strawbridge, Sypher, Christopher Y. Tho:'llas, Town~end, Trc: ma_m, Tyner, Wallace, W:>J~, Marcu~ · War~ ~eeler, Whiteley, Wilber, George i!':~~{}b,John J'.L S. Willi!!oms, William Williams, James Wilson, and WoodN.A.YS - .Messrs. Adams, Archer Arthur, Atkins, Beck, Bell, Tierry, Bland, 

Bowen, B~ght, Bromberg, Brown, Buckner, Burchard,, Caldwell, Cannon, John 

B. Clark, Jr., Clements).. Clymer1 Stephen .A.. Cobb. Commgo, Cook, Corwin Cox, 

Creamer. Crittenden, t;rossl..'Ula, Crounse, Crutchfield, Darrall, Donnan Drlnnell 

Durham, Elrlredge, Gunter, Hamilton, Hancock, Henry·R. Harris, John'T.Harris' 

Hatcher, John B. Hawley, Hereford, H~rndon, Hunton, Hyde, Kendall, Knapp; Lamar, Luttrell, Magee, Marshall, Martin, James \V. McDill McLean Milliken Mills, Moore, Morrison, Neal, Niblack, O'Brien, Hosea W. Parker, P rry Phillips' 

Randall, Read, Robbins, Jamas C. Robinson, Mllton Sa~ler, Sener, Slo~s Small' J . Ambler Smith, Southa.rd, Speer, Spra!!Ue, Standiford, Stone, Storm, 'Thorn: bur~h, Todd, Vance, W ald1:on, .r asp~r. D. ~V ard, Wells, Whitehead, Whitehouse, \Vhitthorne, Charles W. Willard, \Villie, Wolfe, John D. Young, and Pierce M. 

B. Young- 94. . NOT VOTING- Messrs. Ashe, B_anning, Barnum, Ban:ero, Begole, Blount-, Bur- rows, Clayton, Cotton, Crocker, Curtis. ~aVIs, Dawes, De Witt, Eden, Elliott, Farwell, 

Freeman, Giddings, Gooch, Harmer, Hathorn, Hays, Hendee, Hersey, Holman. Hurlbut, Hynes, Jewett1 Killin__ger, ~amison, Lawre'?-ce, Leach, Lewis, .fA?we, Lowndes, 

.Alexander S. McDill, MctJunkin, ¥cNulta1 ~tchell, Myers, Nesnnth, Niles, Orr, 

Packer, Pelham, Potter, Pratt, Ramey, William R. Roberts, James W. Robinson 

John G. Schumaker Sheldon, Lazarus D. Shoemaker, Sloan, John Q. Smit.h, Wil: 

liam .A.. Smith, Snyder, Stanard, Starkweather, Stephens, Swann, Taylor Charles 

R. Thomas, Waddell, White, Charles G. Williams, WilliamB. Williams Ephraim 

K. Wilson, Jeremiah M. Wilson, Wood, and W.oodworth-71. ' 

So (two-thirds not having voted in favor thereof) the rules were not suspended and the amendment wa.s not received. During the roll-call, 

Mr. COX said : The gentleman from Indiana, Mr. HOLMAN, has 

gone home in consequence of the dying condition of his daughter. The result of the vote wa-s then announced as above recorded. 

MESSAGE FROM THE SENATE. 

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

informed the House that that body had agreed to the conference 

asked for on the disagreeing votes of the two Houses on the bill (H. 

R. No. 3~68) makin~ appro~riations for t~e repa.ir, preservation, and 

completiOn <rl certarn public works on nvers and harbors, · and for 

other purposes, and had appointed lli. CHANDLER, Mr. BUCKINGHili, 

and lli. DENNIS as managers of said conference on its part. 

It further announced thu.t the Senate hu.d pas ed a bill (H. R. No. 

3572) to amend existing customs :!mel internal-revenue laws, :1Dtl for 

other purposes, wit.h amendments; in which the concurrence of the 

House was requested. It further announced that the Senate had passed bills and j oint 

resolutions of the following titles; in which the concurrence of the 

House was requested : 

J oint resolution (H. R. No. 114) to fill a vacancy on the board of 

managers of the National Home for Disabled Volunteer Soldiers ; 

Joint resolution (H. R. No. 115) for the relief of certain clerks 

and employes of the United States; 

An act (H. R. No. 3506) for the relief of William Tod Helmuth, of 

New York; 

An a-ct (H. R. No. 1767) to change the name of the schooner Kittie 

Strang; 

An act (II. R. No. 3211) to change the name of the schooner Delmar; and · 

An act (H. R. No. 3773) to further define and enlarge the powers aud tlutie~ of the District of Columbia . 
5388 CONGRESSIONAL RECORD. JUNE 22, 

PRESIDE~TIAL APPROVALS. 

A message from the President, by Mr. 0. E. BABCOCK, his Private 

Secretary, announced that the Pre ident had approved and signed 

bills and joint resolutions of the following titles, namely: 

Joint resolution (H. R. No. 112) directing the Public Printer to 

keep an account of all expenditures for printing, mailing, and bindin" the CONGRESSIONAL RECORD j 

~act (H. R. No. 203) to create two additional land districts in the 

Sta.te of Kansas; . An act (H. R. No. 526) for the relief of James De Long; 

An act (H. R. No. 62'2) for the relief of John N. Newman, late- an act- -ing first lieutenant of Company B,Ninth Tennessee Volunteer Cavalry; 

An act (H. R. No. 1206) for the relief of Charles J. Sands, of Brooklyn, New York; 

An act (H. R. No. 1215) to revise and consolidate the statutes of the 

United States in force on the 1st day of December, A. D. 1873; 

An act (H. ~. No. 1227) granting a pension to Eliza A. Maxham; 

An act (H. R. No. 1507) to create an additional land district in the 

Territory of Colorado ; 

An act (H. R. No. 1572) fixing the amount of United States notes, 

providing for .a redistribution of the national-bank currency, and for 

other purposes ; 

An act (H. R. No. 1587) for the relief of William H. Pilkenton late a second lieutenant in Company G, Fifth Regiment Indiana Ca~alry Volunteers; 

An act (H. R. No. 1948) granting a pension to Mary J. Blood; 

An act (H. R. No. 2089) for the relief of Mrs. Louisa P. Molloy; 

An act (H. R. No. 209'2) for the relief of John W. Divine, late as- sistant surgeon of the Eleventh Regiment of Tennessee Cavalry· 

An act (H. R. No. 2095) granting a pension to Charles Macarty; 

An act (H. R. No. 2223) for the relief of Robert F. Winslow; 

An act (H. R. No. 2292) for the relief of William Walker ; 

An act (H. R. No. 2450) to provide for the apportionment of the Ter- ritory of :Wyoming for legislative purposes; 

An act (H. R. No. 2655) to provide for the establishment of lifesaving ~tations and houses of refuge upon the sea and lake coasts of 

the _Dmted States, and to promote the efficiency of the life-saving 

serviCe; 

An act (H. R. No. 2670) grant~g a pens~on to MaryS. Howe; 

An act (H. R. No. 2671) granting a pension to General A. C. Voris· - An act (H. R. No. 2701) to relieve William G. Jones, of Alabama of 

political disabilities; ' 

An a?t (H. R. No. 2788) for the relief of Henry P. Ingram and John 

H. Askins; 

An act (H. R. No. 2879) revising and embodying all the laws authorizing post-roads in force on the 1st day of December 1873 · An act (H. R. No. 3002) for the relief of Isaac Ris~den iate a first 

lieutenant of the Eleventh Tennessee Cavalry ; ' 

An act (H. R. No. 3003) for the relief of George A. Bacon· 

Au act (H. R. No. 3265) a,mending the charter of the Fr'eedman's 

Savings ancl Trust Company, and for other purposes; 

An act (H. R.No: 3309) granting to the Nevad!l' Narrow-Gauge Railroad Company a nght of way through the public lands for a railroad· 

An ~ct (~. R. No. 3332) to fix the time for the election of Repr~ ~nt~tlves m the Forty-fourth Congress from the State of ~lissisSippr; 

An act (H. R. No. 3349) to revise and consolidate the statutes of the 

United States, general and permanent in their nature relating to the 

District of Columbia, in force on the 1st day of DeceU:.ber, A. D.1873 ; 

An act (H. R. No. 3351) to ascertain the possE>ssory rights of the 

Hu?-son's Bay Com~anr and other British .subjects within the limits 

which were the subJeCt of the award of His Majesty the Emperor of 

Germany, under the treaty of Washington of May 8, 1871, and for 

other purposes ; 

An act (H. R. No. 3417) to relieve Thomas Claiborne, of Tennessee 

of political disabilities imposed upon him by the fourt-eenth amend: 

ment to the Constitution of the United States; . An ~ct (H. R. No. 342.1) making ap~ropriations forth~ payment of 

mvalid and other penswns of the Umted States for the year ending 

June 30, 1875; 

An act (H .. R .. N?· 3?86) to authorize the construction of a bridge across the MisSlsSippr River at or near the city of La Crosse in the 

State of Wisconsin; ' 

An act (H. R. No. 3606) granting a pension to Mary E. Grosvenor· 

An act (H. R. No. 3652) providin~ for publication of the revised 

statutes and the laws of the United States; 

An act (H. R. No. 3680) for the government of the District of Columbia, and for other purposes ; 

An act (H. R. No. 3740) to create the Bozeman hmd district in the 

Territory of Montana ; and 

An act (H. R. No. 37 4~) directing th~ See1:et~ry of the Treasury to 

report upon the necessity for a public buildmg at Brooklyn, New 

York, and the cost of the same. · 

SUNDRY CIVlL APPROPRIATION BILL. 

The House resumed the consideration of the amendments of the 

Senate to t he sundry civil appropriation bill. 

The eightieth amendment of. the Senate was read, as follows : 

To ena~lo tho Secr~tary of tho Senate to pay a sum sufficient to make the :m- nual saJanes o£ the prmm1•a.l clork, }Jrinoipal executive clerk, minute and Journal 

c~erk, and ~cial olor:tr of the Senate, as follows: Principal clerk, $3,()00; prin· mpal executive c!erk, mmute and Journal cler~, and financial clerlt, $3,000 each; 

and a sum suffiment to make the annun.l salanes of soven of the clerks in the · office of the Secretary 2,592 each, $4,836. 

Mr. GARFIELD. The committee recommend non-concurrence. lli. HOOP.ER. I offer the following amendment: 

Add to the eightieth amendment the following: 

AJ:;o the sum suf!icien~ ~ enable th~ C~ork of the House of Representatives to pay m fut~e the ill , p~mting, and pnnmpal engrossing clerks 2.t the same rate of 

compensation each recmved on the 1st day of January last. 

That has always been the case, that these clerks have received the same pay as the corresponding clerks in the Senate. Mr. GARFIELD. I desire to call the attention of the House to this 

matter. This is the chalice which we offered-& the lips of the Senate 

and it comes ba-ok to our own. We raised the pay of four of our clerks. Tho Senate proposed to raise the pay of twelve of theirs. 

Now, the only way to make the House even is to put in five or six more -House cler~; and i?- doing. that to ma~e every clerk about this House~ hos? pa;y IS not raiSed b~lieve that be IS wronged and degi'a-de<l 

by havrng his fnen?-s and assoma:tes put up, and to make every officer 

of the same grade m the Execut1 ve Departments at Wa-shington feel 

that we pay special and partial attention to our own employes arounu us under our eyes and leave others out of our view. Now, I firmly believe that there is no justice and no equity in the C?ur~e we have entered upon. I firmly believe that when tho questiOn IS !'tate?- to ~he country they will condemn us for every step we have taken m th1s regard. Yet here we are in the midst of it. Tho 

real fair thiJ?g, the ~eal just thing to do would ue to adopt an amenu- ment repealmg all mcrease of salary that we ourselves have made in 

the cas~ of .our own cl~rk~, in ~he law that has lately been signed as the legislative appropl'lation _bilL If we. do th?>t it would be a plain, 

square matter of lettmg salaries alone th1s sesswn. That is the right 

path ~or.us to pursue. I am not authorized by theCommitteeonAp- propnatw~s to offer _ that amendment. I do not offer it; but I say th~t that IS a path that would le~d us back to a fair and equitable 

adJustment of the matter by lettrng the whole subject alone. 

By .the other course you make the whole group of men holding 

positions around this House feel that they aro hurt and wron cred 

There is the clerk of the Committee on Appropriations; I ventur~ t~ sa;y he_ has worked more hours than any other employe in the Capitol 

thiS wmter. Mr. BUTLER, of Massachusetts. Except the clerk of the Committ ee on the Judiciary. 

Mr. G~FIELD. I cannot except him, though perhaps he ha-s come near rt. Then there are the clerks of the Committee on Commerce, the Committee on Ways and Means, the Committee on Pensions, the Committee on War Claims-a whole row of them-and our engrossing clerks who sit up all night and keep up with our work. 

Now, what are.you going to do ·' Tho~e who do not press you, who 

do not ask for It, do not get therr salanes advanced while those in 

whom you are more particularly interested get adv'anced. For my own part I hav:e tried to wash my hands of the tangle in which the 

House has got itself by these amendments. 

lli. CONGER. I wish to ask the chairman of the Committee on Appropriations if there is any other committee of this House that ha~ a clerk, door-keeper! and messenger, and the whole paraphernalia 

of Its rooms so well proVIded for as the Committee on Appropriations' 

I venture to say that there is no other committee of this House which 

is so expensive. 

Mr. GARFIELD. Tho Committee on Ways aud Means are provided for in the same way. 

1\;fr. CONGBR. I haye also noticed that when the gentleman from 

Ohio has feathered his own nest handsomely he lies down in it and 

takes his repose. 

Mr. GARFIELD. What nest 7 . 

~Ir: CONGER. The committee-room of the Committee on Approprrations. · _ Mr. GARFIELD. It is not better provided than the room next to 

it, the room of the Committee on Ways and Means. 

Mr. DA WE_S. Why does t~e gentleman from :Michigan not speak 

of the Comm1ttee on War Claims"' He should not stop until he has 

gone over the whole ground. 

1\Ir. CONGER. It is singular that I cannot make a remark without 

the chairmen of these committees attempting to overwhelm me. Mr. DAWES. The gentleman is overwhelmed by being called upon 

to state the facts; .that is all. Mr. CONGER. I do not know that I am overwhelmed by the great- ness of the chairman of the Committee on W JJys and Means uut I 

may be mistaken about that. ' 

Mr. DAWES. There are very many committ es that have ju t ex- a-ctly the same appointments as those committees. If the gentleman 

would only enlarge a little his horizon, his statements woulu be more correct. 

Mr. STARKWEATHER. I would like to say a word or two on this 

question. I am sorry that our economical chairman should have cre- ated so great an excitement_ a??ut so sm~ll a ma~r. I am willing for one to take the r ~ponsilnhty of voting a faa.r sum to pay for 

honest work here. I think the sums we voted to our readin(J' clerks were all right. I voteu for them. I do not believo that the ~ouutry is going to condemn us bccauso in certain cases we have voteu that. 
1874. CONGRESSIONAL RECORD. 5389 

men who have responsible positioDB and hard work should have fair 

pay. This talk about washing our bauds and the country holding us responsible for this increase, or rather for voting what we have heretofore voted for these hard-working clerks, is getting up a great excite- ment about a small matter. If the republican party or the democratic 

party is ever to be condemned or ought to be condemned, it will not 

bo because it has paid these men these sums. Why, sir, every day we vote away sums without discus ion any one of which would cover and more than cover all that would be neces- sary to pay the e men. For one, I am anxious and willing to vote to 

the clerks of the Committee on Appropriations and the Committee on Ways and Means and any other clerk that does as much work the sum they ask for here-no, not what they ask for, for they have not 

asked it. But the committees for which these clerks labor and the mem hers of this House have placed these. sums here as a just and fair 

compensation for them. I scout the idea, I do not believe it, that 

this country is to be revolutionized iu its politics or that the people care one straw about the amount appropriated to pay our working 

clerks. These clerks are working, some of them, all night in order 

to get our business ready for us. They are furnishing us with information which is of vast importance to us. The clerks of the Committee on the Judiciary, of the Committee on Appropriations, of the 

Committee on Ways and Means, and of the Committee on Commerce save us more time and money by_ the information they furnish us, a great deal more, than it costs us to pay the clerks. Those clerks save as much time by the information as we pay for their labor, and more. I believe this session has been shortened in its labors one month by 

the knowledge and experience of these men. I am sorry to bear the 

chairman of the Committee on Appropriations-who I know does it 

in the interest of economy, but there is no real economy in it-ask 

that these men shall not be properly paid. I am willing to stand by 

my vote in favor of paying these men a just and fair compensation. 

Mr. GARFIELD. I was discussing the increase in the number of 

Senate clerks. 

Mr. STARKWEATHER. 0; they have put on eight or ten clerks, 

but that is no reason why we should not do justice to our clerks who 

have earned their money. Neither the gentleman from Ohio nor any one else will lose a vote or the good opinion of any man for standing 

up squarely for a proposition of this kind. 

The question was then taken upon the amendment moved by Mr. 

HOOPER; and it was not agreed to. 

The amendment of the Senate was non-concurred in. 

ENROLLED BILLS SIGNED. 

Mr. DARRALL, from the Committee on Enrolled Bills, reported 

that the committee had examined and found truly enrol'led a bill 

and joint resolution of the following titles; when the Speaker signed 

the same: 

An act (H. R. No. 3256) to repeal so much of the act approved May 

8, 1872, entitled "An act making appropriations for the legislative, executive, and judicial expeDBes of the Government for the year ending June 30, 1873, and for other purposes," as provides for the employment of persons to assist the proper officers of the Government in 

discovering and collecting moneys withheld, and for other purposes ; 

and 

Joint resolution (H. R. No. 50) amending joint resolution of April 

16, 1872, relating to a statue of the late Admiral Farragut. 

SUNDRY CIVIL APPROPRIATION BILL. 

The eighty-first amendment of the Senate was read, as follows: 

For one cl~k of the first class, to keep the accounts of the CONGRESSIONAL REC- ORD, as required by resolution of Congress. 

The Committee on Appropriations recommended concurrence. Mr. DAWES. I move to concur with the addition of the following: 

And the clerks of tho Committees on Ways and Means and Appropriations shall 

h ereafter receive the compensation now allowed to the assistant Journ.al clerk, and 

the amount to pay the same is hereby appropriated. 

I believe the Hou e understands the whole merits of this question. 

They know the ervices and value of these cle1·ks. This amendment 

will put them upon precisely the same footing as the assistant Journal clerk, at $3,000 a year. I move the previous question on the 

amendment I have offererl. Mr. SAWYER. I desire to offer au amendment to the amendment, 

in regard to the clerk of the Committee on Commerce. 

Mr. J?~ WES. That can come in as a. separate and independent propositiOn. · · 

Mr. SPEER. It is hardly fair to make a speech and then call the 

previous question. 

.Mr. DAWES. The merits of this case are fully understood. 

Mr. SPEER. Will the amendment of the Senate be open to debate 

after the amendment of the gentleman from Massachusetts shall have 

been acted upon 

Mr.DAWES. Certainly. 

Mr. \vp:iliARD, of Vermont. I suggest to the gentleman to put in 

the specific sum, $3,000 a year, and not say" the rate of compensation now allowed to the assistant Journal clerk." 

MI·. DAWES. I will modify the amendment as suggested. 1\Ir. SPEER. What do these clerks get now f 

Mr. DAWES. They now get $2,600 each. 

The question was taken npon the amendment of Mr. DA WEB, and 

upon a division there were-ayes 54, noes 61; no quorum voting. 

Mr. STARKWEATHER. I call for tellers. 

Tellers were ordered; and Mr. DAWES and Mr. SPEER were ap-

~~~ . The House again divided; and the tellers reported that there were- ayes 80, noes 6t$. 

Before the result of this vote was announced, 

Mr. HAWLEY, of illinois, calJed for the yeas a.nd nays. 

The yeas and nays were ordered, there being 34 in the affirmative ; more than one-fifth of the last vote. 

The question was taken ; and there were-yeas 109, nays 102, not 

voting 78, a-s follows : 

YEAS-Me srs. Albert, Archer, Arthur, Ashe, Averill Barnum, Barry, Beck, Berry, Benjamin F. Butler, Roderick R. Butler, Cain, Cessna, Amos Clark, jr., 

Comingo, Conger, Cook, Creamer Crooke, Crossland, Darrall, Davis, Dawes, Dobbins, Duell, Eames, Eldre~e, Fieid, Foster, Frye, Garfield, Giddings, Gooch, Eu~ene Hale, RobertS. Hale, Hancock, Benjamin W. Harris, Hay, John W. Hazruton, Geor~ F. Hoar, Hodges, Hooper, Houghton, Howe, Hynes, Kasson, Kelley, Kellog"', .li.endall, Lamison, Lamport. Loughridge, Lownde ·, Luttrell, Maynard, Alex- anCfer S. McDill, MacDougall, Mills, Mitchell, Moore, Negley, Niblack, O'Brien, · 0 ' eill, Page, Hosea W. Parker, Isaac C. Parker, Pendleton, Perry, Pierce, Pike, James H. Platt, jr., Purman. Randall, Ransier, Rapier, Ru k, Sawyer, Scofield, Isaac W. Scudder, Sener, Sessions, Shanks~ Sheldon, Sherwood, Sloan, Sloss, Small, J . A.mbler Smith, Snyder, Speer, Stanaro., Starkweather, Stone, Stowell, Sypher, Todd, Townsend, Tremain, Walclron, W ells, Whitdey, Charles W. Willard, Georgo 

Willard, John M.S. Williams, William Williams, Woodford, John D. Young, and 

Pierce M . B. Young-109. NAYS-Messrs. Adams, Albright, Atkins, Barber, Bell, Biery, Bland, Blount, 

.Bowen, Bra&ey, Bromberg, Brown, Buffin ton, Bundy, Burchard, Bm:leigh, Burrows, 

Caldwell, Carmon, Cason, John B. Clark, jr., Clements, Stephen A. Cobb, Corwin, 

Cotton, Crittenden, Crounse, Crutchfield, Dounan, Dunn ll, Durham, Fortt.ftlover, 

Gunckel. Hagans, Henry R. Harris, Harrison, Hatcher, Havens, John .B . .tt.a.wley, 

Joseph R. Hawley, Herndon, E. Rockwood Hoar, Hoskins, Htmter, Hunton, Hurl• 

but, Hyde, Lawrence, Lawson, Lynch , Magee, Marshall, Martin, McCrary, James W. McDill, McLean, Meni.am, 'Milliken, Morrison, Neal, Nnnn, Orth, Packard, P elham, Phelps, Thomas C. Platt, Pratt, Ray, Read, Richmond, Robbins, Ellis H. 

Roberts, "Jame W. Robin on, Ross, Henry B. Sayler, Henry iJ. cudder, Smart, A. Herr Smith, H. Boardman Smith, Southard, Spra!roe, Standiford, Storm, Strait, 

trawbridge, Christoph r Y. Thomas, Thornburgh, \Yanc~ Wallace, W'l.lls, Jasper 

D. Ward, Whitehead, Whitehouse, Whitthorne, Wilber, vnarle G. Williams, William B. Williams, Willie, James Wilson, Wolfe, and Woodworth-10:.~. 

NOT VOTING-Messrs. Banning, Barr re, Bass, Begole, Bright, Buckner, Free- man Clarke, Clayton, Clymer, Clinton L. Cobb, Coburn, Cox, Crocker, Curtis, Dan· ford, DeWitt, Eclen, Elliott, Farwell, Freeman, Gunter, Hamilton, Harmer, John T. 

Harris, Hathorn. Gerry W. Hazelton, Hendee, Hereford, Ilers ~ Holman, Hubbell, Jewett, Killinger, Knapp, Lamar, Lans~~· Leach, Lewis, Lonand, Lowe, Mc- Junkin, McKee, McNulta, Monroe, Morey, JUyers, Nesmith, .Niles, Orr, Packer, 

Parsons, Phillips, Poland, Potter, Rainey, Rice, William R. Roberts, James C. Robinson, Milton Sayler, John G. Schumaker, Sheats, Lazarus D. Shoemaker, George L. 

Smith, John Q. Smith, William A. Smith, Ste:phens, St. John, Swann, Taylor, Chades 

R. Thomas, Tyner, Waddell, Marcus L. Ward, Wheeler, White, Ephraim K. Wilson, Jeremiah M. Wilson, and Wood-78. 

So the amendment of Mr. DAWES to the amendment of the Senate was agreed to. 

Mr. SAWYER. I move to amend by adding to the amendment just 

adopted the following : 

.And there is hereby appropriated a sum sufficient to make the compensation of 

the clerk of the House Committee on Commerce equal to 2,190 per annum for the 

Forty-third Congress, and no longer. 

Mr. G. F. HOAR. I submit that this amendment is not· ger1Il:1ne to 

the Senate amendment. · The SPEAKER. The Chair thinks it is. 

Mr. SAWYER. As to the merits of this amendment, it is known 

to most members of the House that the · clerk of the Committee on Commerce works very laboriously indeed. 

The question being taken on agreeing to Mr. SAWYER's amendment, there were-ayes 41, noes 71; no quorum votin<T. 

Tellers were ordered; and Mr. SAWYER and Mr. Ross >vere appointed. _ • The House divided; and the tellers reported-ayes 81, noes 77. 

Mr. BURCHARD called for the yeas and nays. 

The y~as and nays were ordered. 

The question was taken; and there were-yeas 82, nays 111, not 

voting 96; as follows · 

YEAS-Messrs. Albright, Archer, Barnum, Barrere, Bradley, Burrows, Roderick 

R. Butler, Cain, Cannon, Amos Clark, jr., Coburn, Corwin, Creamer, Duell, Dun- nell, Eames, Field, Haaans, Robert S. Hale, Benjamin W. Harris, Hanison, Ha.- thorn, Hays, Gerry W. Hazelt?n, Hod~es~ Hoskins, Houghton, Howe, Hynes, Kelley, Kelloa"', Kenii.all, Lou"'lu1.dge, Lo~o.es, Maynard, Alexander S. McDill, Mac- Dougall, M'onroe, Negley, "Nunn, O'Neill, Paok'ard, Page, Isaac C. Parker, Par- sons, Pendleton, Perry, Pnrm:;m, Randall, Ransier, Rapier, Rusk, Sawyer, :Milton 

Sayler, Henry J. Scudder, Sener, Sessions, Sheldon, Sherwood, Sloan, J . .Ambler Smih, Snyder, Stanard, Starkweather, Stowell, 8tra.wbriuge, Sypher, Thornburrrh, 

Todd, Town end, 'l'remain, Wallace, Walls, WheelPr, Wbitelefiha Wilber, George 

;:~~J~_M. S. Williams, William Williams, William B. w· . ms, Willie, and 

NAYS-Messrs. Adams, Albert, Arthur, Ashe, At1dns, Barber, Beck, Bell, 

Biery, Bland, Blount, Bowen, Bri~;?:ht, Brown, Buckner, Buffin ton, Bundy, Burchard, • Caldwell, Cessna, John B. Clark, Jr., Clements, Clymer, tepben A. Cobb, Comingo, Crittenden, Crooke, Cro sland, Crounse, Crutchfield, Danford, Donnan, Durham, 

Eldredge, Fort, Frye, Giddin~, Glover, Gunckel, Gunter, Hancock, Henry R. Har- ris, Hatcher, Havens, John .15. Hawley, .Joseph R. Hawley, Herndon, E. Rockwood Hoar, George F. Hoar, Hunter, Hunton, Hurlbut, Hyde, Ka son, Knapp, 

Lamar, Lawrence, Lawson, Leac.h, Lofland, Lowe, Lynch, 'Map;ee, Marshall, Mar- tin, McCrary, James \V. McDill, Merriam, Milliken, Mills, Morrison, Niblack, 

O'Brien, Orth, Hosea W. Parker, relham, Pike, Ray, Rice, Richmond, Robbins. Ellis H. Roberts, James W. Robinson, Ro s, Shanks, Smart, A. Herr Smith, II. 

Boa1·dman Smith, .John Q. Smith, Southard, Speer, Spra!!Ue, Standiford, Stone, 

Storm, Strait, Christopher Y. Thomas, Tyner, Vance, .Jasper D. Ward, Wells, 

White, Whitehead, Whitehouse, Whitthome, Charles W. Willard, Charles G. Williams, James Wilson, \Volfe, John D. Yc;~ung, and Pierce .M. ll. Young-111. 
5390 CONGRESSIONAL RECORD. JUNE 22, 

NOT-VOTING-Messrs. Averill, Banning, Barry, BMs, Begole, Berry, Brom- berg, Burleigh. Benjamin F. Butler, Ca on, Freeman Clarke, Clayton, Clinton L. Cobb, Conger, Oook, Cotton, Cox, Crooker, Curtis, Darr<tll, Davis, Dawes, D eWitt, 

Dobbins, Eden, Elliott, F arwell, Foster, Freeman, Garfield, Gooch, Eugene Hale, Hamilton, Harmer, .Tobn T . llarris, .Tobn W. H azelton, H endee, H er eford, H ersey, Holman, H ooper, Hubbell, .Jewett, Killinger, Lamison. L amport, Lansing, Lewis, 

Luttrell, 1\!o.Timkin, McKee, McLean MoNulta, Mitchell, Moore, Morey, Myers, N eal, Nesmith, Niles, Orr, Packer, Pbelps, Phillips, Pierce, .Tames H. Platt, jr., Thomas C. Platt, Poland, Potter Pratt Rainey, Read, William R. Roberts, .Tames C. Robinson, H e1llj' B. Sayler, John G. Schumaker, Scofield, Isa-ao W. Scudder, Sheats, Lazarus D. Shoemaker, Sloss, Small, George L. Smith, William A. Smith, 

Stephens, St . .Tobn, Swann, Taylor, Charles R. ThomM, Waddell, Waldron, Marcus L. Ward, Ephraim K. Wilson, .Jeremiah M. Wilson, Wood, and Woodworth-96. 

So the amendment of Mr. SAWYER was not agreed to. 

The amendment of the Senate, as amended, waa concurred in. Mr. GARFIELD. I move to suspencl the rules so that all the re- maining amendments of the Senate to this bill may be non-concurred 

in, and a conference with the Senate be aaked on the disagreeing 

votes of the two Houses. I make this motion in order to get the bill 

to a conference as speedily as possible and to save the time of the 

House. , Several MEMimRs. That is right. 

Mr. KELLOGG. I have an amendment which I would like to re- fer to the committee before that is done. 

Mr. BUTLER, of Massachusetts. I desire to know what the com- mittee are going to do with civil.service ¥ . Mr. GARFIELD. We have recommended non-concurrence in the 

amendment on that subject. Mr. BUTLER, of Massachusetts. Is that merely formal, and are you 

going to drop it 'f 

Mr. GARFIELD. The Committee on AppropriatioDB were over- whelmingly on that side. That is all I have to say. The gentleman 

cannot get anything more than non-concuiTence, so far as I can see; 

Tho question being on seconding the motion to suspend the rules, 

tellers were ordered; and Mr. GARFIELD and Mr. KELLOGG were ap- pointed. 

The House 1tivided; and the tellers reported ayes 123, noes not 

counted. 

So the motion was seconded. . . The question then recurring on agreein~ to the motion to suspend 

the rules, it' was agreed to, two-thirds votmg in favor thereof. The SPEAKER subsequently announced the appointment of 1\fr. 

GARFIELD, Mr. l!ALE of Maine, and :Mr. NIBLACK as the committee 

of conference on the part of the House. 

TARIFF AND INTERNAL REVENUE. 

Mr. DAWES. The bil1 (H. R. No. 3572) to amend existmg customs 

and internal-revenue laws, and for ot her purposes, has been returned 

from the Senate with amendments. I move that the rules be sus- pended so as to non-concur in all the amendments and ask a confer- ence with the Senate on the disagreeing votes of the two Houses. If 

the House will indulge me a few moments, I will make a brief explanation. The Senate has added no item whatever to this bill; all its amend~ 

ments are in the line of reduction. I should be glad if the House would concur in every one of these amendments; Any motion to that effect 

would take precedence of a motion to non-concur. Any gentleman 

who will send for the bill as printed by the Senate with the amendments of its committee will see just what the Senate ha.s done, with a few exceptions. I will state those exceptions : On the sixth page the 

Senate committee proposed to strike out a proviso which has not been 

struck out in the Senate. They also proposed to strike out from the 

free list quicksilver, which has not been struck out. Every other 

amendment of the Senate committee has been agreed to by the Sen- ·ate.- At this late hour I apprehend that t'lre best method of proceed- ing would be to concur in these amendments, but I am urged by gen- tlemen about me to make the motion I have ma-de, which is to suspend 

the rules, non-concur, and ask a conference. 

Mr. TREMAIN. Will the motion to concur be in order f 

The SPEAKER. Not in that form. If the bill came up in regular 

order the question would be, of course, on concurring in the amend- ments. But by a suspension of the rules the negative vote of non- concurrence may be made. . Mr. STARKWEATHER. I hope we will non-concur. It stnkes 

out the only important thing in the bill, and that is the tax on bonds 

&c., which by a majority of four to one was passed by this House. I 

hope the Committee on Ways and Means will keep it in. 1\Ir. SPEER. Does the gentleman propose to impose a tax on United 

States bonds' 

Mr. SAYLER, of Ohio. I should like to ask the gentleman from 

Ma sachusetts [Mr. DAWES] whether this amendment strikes out the 

additional tax on hops T 

Mr. DA. WES. It leaves the tax on hops as 1mder existing law. 

The SPEAKER. The pending motion is to suspend the rules and non-concur in the r emaining amendments of the Senate so as to _send 

the bill t o ::t committee of confer ence. Mr. RANDALL. Is n ot a motion to concur the first motion in oruer ' - . The SPEAKER. It would be if we were acting under the rules, 

but the gentleman now ll!Oves to suspend the rules and non-concur in the remaining Senate amendments. 

Mr. STARKWEATHER. I hope the Committee on Ways and 

Means will permit the sense of the House to be tested in reference to 

the amendment taxing bonds, &c. Mr. DAWES. That is the difficulty of the motion. 

Mr. ST.d.RKWEATHER. I should like to have a vote in the House on the question of taxing bonds and stocks, &c., to see whether the NewYork Stock Exchange controls this House orwhetherthisHouse 

controls the New York Stock Exchange. 

Mr. DAWES. I insist on the motion to suspend the rules and non- concur in the remaining amendments of the Senate. The motion to suspend the rules was seconded. 

So (two-thirds voting in favor thereof the rules were suspended) and the remaining amendments of the Senate were non-concurred in. Mr. GARFIELD. I move there be a committee of conference appointed on the disagreeing votes of the two Houses. 

The motion was agreed to. The SPEAKER appointed as managers of said conference on the 

part of the House, HENRY L. DAWES of Massachusetts, W. D. KELLEY of P ennsylvania, and JAMEs B. BECK of New York. 

ENROLLED BILLS. 

Mr. HARRI S, of Georgia, from the Committee on Enrolled Bills, 

reported that the committee had examined and found truly enrolled 

bills and joint resolutions of the following titles; when the Speaker 

signed the same : 

An act (H. R. No. 1767) to change the name of the steamboat Kitty Strang; · 

An act (H. R. No. 3211) to chap_ge the name of the schooner Delmar; 

An act (H. R. No. 3422) for the relief of Mercy Ann !{all, widow of 

Captain Charles F . Hall; 

Joint resolution (H. R. No. 114) to fill a vacancy in the board of 

managers of the National Home for Disabled Volunteer Soldiers; and 

J oint resolution (H. R. No. 115) for the relief of certain clerks and 

employes of the United States. 

LEAVE TO PRINT. 

Mr. YOUNG, of Georgia, by unanimous coDBent, waa granted leave 

to print in the RECORD some remarks on the bill (H. R. No. 3777) to 

abolish the southern claims commission. (See Appendix.) 

SUSPENSION OF THE RULES. 

Mr. RANDALL. 1\fr. Speaker, I am directed by the Committee on Rules to report the following : The Clerk rea-d as follows : 

Resolved, That the one hundred and forty-fifth rule of the Honse be amended by 

striking out; the word " ten" and insert in lieu thereof the word "six." 

lli. RANDALL. The Committee on Rules are unanimously in favor 

of this change of the rules. 

1\fr. DAWES. That is in reference to the suspension of the rules during the last ten days of the session. 

1\fr. RANDALL. The rule at present gives ppportunity during the 

last ten days of the session to suspend the rules and pass bills. Recent events show it is too long a time, and the Committee on Rules 

have directed me to report this so as to confine the opportunity for 

suspension of the rules at the close of the session to a legislative week 

of six days. 

Mr. GARFIELD. That ought to be done by all means. The resolution waa adopted. 

Mr. RANDAL.L moved to recoDBider the vote by which the resolut ion was adopted; and also moved that the motion to reconsider be 

laid on the table. 

Tbe latte:J; motion was agreed to. 

EVENING SESSION. 

Mr. GARFIELD. I hope we will now have a recess to half past 

eight this evening. We can certainly get through if the House will 

stay to-night long enough to finish the post-office appropriation bill 

and the river and harbor appropriation bill. 

STENOGRAPHERS OF COMMITTEES. 

Mr. MAYNARD. I have a further report to make from the Commit- tee on Rules. Mr. ELDREDGE. I do not think we should undertake to amend 

the rules in the closino- hours of the session. 

The SPEAKER. Thls amendment is imperatively n ecessary under 

the circumstances. 

Mr. GARFIELD. I hope gentlemen will allow it to bo offered ; it 

is absolutely necessary. 

The Clerk read as follows: 

Resolved, That rule - be amended by adding, after the word ''House" in the 

first line, the words "including stenogra.pbers of committees." 

The SPEAKER. The Clerk will read the rule which it is proposed 

to amend. It is a rule which was adopted this session. 

The Clerk read as follows : 

The appointment and removal of the Official Reporters of the Honse shall be vested in the Speaker, and in addition to their other dntiesMr. MAYNARD. That is sufficient. The whole rule need not be 

re~ . The SPEAKER. The amendment is to insel't after the words" Official Reporters of the House" the word,.s "including stenographers of 

committees." 
.-- -

1874. CONGRESSIONAL RECORD. 5391 

Mr. SPEER. That i right. 

Mr. MAYNARD. I wish to say that in addition to the Official Reporters engaged in reporting our debates are two stenographers em- ployed to report for committees. The amendment to the rules which 

I have offered is that the Speaker shall have the appointment and the 

removal of the stenographers precisely as he has the appointment and 

removal of the reporter of .the debates. · The amendment to the rule wat~ adopted. 

Mr. MAYNARD moved to reconsider the vote by which the amendment to the rule was adopted; and also moved that the motion to 

reconsider be laid on the table. The latter motion was agreed to. · · - Mr. GARFIELD. I renew my motion that the House take a recess 

until half past eight o'clock. The motion was agreed to. 

And thereupon (at four o'clock and :fifty minutes p.m.) the House 

took a recess until eight o'clock and t~ty minutes p. m. 

EVENING SESSION. 

The recess having expired, the House resumed its session at eight 

o'clock and thirby minutes p . m. 

CHANGE OF LOCATION OF NATIONAL BANK. 

:Mr. RANDALL. I ask unanimous consent that the bill (S. No. 930) 

authorizing the Farmers' National Bank .of Greensburgh, Pennsylvania, to change its location and name may be taken from the 

Speaker's table and passed. 

The bill was read. It provides for the removal of the Farmers' 

National Bank of Greensburgh, in the county of Westmoreland, State 

of Pennsylvania, to the city of Pittsburgh, county of Alleghany, in 

said State, and for changing the name to the Fifth National Bank of 

Pittsburgh, Pennsylvania. 

Mr. MERRIAM. Will the gentleman accept an amendment, providing that all the. expenses, including those of engraving, involved 

in the .!?.~~....s:e of location shall be borne by the bank Y 

Mr . .li.A..NlJALL. I accept that amendment. 

The amendment was agreed to. 

The bill, as amended, was read three times and passed. 

SIR LAMBTON LORRAINE. 

Mr. ORTH, by unanimous consent, from the Committee on Foreign 

Affairs, reported adversely on the joint resolution (H. R. No. 8 ) tendering the thanks of Congress to Sir Lambton Lorraine, of the British 

navy; and the same was laid on the table, and the accompanying 1·eport ordered to be printed. 

AMERICAN SHIP-BUILDING. 

Mr. NEGLEY, by unanimous consent, from the Committee on Commerce, made a report in writing on the resolutions passed by the 

Legislature of Pennsylvania in favor of the building of American 

ships by American mechanics and out of American materials, and 

moved that it be printed, and recommitted to theCommitteeonCom- merce. 

The motion was agreed to. 

E. & J. KOCH. 

Mr. SYPHER. There is a bill now on the Private Calendar which was considered by the Committee on Ways and Means and unanimously reported back by that committee. I ask that it may now be 

put upon its passage. 

The bill (S. No. 552)to refund toE. &J. Koch certain customs-duties was read. It authorizes the Secretary of the Treasury to refund to 

Messrs. E. & J. Koch 2,916.65, gold, being the amotmt paid by them 

in the New Orleans customs district on an importation of machinery 

for the manufacture of beet-root sugar in the year 1873. 

The bill was ordered to a third reading ; and it was accordingly 

read the third time, and passed. 

l\:IANAGEMENT OF POST-OFFICE DEPART 1ENT. 

:Mr. STOWELL, byunanimous consent, from the Committee on the 

Post-Office and Post-Roads, presented a report in writing on the man- agement of the Post-Office Department; which was ordered to lie on the table and be printed. 

CHINA MAIL SERVICE. 

l'.Ir. STOWELL also gave notice that he would :file'a minority re- port on the China Mail Service. . 

.CHANGE OF LOCATION OF NATIONAL BANK. 

1\Ir. HAWLEY, of Connecticut, by unanimous conse~t, introduced a bill (H. R. No. 3778) changing the name and location of the Pittsfield National Bank; which was rean a first and second time. 

The bill provides f~r changing the location of the Pittsfield National 

Bank, New HampsbiTe, and changing its name to the Second National 

Bank of Manchester, Hillsborough County, in said State. 

The bill was ordered to be engrossed and read a third time ; and 

being engro sed, it was accordingly read the third time, and passed. 

-IESSAGE FROM THE E. ATE. 

A message from the Senate by Mr. SYMPSON', one of their clerks, informed the House that the Senate had disagreed to the report of the 

committee of conference on the bill (H. R. No. 3094) making n,ppropriations for the ervice of the Post-Office Department for the year 

ending June 30, 1875, and for other purpo es, a-sked a further confer- ence on the disagreeing votes of the two Houses thereon, and had 

appointed Mr. WINDOM, 1\Ir. ALuso~, and Mr. DAVIS to be the mana- gers of the conference on the part of the Senate. 

The mes age further announced that the Senate insisted on its 

amendments to the bill (H. R. No. 3600) making appropriations for 

the sundry civil expenses of the Government for the fiscal year ending 

June 30, 1875, and for other purposes, disagreed to by the House of 

Representatives, agreed to the conference asked for by the House on the disa:~p:eeing votes of the two Houses, and had appointed Mr. MoRRILL, of Maine, Mr. SARGENT, and Mr. STEVE...'{SON to be the coniel'ees on the part of the Senate. 

The message further announced that the Senate insisted on its 

amendments to the bill (li. R. No. 3572) to amend existing customs 

duties and internal-revenues laws, and for other purposes, disagreed 

to by the House of Representatives, and had appointed Mr. TIIURl\:IAN1 Mr. MORRILL of Vermont, and Mr. BAYARD to be the conferees on the part of the Senate. 

Tho message further announced that the President of the Senate 

p1·o tempore had appointed Mr. MORRILL of Maine and 1\Ir. HAJ\fiLTON 

of Maryland members on the part of the Senate of the ,joint committee authorized to be appointed by the fifth section of the act for the 

government of the District of Columbia, and for other purpo es. The message further announced that the Senate had passed without 

amendment bills of the House of the following titles: 

The bill (H. R. No. 2884) granting the right of way through the 

public lands to the Arkansas Valley Railway Company; and 

The bill (H. R. No. 2892) authorizing the President to appoint 

George Henry Preble, now a captain on the a.ctive list of the Navy, 

to be a commodore. 

COMMITTEE ON THE LIBRARY. 

Mr. FRYE. I ask unanimous consent to offer the following resolution: 

Ordered, That the Joint Committee on the Library be authorized to sit during tho recess. 

1\Ir. ELDREDGE. I object. 

Subsequently Mr. ELDREDGE said: I desire to withdraw my objection to the granting of leave to the Committee on the Library to sit 

during the recess. I understand that they are to sit at their own ex- pense, and merely to vote upon some propositions in regard to statuary. 

I had supposed that it wat~ intended that th.ey should sit here to carry on investigation during the summer. 

11Ir. FRYE. 0, no; it is only proposed that they shall sit to vote 

upon certain propositions regarding statuary. 

The resolution offered by Mr. FRYE. was agreed to. 

MAJOR J. W. NICHOLLS. 

11Ir. PARKER, of Missouri. I at~k unanimous consent that the bill 

(S. No. 769) for the relief of Major J. W. Nicholls, paymaster Unitetl 

States Army, be put upon its passage. . 

The bill wat~ read for information. It directs that there be paid to 

Major J. W. Nicholls, paymaster United States Army, the sum of ,500, 

erroneously charged due and paid by him in the settlement of his ac- counts. 

Mr. SPEER. I must object unless some explanation be made. 

Mr. PARKER, of Missouri. I will explain the matter. This is a Senate bill for the relief of a payma-ster now 4t the Army and who 

has been a great many years in the Army. When this bill was introduced in the Senate I introduced a similar bill in the Hou e, in the 

hope that the Committee on Military Affairs would have time to con- sider it; but the pressure of business has been such upon them that 

the bill has not been considered. I have talked with most of the gentlemen of that committee and stated the facts of the case to them, 

and I think I may say that they approve the bill. I have investigated 

the case myself, and many gentlemen upon the floor, especially the 

Tennessee delegation, arJ( :fp,miliar with the facts in the case. It is a case where a mistake was made m the payment of money to Paymater Nicholls of this amount which is named in the bill. I hold in my 

hand papers which show t,hefacts to be as I have stated. There is no question as to the honesty ancl integrity of this officer. He is indor ed 

by nearly all the principal officers of the Army from General Meade 

down. The bill has unquestionably merit in it, and I think there can be no opposition to it. I call it up at the request-of a sister of tho 

claimant who is here, while Paymaster Nicholls is away npon the frontier attending to his duties. My friend from Tennessee [Mr. MAYNARD] 

has full knowledge of the facts in the case, and is able to corroborat.o 

what I have said. 

Mr. MAYNARD. I have been acquainted with Paymaster Nichols 

for many years, and I take great pleat~nre in corroborating what has 

been said by the gentleman from 1\.fissouri. I will not take up time by 

going into the merits of the ca e in d~tail. 

Mr. SPEER. I object to the bill. 

HOT .SPRINGS RESERVATION IN ARKANSAS. 

Mr. MOREY. I ask unanimous consent to call up the bill (H. R. 

No. 608) extending the time for filing suits in the court of claims to 

establish title to tbe Hot Springs reservation in Arkansas. 

Mr. SNYDER. I object to that bill. 

. 
5392 CONGRESSIONAL RECORD. JUNE 22, 

_ THOMAS HUGHES. 

Mr. WILSON of Iowa. I a.sk unanimous consent to report from 

the Committee 'on War Claims the bill ( S. No. 875) for the relief of 

Thomas Hughes. The bill was read for information. It directs the accounting offi- cers of the proper Department to settle and pay the ~ate Lieutenant 

Thoma-s Huo-hes reo-imental quartermaster Twenty-eight h Iowa Volunteer Infa~try' who was mustered out of the service on the 1st of 

June, 1865 but who actually performed s~rvice ~d ~ the .orde~ of Colonel Bonneville at Benton ba,rracks, Samt LouiS, Missouri, unt1l 

the 8th of July, 1865, his full pay and perq nisi tea for all the time that 

he actually served. . No objection being made, the !eport w:as recmve.d. . The bill was ordered to a third reading; and 1t was accordingly 

read the third time, and passed. Mr. WILSON, of Iowa, moved to reconside~ the vote b;y:·which tl?-e 

bill was passed ; and also moved that the motion to recons1der be la1d 

on t he table. 

The latter motion was agreed to. 

POST-OFFICE APPROPRIATION BILL. 

Mr. TYNER. I ask unanimous consent that the request of th~ 

Senate be a-ranted for a new conference upon the disagreeing votes of 

the two Hguses on the bill (H. R. No. 3094) making appropri~tionsfor the service of the Post-Office Department for the year ending J tl,lle 

30, 1875, and for other purposes. 

No objection was made, and it was so ordered. 

The SPEAKER appointed, a-s conferees on the part of the House, 

Mr. TYNER, Mr. CANNO:s- of Illinois, and l\fr. MARSHALL j the same conferees as before, except that Mr. CA11TNO~ of Illinois was appointed in the place of Mr. PACKER, who is absent. 

ORDER OF BUSINESS. 

l\fr. GARFIELD. I desire to make a suggestion to the House. So 

far as the appropriat.ion bills are concerned, the only necessi~y for 

the House remaining here is to obtain the reports of the comm1ttees 

of conference on the post-office appropriation bill an?- the river and 

harbor appropriation bill and act upon them. It will t:'l'~e a good 

portion of the night to complete the work on the sundry mvil appropriation bill, which is now in conferenc~. _But~ we can get the :postoffice and the river and harbor appropnat10n bills through to-mght, so as to send them to the enrolling clerks to be finished by th~ morn- ina-, we shall have for to-morrow only the report of the comiD!ttee of 

coclerence on the sundry civil bill to dispose of. 

Mr. ELDREDGE. What time is it expected the reports upon those 

bills will be here 'I 

Mr. GARFIELD. I understand that the report on the river and 

harbor appropriation bill is nearly completed and will be ready probably in the course of half or three-quarters of an hour. The report 

of the committee of conference on the post-office bill has been re- jected, and 'a second conference has been appointed, and it will take an hour or more for them to prepare their report. 

Mr. ELDREDGE. Had we not better take a recess until about the 

time we may expect tho e reports! The gentleman from Ohio [Mr. 

G~FIELD] knows, as we all ~ow,,that. mo~t of the legisla~on tr~­

acted at this hour of the sess10n IS m1Sch1evous-leg1slat10n which 

absolutely should not be done. 

Mr. GARFIELD. I know that. I think the report on the river and 

harbor bill will be here in perhaps ten or fifteen minutes. 

Mr. COBB, of Kansas. There is one important bill not yet returned 

from the Senate, ru1d that is the post-route bill. l\fr. GARFIELD. It will not take long to dispose of that. 

The SPEAKER. The House will now resume the consideration of 

business upon the Speaker's table under the two-thirds rule. 

1\IRS. NANCY DAY. 

The first business on the Speaker's table was the bill (S. No. Z'/7) 

making an appropriation for the paymoo of 792.46 due the late 

James L. Day, of Connecticut, for transporting the mails over postroute No. 8151. 

The bill appropriates the sum of $792.46 to Mrs. Nancy Day, widow 

of the late James L. Day, of Connecticut, being the balance found 

due said James L. Day on the 31st day of May, 1861, the time of ad- justing an account with him for transporting the mails over postroute No. 8151, which amount remains unpaid. 

1\fr. STARKWEATHER. I move t.hat that bill be passed. 

Mr. ELDREDGE. I think this bill should be referred to the Committee on the Post-Office and ~ost-Roa-ds. [After a pause.] I will 

withdraw my objection. I understand the gentleman from Connecti- cut [Mr. STARKWEATHER] is willing to husband the bill; whether he 

is the claimant or not, I do not know. 

No objection being ma.ue, the bill was read three times, and passed. 

HAZING AT NAVAL ACADE IT. 

The next busine on the Speaker's table '!as the bill (S. No. 849) to 

prevent hazi.ng at the Naval Academy. The bill provides that in all cases when it shall come to the knowledge of the Superintendent of the Naval Academy, at Annapolis, that 

any cadet midshipman or cadet engineer h as been guilty of the offense 

commonly known a hazing, it shall be the duty of said superintendent to order a court-martial, composed of not less than three cominissioned officers, who shall minutely examine into aU the facts and circumstances of the case and make a finding thereon; and any cadet 

midshipman or cadet engineer found guilty of said offense by said 

court shall, upon recommendation of said court, be dismissed· and 

such finding, when approved by said superintendent, shall be final; 

and the cadet so dismis ed from said Naval Academy shall be forever 

inelligible to reappointment to said Naval Academy. 

Mr. SPEER. Does that apply to offenses committed .before this 

time.' 

Mr. ARCHER. It does not. I move that the rules be suspended 

and the bill passed. 

Mr. CLYMER. Was not a bill of this character voted down in this 

House some time ago f 

Mr. ARCHER. It was not. I asked -unanimous consent to have 

t.his bill put upon its passage and it was not given. 

The rules weresuspended, (two-thirds voting in favorthereof,) and 

the bill was passed. 

EDMUND RANDOLPH. 

The next business on the Speaker's table was the bill (S. No. 443) to 

provide for the payment of legal services rendered by Edmund Randolph to the United States. 

The bill provides that there shall be paid, out of any money in the 

Treasury not otherwise appropriated, the sum of 12,000 to the legal 

representatives of the late Edmund Randolph, of California, in full 

satisfaction and discharge of balance of professional services rendered 

by him in the cases of The United States vs. John Parrott and others, 

and Andres Castillero vs. The United States, provided that on receipt 

of said sum the said legal representatives shall execute a full d,ischarge of all claims in favor of the estate of said Randolph against 

the United States. 

lli. SPEER. In my judgment that bill should not pass. It appropriates 12,000. - Mr. BOUGHTON. A similar bill has been considered by the Committee on the Judiciary of the House and reported favorably upon by 

them. I move that the rules be suspended and the bill pa ed. 

Mr. KENDALL. This is not one-half the amount that should be 

allowed him. 

Mr. LUTTRELL. Mr. Randolph reported five large volumes, some hundreds of pages in each volume, besides other services. Mr. POLAND. A similar bill was introduced in this House and 

referred to the Committee on the Judiciary, by whom it was unani-

:r,nously reported. It is now on the Calendar. 

l\fr. HOUGHTON. , This amount is due underacontmctmadewith 

the Government by Mr. Randolph in his life-time. 

The motion to suspend the rules wa-s seconded. The question being on agreeing to the motion, there were-ayes 62, noes 24; no quorum voting. 

Tellers were ordered, and Mr. HouGHTON and Mr. SPEER were appointed. _ . Mr. LUTTRELL. This bill ha~ been reported--

1\-fr. SPEER. I object to debate. 

The House divided ; and the tellers reported-ayes 104, noes 43. 

So (two-thirds voting in favor thereof) the rules were suspended 

and the bill was pa~sed. 

NATIONAL PARK ON THE ISLAND OF MACKINAC. 

The next business on the Speaker's table was the bill (S. No. 28) to 

set apart a certain portion of the island of Mackina-c, in the Straits 

of :Mackinac, wit hin the State of Michigan, as a national park. 

The bill wa-s read, as follows : 

Be t".t enacted, &c., That so much of the island of Mo.ckina-c,lying in the Straits of 

Mackinac, within the county of Mackinac, in the State of Michigan, as is now held 

by the United States under military r eservation or otherwise, (excepting the Fort 

Ma-ckinac and so much of the present r eservation thereof as bounds it to the south 

of the village of Mackinac, and to the west, north, and east r espectively by lines 

drawn north and south, east and west, at a distance from the present fortfiag-Staffof four hundred yards,) hereby is reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and dedicated and set apart as a na- tional public park or grounds, for healtm, comfort. and pleaslll'e, for the benefit and 

enjoyment of the poop1e; and all persons who shall locate or seLtle upon or occupy the same, or any part thereof, except as herein provided, shall be considered tre . passers and removed therefrom. 

SEc. 2. That said public park shall be under the exclusive contro; "t' the Secre- tary of War, whose duty it shall be, as oon as p racticable, to make and publish 

such rules and re~l:Ltions as he may deem nece sary or proper for tho care and management of otue same. Such re~ulations shall provide for the preservation from injury or spoliation of all timoer, mineral deposits, natural curiosities. or wonders within said park, and theirretenticn in their natural condition. The Secretary may, in his discretion, grant leases for building purposes of sma1l parcels 

of grotmd, at such places in aid park as shall require the er ction of builrlings for the accommodation of visitors, for term not exceeding ten years; all of tlie 

proceeds of said lea es, and all other revenues derived from any source connected 

with said park, to be expended, under his direction, in themana~ement of the same and in the construction of roads and bridle-paths ther in. He snall provide again t the wanton destruction of game or fish found within said park, and against their 

capture or destruction for any purposes of use or profit. He also shall cause aU personstrespassingu110n the same, afterthepa.ssage of this act, to l>eremoved therefrom, and generally shall be authorized to take all such measures as shall be n eces- sary or proper to fully carry out the objects antl purposes of this a-ct. EC. 3. That any part of the park hereby created shall at all times be available 

for military purposes1 either as a parade or drill-ground in time of peace, or for 

complete occupation m time of war or whenever war is expected, anlT may also bo 

used for the erection of any public buildings or works: Provided, That no p r on shall ever claim or receivo of the United f:)tates any damage on account of :my future amendment or ropcaJ of this act, or the taking of said park, or any part 

thereof, for public purpo es or use. · 
1874. CONGRESSIONAL RECORD. 5393 

During the reading of the bil1, 

1\ir. IIALE, of New York, aid : Mr. Speaker, is it in order to move to suspend the rules so that the furt.her reacting of the bill be disltensed with and that it be refeiTed to the Committee on the Public J~ands Y I make that motion. 

The SPEAKER. The first motion in order is to put the bill on its passa~e upon a two-thirds vote. If that fails the Chair will put the 

questiOn upon the motion of the p;eutlem.a,n froru New York, [Mr. 

HALE.] The reading of the bill will be completed. . The Clerk concluded the reading of the bill. · Mr. CO BUR -. The Committee on :Military .Affairs have ha-d this 

Lill under consideration while it has been on the Speaker's table, and 

have unanimou ly directed me to a k that it hP. amended by striking 

out in the second section the clause from line to 16, which provides 

that a part of thi land may be lea ed. We also propose to amend by 

adding to the bill a provision that "the United States hall not be 

liable for any demands connected with any improvement thereof, nor incur any expense for such improvement, nor become committed to 

any future appropriation therefor." 

If these amendments be made, all that will remain of the bill will 

be a declaration that these grounds shall be a national park under 

the care and protection of the military authorities, who will be authorized to control the same al\d to keep off trespassers. 

Mr. HALE, of New York. I wish to ask by what authority the 

Committee on Military .Affairs has had this bill unuer considemtion 

iuce it has been upon 'the Speaker's table Y 

Mr. COBUR . vVe have had it under consideration informally. 

Mr. HALE, of New York. I do not understand that it is within the 

jmisdi tion of the 1\filitary Committee to take bills from the Speaker's table and report favorably upon them. I think the bill should 

go to the Committee on the Public Lands, and I tJ:·ust the llouse will ~Send it there. 

l\lr. COB RN. It i no new practice for committees of the Hou e to consider informally bills upon the Speaker's table. Mr. ELDREDGE. It i a much more important question by what 

right the military authority should control the public land. I ·do 

not believe in placing the public l and under uch control. I think 

they should b cont1·olled by the civil authorities. · Mr. COB RN. Questions relating to the military re ervatiom'l, 

their enlargement, diminution, or other disposition of them, have been 

put under the control of the military authorities. 

1\fr. ELDREDGE. This is not a military reservation. 

ir. COBURN. There is a military reservation there. Mr. ELDREDGE . .As I under. tand, this re rvation is a public park. 

Ir. COBUR . It is not, except in name. Mr. SPEER. How may acres are embracecl in thi. park~ 

1r. CO BUR J. The exact number cannot be definitely stated; but 

it is omething like five or six hundred acres. Mr. PEER. Does the gentleman uppo e that his amen<lment will 

prevent parties coming to succeeding Congresses and asking appropriations to pay for the improvement of this park~ 

Mr. COBURN. If the gentleman had listened to the reading of the 

bill he would have learned that this ground i not to be given to anybody. It is merely a milita1·y reservation, of which it is now propo ed 

to make a national park. 

Mr. SPEER. What do you mean by calling it a p:trk and then declaring that the Government shall never be liabl for any expenditures for its improvement 

Mr. ELDREDGE. I would like the gentleman from Indiana [:Mr. 

COBURN] to read that portion of the bill which appropriates this land 

for a military rc ervation. I did not gather any such intention from 

the bill. If it be the object to re erve this ground for military purposes without any necessity for that, then I am opposed to it. 

Mr. COBURN. There is nothing in the bill contrary to the idea of a military re ervation. 

Mr. SPEER. This bill, as I understand, will simply commit the 

Government to an expenditure of thousan<ls of dollars hereafter for 

the improvement of thlli park. . Mr. ll.ALE, of New York. I rise to a que tion of order. Some time 

ago I moved that the rules be suspended and that this bill be referred 

to the Committee on the Public Lands. 

Mr. PEER. I mise the point of onler that the amendment of the 

g ntleman from Indiana [ lr. COBURN] i not in order on a motion to 

suspenu the rules. 

Mr. HALE, of New York. I ask tl.Jat the question be put on my 

motion. 

The SPEAKER. While proceeding with the e bills npon the 

Speaker's table, it has been the haLit to recognize in the fu'St phce a motion to su pend the rnl · aud pa the pending bill. The Chair 

suppo ed the gentleman from Michigan [l\lr. Co. GER] was on the 

floor for tha,t motion. · Mr. CONGER. I ro. e for that purpose; I only waited that the 

chairman of the Committee_ on Military .Affairs [:Mr. CoBu~ ] might 

present his amendment, to which there can be no po ·ible objection. 

It is in furtherance of the object of the bill. This Gibraltar of the 

lakes must always be kept by this Govemmeut as a military re erva- tion against all come1·s. It never can be nrrendered for auy other 

purpose. It is a large, rocky elevation in the straits commanding the 

entrance to Lake Michl san; and the Government can never abandon 

it as a military reservatwu. The object of this bill iH to dedicate this 

338 

reservation, subject to military u e, to the people of the uiteu tate , thousands of whom have for a long period of y 'ars flocked there duTing the heats of summer from all parts of the South and Southwest. 

But sometimes the military station is not k ept up, the troop being 

away. Sometime strangers aud others tre pa upon the laud an<l 

destroy the beautiful groves there and mutilate the sugar loaves and 

other cm·iosi.ties. It is necessary this shoulcl be pre erved a a na- tional park, subject to miiita1·y authority. There can be no objection 

to dedicating it to the whole American people a a place of summer resort during tho hot weather. 

Mr. SPEER. Cannot the people go there now if they wi h to'! 

Ml'. CONGER. Ye ; but they will be unaer the control of every 

martinet, whether he be a lieutenant OJ' oorporal, who happens to be 

there. Those who now go there are liable to tho annoyance of being 

interfered with by every military officer, as every man knows of the 

thousands who seek that resort in the summer. It is in the interest 

of tho e who seek to <YO up this mountain during the summer for 

pleasurt>. We wish to do away with this martinet interference by 

these military officers, and to make it a place really of pleaslU'e re ort 

during the summer. Mr. ELDREDGE. It seems to me there is an impropriety in turning this military reservation into a national park. The geutlemau 

says every military martinet will interfere with every one who goe 

there for pleasure, and yet he puts it untler military authority. He 

says this bill does not provide for any such thing, when the bill provides for its being a national park, aml yet places it under militar 

authority. It doe that and nothing else. Mr. CONGER. This bill make it a national park ancl not a paradeground for military ma1·tinets. - The que tion recurred on the motion of :Mr. COBURN tl? suspend the 

ru]e and pass the bill with the amendment indicated. 

The motion to suspend the rule was secontleu. 

Two-thir<ls not voting in favor thereof, the House refusecl to sus- pend t.he rules on l\lr. CoBURN'S motion. 

1\Ir. HALE, of New York. I now move to suspend the mles and 

refer the bill to the Committee on the Public Lau<ls. 1\ir. COBURN. I move to substitute for that a motion to suspend 

the rules and refer the bill to the Committee on Military .Affairs. 

fr. HALE, of New York. I hope not, a it ought to be referred to 

the Committee on the PLlblic Lan<l . The SPEAKER. The question will first recur on the motion of the 

gentleman from New York, [Mr. HALE.] 

The motion to su pend the rules was seconded. 

The House reft1 · d to uspentl the rule , (two-thirdo not voting i.n 

favor thereof,) and the bill wa not referred to the Committee on the 

Public Lands. . The que tion then recurred on the motion of Mr. COBURN to su - pend the rules and refer the bill to the Committee on Military .Affairs. 

The motion to su pend the rule was seconded. The House refused to su pend the rnle , (two-thirds not voting in 

favor ther of,) and the bill was not referreu to the Committee on Military .Affair . 

The SPEAKER. The bill remains on the Sp aker's table. 

Fl K UNIVERSITY. 

The next business on the Speaker's table was a bill (S. No. 313) to 

confirm the ,Purchase of a portion of the ite of Fort Rolli ton, at Nashville, Tenne. see, anu to provide for the donation of the same to the 

Pisk Univert~ity for educational purposes; al o to confirm the purchase of certain land at Port Hamilton, New York. · The bill, wb ;ch was read, provides in its fir t ection that the purchase by the l nited State , on the 21st day of .August, 1865, from 

Russell Houston, of certain lantl, consisting of about three and one- fourth acre , situate in the city of Na hville, Tennes ee, with the buildings thereon standing, and being the same premi es de cribed in a deed of aid date from aidllouston to the Chief Engineer of the.Army, 

in trust for the United States, recorded in book 35, page 241, in the 

register's office of Davidson County, Tenne ee, be, and the san1e 

thereby i , ratified, sanctioned, and confirmed, so that the said pur- . cha.se, and the said deed thereupon executed, shall have the same legal valiuity and effect as if the arne hau been by a previous act of 

Congress pecifically authorized. 

The econd section provides that the , ecretary of War be, arid he 

thereby is, authorized and directed to grant and convey to the :Fi k 

University of Na hville, Tennes ee, alL the right, title, interet, and 

estate of the United States in and to said tl·actof land for educational 

purpose ; provided that no further expense relative thereto hall be 

incurred by the United States; and provided further that tbe trustee of the said Pi k niversity be, and they are thereby, authorizeu 

to sell and dispo e of the above-described property at their discretion 

and to u e the proceeds elsewhere for educational pU.l'po es in connec- tion with the saiu Pisk Uuiver ity. 

The thiru section provides that the purcba e by or<ler of the execu- tive department, under an authority supposed to be conferreu by the 

act of Pebruary 20, 1 62, making appropriation for the con truction, 

&c., of certain fortification , &c., of certain land at Fort Hamilton, 

New York, con i ting of about twenty-one acres, as a ite for additional batteries, ~nd conveyed to the United States by cleeu of Juli2 

D laplaino, of September 9, 1 62, which aid deed has been pronounced IJy the Attorney-General, by opinion of November 22, 1 G2, 
5394 CONGRESSIONAL RECORD. Jm~ 22, 

to vest a good and valid title in the United States, and upon which 

said land the said batteries have been duly comtructed, be, and the same thereby is, confirmed. 

Mr. HARRISON. I hope I will be indulO"ed a moment to say to 

the House that bill pa ed the House at the iast session, having been 

very thoroughly examined by the Committee on the Public Lands. So 

far as it refers to the land at Nashville propo ed to be donated to the 

Fisk University, it is not of great value. It is probably worth from 

three to :five thousand dollars. It lies not far from the location 

selected for the Fisk University, the finest school for colored people 

anywhere in the United States. The object is a very good one. This property cannot be of any serv- ice to the United States unless it is direc~ed to l.Je sold and the proceeds paid into the Treasmy. The donation really amounts to about 

$5,000. There was a question as to whether the title was vested in 

the United States, and this bill was introduced and has been passed 

by the Senate to confirm the title so far as congressional action can do it. Mr. Houston, the party from whom the purchase was made, 

claimed that he still had an interest in the property, as he insisted 

that the United States having ceased to use it for military purposes 

the title had reverted to him under the contract with the Secretary 

of War. I hope the bill will be passed. The rules were suspended (two-thirds having voted in favor thereof) 

and the bill was pa sed. 

ORDER OF BUSINE S. 

Mr. CASON. I a.sk unanimous consent to call up from the Private 

Calendar a very meritorious bill, for t he pmpose of putting it upon 

its passage. " 

Several mem hers called for the regular order. The SPEAKER. Tpe regular order being called for, the House will 

continue the consideration of bills on the Speaker' table in their 

order. AMERICAN FORK RAILWAY COMPANY. 

The next busine son the Speaker's table wa.s the bill (S. No. 332) 

granting to the American Fork Railway Company a right of way 

through the public la,ncls for the construction of a railmad and telegraph. 

The bill was read. 

l\Ir. HOUGHTON. I move that the rules be suspended and that 

the bill be pru sed. :Mr. CLYMER. I hope that the bill will not be passed. 

Mr. RANDALL. Will the gentleman from California [Mr. HouGrrTO ] state what width of land i grantell for right of way 

Mr. HOUGHTON. Two hundred feet; one hundJ:ed feet on each 

side of the ra.ilroacl. Mr. CLYMER. It is me.rely a horse-railroacl. 

Mr. HALE, of New York. The bill ought to go to the Committee on the Public Lands. · Mr. CL Yl\IER. This bill has this extraordinary provision in it: that 

while this is a mere nan·ow-gauge road, the bill grants ten acres for 

every four miles of road for station purpo es; :while the rule of the 

Committee on the Public Lands has been to grant on1y ten acres for 

every ten miles. The bill has never been considered by om commit- tee, and I hope it will not pass. The question being taken on sn pending the rules and pas ing the 

bill, two-thlnl did not vote in the affirmative, and the rules were not 

suspended. Mr. HALE, of New York. I move thn.t the bill be referrell to the 

Committee on the Public Lands. The bill was referr d to the Committee on the Public Lands, twot birlls voting in favor thereof. 

MESSAGE FROM TilE SENATE. 

A message from the Senate, by Mr. SYMPSON, one of their clerks, informed the Honse that the Senate hadpas ed a bill (S. No. 926)referring the case of Joseph Wilson to the Court of Claims ; in which the concmrence of the Hou e wa requested. 

SIERRA IRQ CO fP ANY. 

The next business on the Speaker's table wa,g the bill (S. No. 514) 

·granting to the Sierra Iron Company a right of way through the public lancls for a railroad and telegraph. Mr. HOUGHTON. I move that the rules be suspended and that 

thE} bill be pas ed. 

Mr. CLYMER. I would like to state once for all, with reference to 

these grants of land for right of way through t.he public domain, 

that the Committee on the Public Lauds have adopted certain rule 

with regard to the width of land to be granted for that purpose, with regard to the quantity of 'land to be given for stations, and with regard to eros ings with other roads, so that we may have a uniform 

system applicable to all these bills. And if the House will pass these 

bills in thi way without their being reported on by the Committee on the Public Lands, they will destroy the effort on the part of that committee to establish a uniform system. Mr. HOUGHTON. This bill is iu conformity with a number of bills 

that have already pa s 11. · The question being tn,ken on suspending tbe rules and passing the 

l)ill two-thirds did not vote in favor thereof, and the rules were not 

suspended. 

Mr. HALE, of New York. I move that it be referred to the Committee on the Public Lands. 

The bill was referred to the Committee on the Public Lands, twothirds having voted in favor thereof. 

EXAMINATION OF BOUNTY-LAND WARRANTS. 

The next business on the Speaker's table wa the bill (S. No. 7G:l) 

to exempt military bounty-land waJ.Tants, and the lands obtainell 

thereby, from sale on execution, or by virtue of any order or decree of 

court. The bHl was re:1d. Mr. KASSON. Let that bill go to the Judiciary Committee. 

Mr. HURLBUT. It onght to go to the Committee on the Public 

Lands, and I move that it l.Je so referred. The bill was referred to the Committee on the Public Lands, twothircls having voted in favor thereof. 

DANIEL S. l\IERSllON, JR. 

The next business on the Speaker's table was the bill (S. No. 134) 

for the relief of DanielS. Mershon, jr. 

The bill was read. l\ir. HAYS. This bill ha been considered by the Committee on Naval .Affairs, and baa been :1greed to bythat committee both in this 

Congress and the la t. 

l\ir. SPEER. No bill of this kind, appropriating so large a sum a.s 46,000, should pa on the last night of the se ion without debate. Mr. HAYS. I move that the rules be suspended and that the bill 

be pa sed. The question being taken on suspending the rules and passing the 

bill two-thirds did not vote in the affirmative, and the rule were npt suspended. 

Mr. HALE, of New York. I move that the bill be referred to the 

Committee on Claims. Mr. SMITH, of Penn ylvania. The bill ought to be referred to the 

Committee on War Claims. ~11:. ARCHER. The Committee on Naval Affairs· have made an elaborate examination of this case, and the bill ought to go to that 

committee. · 

l\ir. LAWRENCE. It properly uelongs to the Committee on War 

CJaims. . Mr. SPEER. It should go to the Committee on Claims. The SPEAKER. The first motion was that of the gentleman from 

New York [Mr. HALE] that the bill should be referred to the Committee on Claims. The Chair will submit that motion. 

The question being taken, the rules were suspended, (two-thirds 

voting in favor thereof,) and the bill was referred to the Committee on Claim . 

THE NAVAL MO~ mNT. 

The next business on the Speaker's table was the bill (S. No. 711) 

providing for the completion and location of the naval monument. 

The bill was read. Mr. PLATT, of Virginia. I de$ire to add to the commissioners named 

in the bill for the purpose of selecting the location for this monument 

the Commissioner of Public Buildings and tho Admir:1l of the Navy, 

ancl with thi& amenllment I move that t.he rule he uspended n,nll that 

the bill be pa sed. . The que tion being taken on suspen<ling the rules and pa ing the 

bill, two-thirds did not vote in the :1ffirmati ve, anti the rules were not 

suspended. l\ir. HALE, of New York. I move that the bill be referred to the 

Committee on Public Buildings and Grounds. The bill was referred to the Committee on Public Buildings anti 

Grounds, two-thirds voting in favor thereof. 

VAN R. MORGAN. 

The next bm;iness on the Speaker' table wa..s the bill (S. No. 325) 

to 'remove the political di abilities of Van R. Morgan, of Virginia. The bill was read. 

Mr. HUNTON. I move that the rules be suspended and that the 

bill be pa eel. Mr. G. F . HOAR. I desire to m:1ke a parliamentary inquiry. Can 

that bill be ameudell by adding to it the civil-rights bill 

The SPEAKER. The Chair, in pur uanceof the order nuder which 

the House is acting, must first recognize the gentleman from Virgini:1, 

[Mr. HUNTON,] who moves to put the bill on its passage. 

The question being taken on suspending the rules and passing the 

bill, there were ayes 96, noe not counted. So (two-thirds having voted in favor thereof) the rules were sus- pended, and the bill was pa ed. . 

JOH...'I JULIUS GUTliERill. 

The next bu ine. son the Speake1J table wa the bill (S. No. 3262) 

to remove the disabilities of John Julius Gutherie. The bill wa reall. 

Mr. RAINEY. I object to t.hat bill being passell. Mr. PLATT, of Virginia. I move that the rules be suspenued ::mil 

that the bill be passed. _ The rules wer suspended, (two-thirU.s voting in favor thereof,) 

and the bill :was passed. 
1874. CONGRESSIONAL RECORD. 5395 

C. L. STEVENSON. 

The next business on the Spea.ker's table was the llill (S. No. 906) 

to relieve C. L. Stevenson, of Virginia, of his political disabilities. 

Mr. SENER. I move that the rules ue suspended aml the bill be 

passed. · 

The question was taken; and (two-thirds voting in fa,vor thereof) 

the roles were suspended, and the bill was passed. 

UNITED STATES DISTRICT COURTS IN LOUI IA A. 

The next business on the Speaker's table was the bill (S. No. 88) 

for the better organization of the district courts of the nited States 

within the State of Louisiana. Mr. WARD, of lllinois. It is not neces ary to read that bill. I 

move that the rules be suspended and that the bill be referred to the 

Committee on the Judiciary. The question was taken; and (two-thirds voting in favor thereof) 

the rules were suspended, and the bill was referred to the Committee on the Judiciary. 

CLERKS OF UNITED STATES COURTS. 

The next business on the Speaker's table wa the bill (S. No. 7G2) 

to compel the performance of certain duties by clerks of courts of 

the United States. 

The :first section of the bill provides that if any clerk of any district or circuit court of the United States shall w illfolly refuse or neglect to make any report, certificate, statem nt, or other document 

required by law to be by him made, or shall willfully refuse or neglect to forward any such report, certificate, tatement, or docu.-

ment to the Department, officer, or person to whom, by law, the arne should be forwarded, the President of the United States is em- powered, and it is hereby made his duty, in every such ca e to remove such clerk so offending from office by an order in writing for that 

purpose. And upon the presentation of such order, or a copy thereof 

authenticated by the Attorney-General of the United States, to the 

judge of t h e court whereof snch offender is clerk, snch clerk shall 

thereupon be .deemed to be out of office, and shall not exercise the 

functions thereof. And such judge, in the ca e of the clerk of a district court, shall appoint a succes or; and in the cas e of the clerk of a circuit court, the circuit judge shall appoint a succe or. And such 

per on so removed shall not be eligible to any appointment as clerk or deputy clerk for the period of two years n ext after such removal. 

The econd section provide that if any clerk or other offi_cer of 

the United States mentioned in the preceding section shall willfully 

refuse or neglect to make or to forward any such report, certi:fi.cate, 

statement, or document therein mentioned, he shall be deemed guilty 

of a misdemeanor, and shall be puni heel by a fine not exceeding 

$1,000, or by imprisonment not exceeding one yeal', in the discretion 

of the court; but a conviction under this section shall not be neces- Rary as a precedent to the removal from office provided for in sec- tion 1. · Mr. MAYNARD. It seems to me that this bill ought not to pass. 

The clerks of the United States courts are createll by judicial authority; they are a part of the judiciary, and I think a provision allowing the Chief Executive of the nation to interpo e in certain cas es ancl ~veto him the power of removal is wrong, because that power 

should rem:tin with the appointing power; that is to say, the oourts. I trust, therefore, that this bill will be referred to t he J ndiciary Com- mittee where it can be amended. 

1\lr. SENER. Mr. Speaker, ther~ is great need for the passage of 

just such a bill as this. The appointing power is in the courts, as the 

gentleman says, and Judge Busteed, of Alabama, appointed his cor- rupt son-in-law to this office and he defrauded th Government to the 

extent of 12,000, and that clerk was not until very recently removed. Mr. MAYNARD. That is a very good reason why the judge should 

be impeached, and if the gentleman knows the fact which he states, 

it is a reason why he should prepare articles of impeachment. 

Mr. SPEER. The Attorney-General in his annual report complained 

of the defect in the law in regard to the appointment of these clerks. Mr. SENER. The House virtually passed a bill like this, and they 

did it at the request of the Attorney-General. 

1\Ir. MAYNARD. I have no doubt the Attorney-General would be 

glad to run the courts of the United States, and perhaps the Pre ident would. 

:Mr. HALE, of New York. I hope the bill will be referred to the 

Committee on the Judiciary. 

Mr. SENER. I insist on my motion that the rules be suspended 

and the bill passed. 

The question was taken on Mr. SENERS' motion; and, on a division, 

there were ayes 14, noes not counted. 

So (two-thirds not voting in favor thereof) the bill was not pa sed. 

Mr. MAYNARD. I move that the rules be suspended and that the 

bill be referred to the Committee on the Judiciary. . The question was taken, and (two-thirds voting in favor thereof) 

the rules were suspended and the motion wa agreed to. 

OXYGEN GAS COMPANY OF THE DISTRICT OF COLUMBIA. 

The next business on the Speaker's table was the bill (S. No. 856) 

to incorporate the Oxygen Gas Company of the District of Columbia. Mr. SESSIONS. I move that the rules be suspended and that that 

hill be referred to the Committee on Public Bniluings and Grounds. 

Mr. BUNDY. I hope the bill will pass, and f move that the rules 

be suspended for that purpo e. Mr. RANDALL. It seems to me that it ought to be examined by some oommittee of the Honse. The bill was read. Mr. SESSIONS. I hope this bill will be referred to the Committee on Public Buildings and Grounds. · 

Mr. MAYNARD. This bill is in oppo ition to a ·monopoly, and it 

ought to pa s. 1\Ir. 0 NEILL. I move that it be laid upon the table. 

Mr. RAl\TDALL. Has any committee of the House examined the 

bill f I think it should be referred to the Committee on the District 

of Columbia. 

Mr. BUTLER, of Tennessee. Is it not in order to refer the bill f 

The SPEAKER p1·o tempore. There is a motion pending to suspend 

the rules and pas t-he bill, which takes precedence. The question was put on seconding the motion of 1\Ir. BUNDY to 

suspend the ruJes and pass the bill ; and on a division, there were- ayes 50, noes 60; no qnortun voting. 

Tellers were ordered; and Mr. BUNDY and 1\fr. SES IONS were ap-pointed. The House divided; ::md the tellers reported- ayes 69, noe 79. 

So the motion to suspend the rules and pass the bill was not sec- onded. Mr. HALE, of New York. I move to suspend the rules and refer the 

bill to the Committee on the District of Columbia. 1\Ir. BUNDY. I hope the bill will remain on the Speaker's table. 

Mr. PELHAM. I moved to refer the bill to the Committee on Pub- lic Buildings and Grounds, and I now withdraw that motion. 

The SPEAKER p1·o ternpore. It was the gentleman from New York 

[Mr. SESSIONS] who made the motion. . Mr. SESSIONS. I now move that the rules be suspended and the 

bill be r eferred to the Committee on the Di ti.ict of Columbia. 

Mr. BUNDY. I object to that. 

The question was put on seconding Mr. SESSIO.r 's motion to sus- pend the rules ; and on a division there were-ayes 7 4, noes 15; no quorum voting. Tellers were ordered; and Mr. CESSNA and Mr. SESSIONS were appointed. · 

Mr. CE SNA. I de ire to inquire if this is a enate bill 

The SPEAKER pro tempore. It is. 

Air. CESSNA. If the motion to refer is voted down, will the bill 

remain upon the SpeaketJs table¥ 

The SPEAKER pro tempm·e. It will. 

1\fr. CESSNA. I hope the House will then r efuse to refer. Ur. O'NEILL. I hope the House will refer the bill and get it out 

of the way. 

Mr. SESSIONS. I ·Nithdraw the motion to refer. 

The SPEAKER pro tempm·e. The motion to refer being withdrawn 

the bill will remain upon the Speaker's table. 

BILLS REFERRED. 

The following bills were taken from the S-peaker's table, and under a suspension of the rule (two-third voting in favor thereof) referred 

to the Committee on Milita.ry Affa.irs : A bill (S. No. 323) for the relief of Charles W. Biese,.late seoond 

lieutenant of the Eighty-second Regiment Illinois Volunteers; 

A bill (S. No. 344) for the r elief of William Bowlin; 

A bill (S. No. 324) for the relief of M. von Entre s Fuerstenck, late 

second lieutenant of the Sixty-eighth New York Volunteers; and 

A bill (S. No. 345) for the relief of Alvis Smith. 

JOHN SRELTON. 

'I'he next busine s on the Speaker's table was the bill (S. No. 436) 

for the relief of Lieutenant John Shelton. 

The bill directs the Paymaster-General to pay to J ohn Shelton, late 

lieutenant Company E, Seoond North Carolina Mounted Infantry, out 

of any money appropriated for the pay of the Army, the full pay and 

allowanoe of a :first lieutenant o.f infantry from the 1st day-of Sep- _t ember, 1 63, to August 16, 1865, less the pay he received as a private 

in said· company. 

1\Ir. VANCE. I move that the rules be suspended and this bill 

passed . Mr. GUNCKEL. I move that it be referred to the Committee on Military A.:ffairs. The SPEAKER p1·o tempore. The question is first upon the motion 

to suspend the rules and pass the bill. 

'fhe House divided; and there were-ayes 23, noes 30 ; no quorum 

voting. 

Tellers were ordered; and Mr. VANCE and Mr. HURLBUT were appointed. · Mr. VANCE. I have the report of the Senate oommittee here, and it can be read if de ired. 

The SPEAKER pro temp01·e. No debate i in order. 

The House divided; but before the tellers r ported the result of the 

vote, . Mr. HURLBUT, (one of the tellers) said: I withdraw the demand 

for any further count. . o the motion to suspend the rules was seconded; and (two-thirc:l~ 

voting in favor thereof) the rules wa suspended and the bill p:.LS ed. 
5396 CONGRESSIONAL RECORD. JUNE 22, 

ENROLLED BILLS SIGNED. 

Mr. PENDLETON, from the Committee on Enrolled Bills, reported 

that the committee had examined and found truly enrolled bills of 

the following titles; when the Speaker. signed the same: An act (H. R. No. 2884) granting the right of way through the 

public lands to the Arkansas Valley Railway Company; 

An act (H. R. No. 2897) authorizingthePresidentto appoint George 

Henry Preble, now a captain on the active list of the Navy, to be 

commodore; 

An act (H. R. No. 3506) for the relief of ·william Tod Helm_uth, of 

New York; and 

An act (H. R. No. 3773) to further define and enlarge the powers 

and duties of the board of health of the District of Columbia. 

ORDER OF BUSINESS. 

Mr. RANDALL. I move that the Holise now take a recess until 

eleven o'clock. 

Mr. FIELD. I hope ·not. 

:Mr. MAYNARD. What is the hour of final adjournment f 

The SPEAKER pro tempore. No hour is fixed by the or<ler of the 

two Houses. Mr. KELLEY. I call for the yeas and nays on the motion for a 

recess. The yea8 and nays were not ordered, there being only 6 in the affirmative. The question was taken on the motion for a recess; anll upon a division there were- ayes 78, noes 30. 

Before the result of this vote was announced, 

Mr. PARKER, of Missouri, calle<l for t ellers. Tellers were not orclered, there being 15 in the affirmative, not onefifth of a quorum. 

So the motion was agreed to; and accordingly (at ten o'clock and 

forty minutes p. m.) the House took a recess until eleven o'clock 

p.m. AFTER THE RECESS. 

The recess having expired, the House reassembled at eleven o'clock 

p. m., Mr. WHEELER in the chau· as Speaker p1·o tempore. 

ORDER OF BUSINESS. 

Mr. BUTLER, of Massachusetts. I ask unanimous consent to introduce a bill for the relief of political disabilities. The SPEAKER pro tempm·e. The Chail· does not feel at liberty to 

entertain that proposition, as the House is engaged in carrying out a previous order, the consideration of business on the Speaker's table, 

under a suspension of the rules. Mr. BUTLER, of Massachusetts. I move to suspend the rule~ for 

the purpose of passing this bill. 

Mr. ELDREDGE. I move that the House take a recess until nine 

o'clock to-morrow morning. Mr. BUTLER, of Ma sachusetts. Why is uot my motion in order 

to suspend the rules ' 

The SPEAKER JYI'O tempore. The House is acting now under a suspension of the rules. Mr. ELDREDGE. I understan<l that the po. t-office and the river 

and harbor appropriation bills will not be here to-night, and I insist 

upon my motion for a recess until nine o'clock to-morrow morning. 

The motion for a recess was not agreed to. 

WILLIAM M. KIMBALL. 

The House proceeded to the consideration of business ou the Speaker's table; and the next bill was Senate bill No. 455, for the relief of 

William 111. Kim ball. 

Mr. O'BRIEN. I move that the rules be suspended and this bill 

referred to the Committee on Military Affair . The motion was agreed to, (two-thirds voting in f:wor thereof;) 

and the bill was accordingly referred. 

Oll.DER OF BUSINESS. 

Mr. BlJRCHARD. I move that the House take a recess until twelve o'clock p. m. Mr. CESSNA. I hope that the gentleman will yield to allow me to 

report a joint resolution from the Judiciary Committee. 1tir. BURCHARD. I cannot yield. The question being taken on the motion of Mr. BuRCHARD, there were--on a division, ayes 72, noes, 30. 1\ir. ELDREDGE called for tellers. 

Tellers were or<lm·ed; and Mr. ELDREDGE and 1tir. BuRCIIARD were appointed. 

The House divided; but before the tellers had reported, 

1\Ir. BURCHARD su.id : I withdraw my motion for the present. 

ENROLLED BILLS SIGNED. 

Mr. PENDLETON, from the Committee on Enrolled Bills, reported 

t h at the commit.tee had ex:mrined and found truly enrolled bills of 

tbe followin(T title ; when the Speaker signed the same : An act (S.No. 277) rnakin~ an appropriation for the payment of 

792.46 dne tile late James L:Day, of Connecticut, for transporting 

the mails over post-route No. 8151 ; 

An act (S. No. 443) to provide for the payment of legal services ren- dered by Edmund Randolph to the United Stn.tes; 

An act (S. No. 552) to refnnd to E . and J . Koch certain customs 

duties; 

An act (S. No. 849) to prevent hazing at the Naval Academy; and 

An act ( S. No. 875) for the relief of Thomas Hughes. 

ORDER OF BUSTh'ESS. 

Mr. ELDREDGE. I move that the House take a recess till nino 

o'clock to-morrow morning. Mr. FIELD. Make it seven. The question being taken on the motion of Mr. ELDREDGE, there 

were-ayes 35, noes 42; no quorum voting. - · Tellers were ordered; and :Mr. ELDREDGE and Mr. ELLIS H. RoB- ERTS were appointed. 1\ir. SPEER. May I ask the Chair when Congress will be com- pelled to adjourn under the resolution already passed, if no further action be taken on that subject f 

The SPEAKER. Unle s somA arrangement be made for a prolongation of the session, Congre will be compelled to adjourn at eleven 

o'clock to morrow. Mr. SPEER. Then I think we oqght not to take a recess until to- morrow morning. 

Mr. ELDREDGE. The impartant bills that are to come over from 

the Senate will not be here to-night; and we may just as well take a r~cess till nine o'clock in the morning as to stay here. 1\Ir. MOREY. I am informed that if we should adjourn sine die at 

eleven o'clock to-morrow morning, it will be impossible to have all 

the important bi1ls enrolled by that time. 

I\ir. 1\IAYNARD. If we meet to-morrow morning at nine o'clock 

it will be very easy to extend the session for a few h01us ; and thn,t 

will be much better than staying here to-night at this late hour and tryin~ to legislate. Mr. KASSON. In view of the fact stated by the gentleman from Louisiana [Mr. MOREY] that the enrolling of the important bills can- not be completed in time if we should adjourn sine die at eleven 

o'clock to-morrow, n.nd in view also of the fa~t that we cannot act 

to-night on the important bills yet peniling unles we remain here very late, I move the following concurrent resolution: 

Resolved by the Hou,se o.f Representatives, (the Se·nate concurring,) That tbe two Houses of Congress shall be adjourned sine die at three o'clock p. m., June 23. 

1\lr. SPEER and others. O, no! 

Mr. SEJ>.TER. What is the regular order f 

The SPEAKER. The regular order is the count by tel1ers on the 

motion of the gentleman from Wisconsin [1\lr. ELDREDGE] for a recess till nine o'clock to-morrow morning. 

Mr. SENER. Then I call for the regular order. I believe that is 

my right as a member. The SPEAKER . . The Chair ls waiting to see whether some ac- commodation can be reached. 

1\Ir. ALBRIGHT. Why can we not go on now with the consideration of business on the Speaker's table' 

Mr. GARFIELD. I hope that the House will not take a recess'- nntil to-morrow morning, before the conference report on the po toffice appropriation bill has been acted on. The SPEAKER. Can the chairman of the Committee on Appropriations ~ve any statement a. to how the bills which are in confer- ence stand.' 

:Mr. GARFIELD. The conference on the sundry civil appropriation. 

bill is two-thirds complete<l; but we cannot get through that tonight; and tmless the other conference reports-those on the river 

ami harbor bill and the post-office bill-can be di posed of to-night, the 

business of enrollment will be crow<led so much that I do not believe we shall be able to adjourn sine clie by eleven o'clock to-morrow. The SPEAKER. The Chair does not hesitate to say that he has no idea that the two Houses can adjourn sine die at eleven o'clock to- morrow. Mr. KASSON. I ask the chairman of the Committee on Appropriations why it would not be better to fix three, four, or :five o'clock to- morrow afternoon for the a{}journment sine die, and then commence business to-morrow morning at nine o'clock, and proceed with it r egu- larly so as to allow the clerks t.l :finish up the work properly 

Mr. \VILLARD, of Vermont. llas the chairman of the Committ.He on Appropriations any idea when the reports on the appropriation 

bills still pending will get here from the Senate f 

The SPEAKER. The Chair observes that the gentleman from Indiana, [Mr. TYNER,] chairman of the conference committee on the 

post-office appropriation bill, is now in the Hall. lie can doubtless state the conilition of business on that bill. 

Mr. TYNER. The conference committee on the post-office appropriation bill has agreed on its report; but it will probably take au hour to draft the report to be presented to the Senate. After the 

Senate shall have acted on the report it ·will of course come to t he 

House for its action; but I mu.y say in this connection that probably 

the report will provoke very considerable debate in the Senate, a1Hl 

it is impossible to indicate at what time it will be ilispo ed of there. 

Mr. GARFIELD. I ask the gentleman from Mi ouri, [Mr. WELL ,] 

who is upon tile conference committee on t.be river and harbor bill, 

to state whether tho committee on that subject has yet agreed. 

Mr. WELLS. The committee has agreed on its report. The SPEAKER. The Chair understands that t he Senate is now engaged in considering the conference report upon the Geneva award. · 
1874. CONGRESSIONAL RECORD. 5397 

1\Ir.l\fAYNARD. 1\Ir. Speaker, how many conference committees 

are there now outT 

The SPEAKER. The conference committee on the post-office appropriation bill, on the river and harbor bill, on the sundl·y civil 

appropriation bill. and on the tariff bill. The report on the Geneva 

award, which has'ueen agreed to in the House, is still pending in the 

Senate. _ Mr. IAYNARD. All these conference reports must be consitlered 

first in the Senate under tbe rule before they get to the House. 

Mr. COBURN. I bope we will now take ·a recess for an hour. 

The SPEAKER. If the Chair be allowed to make a suggestion, 

and it is his duty to do so at this time, it will be obviously impossiule in the present condition of the public business, without much 

hurry, for the House to acljourn at eleven o'clock to-morrow morning; 

and therefore a ln.ter hour, I hope, will be suggested to !ihe Senate, 

to see if some arrangement cannot ue made between the two Houses 

in that regard. · 1\fr. CESSNA. I ri e to make a parliamentary inquiry. Suppose 

the Rouse should extend the session until to-morrow at three o'clock 

in the afternoon, and the Sena.te should not agree to that concurrent 

resolution on the part of the House, what then would be the condition of affairs ¥ · 

Tbe SPEAKER. The two Houses would be compelled to adjourn 

at eleven o'clock a . m. to-morrow if no further action be taken by 

the two Houses extending the hour of adjournment. If the t.wo 

Houses do a.djourn at eleven o'clock to-morrow mornillg some of the 

bills will be lost. 

1\Ir. CESSNA. But suppose the House take a recess from now until seven o'clock to-morrow morning¥ 

The SPEAKER. The House would then sit here two hours without a qnorum. Mr. CESSNA. If the two Houses should agree to extend thesession to three o'clock to-morrow and the House should they move to 

take a recess until ten o'clock to-morrow morning, does the Chair 

think we could accomplish the puulic ousiness without further difficulty'/ 

The SPEAKER. The Chair thinks under that arrangement the 

pnblic business could be done. The four conference reports now due 

must be first reported in the Senate. Under the parliamentary law 

they must·all be considered first in the Senate before they come to 

the House for its action. 

Mr. CESSNA. Then I make that motion. 

The SPEAKER. The question now pending is on the motion of 

1-he gentleman from Iowa, [Mr. KAssoN,] that a concurrent resolution be passed by the Honse and sent to the Senate that the Presi4lent of the Senate and the Speaker of the House adjourn their re ·pective Houses on Tuesday, 23d of June, a.t three o'clock p.m. 

Mr. KASSON. At the suggestion of gentlemen about me I will . make it four o'clock. 1\lr. GARFIELD. I believe if the House adjourns until seven o'clock 

in the morning we can get through with the business uy the hour of 

eleven o'clock for final adjournment. 

The SPEAKER. The Chair suggests if that cour e be taken the 

pnblic business will then be done with extraordinary haste, and so fa-r a the Chair can see without any compensation for the risks inolved. 

Mr. GARFIELD. I am willing to agree to an extension of thesession until three o'clock to-morrow afternoon. 

The SPEAKER. The Chair will put it in thatfm·m, thatthe President of the Senate and the Speaker of the House hall adjourn their 

respective Houses on Tuesday, June 23, at fou;r o'clock p.m. • Mr. BUTLER, of Massachusetts. Defore we agree to anything of 

the kind I wish to aka question of the chairman of the Committee on Appropriations, whether there will be any attempt to revive the 

ci vii service¥ 

Mr. GARFIELD. The committee of conference have not reached 

that poTtion of the bill. 

1\lr. BUTLER, of Massachusetts. That will take some time. 

Mr. ELDREDGE. If we are to act on any proposition I should 

like to know what is going on on the republican side of the House, 

for we cannot hear on this side what is going on. 1\Ir. SPEER. I move that the House take a recess for half an hour. 

The SPEAKER. The pending question is more highly privileg~d. 

As the motion h as been amended it now is that a concurrent reso- lution be passed by the House to the effect that the two Houses shall 

anjourn ftine die on Tuesday, Jtme 23, at four o'clock p.m. 

The concurrent resolution was adopted. 

Mr. KASSON moved to reconsider the vote by which the concurrent 

resolution was a.clopted; and also moved that the motion to recon- sicler be laid on the table. The latter motion was agreed to. · 

1\Ir. PARKER, of Missouri. I now move to take a recess until nine 

o'clock to-morTow morning. 

1\Ir. GARFIELD. I think we had better wait until we hear from 

the Senate in r eference to thls concurrent resolution. 

1\fr. ELDREDGE. I move to take a recess for half an hour. 

The motion was agreed to. And then (at eleven o'clock and twenty minutes) the House took a recess until ten minutes to twelve o'clock m. 

AFTER THE RECESS. 

At ten minutes to twelve o'clock m. the House resumed its session. 

1\fi'. RANDALL. I move to take a recess until nine o'clock to-morrow morning. 

Mr. Speaker, has the Speaker any information that the concurrent 

resolution adopteu by the House has been concurred in by the Senate 'f 

The SPEAKER. The House has not ueen officially notified of the 

fact, but the Chair understands that the concunent resolution has been 

adopted by the Senate. 

Mr. BECK. I hope we will not take a recess, as we will soon receive 

the report of the committee of conference on the tariff bill. 

1\fr. RANDALL. I withdl·aw my motion. 

JOHN R. POLK. 

The noxt business on the Speaker's table was the bill (S. No. 476) 

for the relief of John R. Polk. 

Mr. WILLARD, of Vermont. I move that bill be referred to the 

Committee on Military Affairs. 

The motion was agreed to .. 

MRS. LOUISA JACKl\IAN AND MRS. 1\IARTHA VAUGHN. 

The next business on the Speaker's table was the bill (S. No. 502) for 

the relief of Mrs. Loui a Jackman and the legal representatives of 

Mrs. Martha Vaughn. · 

The bill was read. 

1\Ir. DURHAM. I move that the bill be put on its pa"Bsage. 

1\fi' .. WILLARD, of Vermont. That should be referred to the Committee on War Claims. 1\fr. DURHAM. It has been thoroughly investigated in the Senate, and I insist on my motion tb.at the ~ill be paased. . The question being taken on suspendmg the rules and passmg the 

bill, two-thirds did not vote in the affirmative and the rules were not 

suspended. . . Mr. WILLARD, of Vermont. I move that the bill be referred to 

the Committee on War Claims. 

The bill was referred to the Committee on War Claims, two-thirds 

voting in favor thereof. WILLIS N. ARNOLD. 

The next business on the Speaker's table was the bill (S. No. 574) 

for the relief of Willis N. Arnold. 

The bill was read. 

1\Ir ATKINS. I move that the bill be referred to the Committee 

on War Claims. 

The bill was referred to the Committee on War Claims, two-thirds 

voting in favor thereof. 

WRECK OF TBE BARK TORRENT. 

The next business on the Speaker's table was the bill (S. No. 704) 

for the relief of the non-commissioned officers and men of the United 

States Army who were sufferers by the wreck of the bark Torrent. 

The bill was read. 

Mr. WILLARD, of Vermont. I move that the bill be referred to 

the Committee on Military Affairs. 

Mr. SPEER. The bill ought to be referred to a committee by all means. It specifies no sum. The bill was referred to the Committee on Military Affairs, twoJ;hirdsvoting in favor thereof. 

REPRESENTATIVES OF GEORGE SCHWARTZ. 

The next business on the Speaker's table was the bill (S. No. 71 ) 

for the relief of the legal representatives of George Schwartz, deceased, late a private in Company F, Fifth Regiment Wisconsin Volunteers. 

The bill was rean. 1\fr. HAZELTON, of Wisconsin. I move that the rules be suspended 

and that the bill be passed. 

The question being taken on suspending the rules and passing the 

bill, two-thirds did not vote in favor thereof, and the rules were not 

suspended. 

Mr. COBURN. I move that the bill be referred to the Committee on Military Affairs. , The bill was referred to the Committee on Military Affairs, twothirds voting in favor thereof. 

FORT BRADY MILITARY RESERVATION. 

The next business on the Speaker's table was the bill (S. No. 757) 

to donate a certain portion of the military reservation of Fort Brady 

to school district No. 1, in township of Sault Sainte 1\farie, and State 

of 1\Iichi:f~.an, for school purposes. 

The bill was read. 

1\fr. WILLARD, of Vermont. Has that bill been considered by 

any committee f 

Mr. HUBBELL. It has been considered fully in the Senate. 

Mr. WILLARD, of Vermont. Has it been considered by any committee of the House¥ 

Mr. HUBBELL. It has not been considered by any committee of 

the House, but it is all right. I knowit is. I move that the rules be 

suspended and that the bill be passed. The question being taken on suspending the rules and passing the 
5398 CONGRESSIONAL RECORD!' JUNE 22 ' 

bill, two-thirds did not vote in favor thereof, and the rules were not 

suspended. 

Mr. ELLIS H. ROBERTS. I move that the bill be referred to tho 

Committee on Military Affairs. The bill was referred to the Committee on Military Affairs, twothir<ls voting in f:1vor thereof. 

ALEXANDER MINOR. 

The next busines on the Speaker's table was the bill (S. No. 671) 

for the relief of Alexander :Minor, of 'Nest Virginia. 

The bill was read. 

l\Ir. WILLARD, of Vermont. That bill should go to the Committee on Military Affairs. 

Mr. LOWNDES. I move that the rules be suspended and that it 

be put upon its passage. The question being taken on suspending the rules and passing the 

bill, two-thirds did not vote affirmatively, and the rules were not 

susnended. · 1\ir. WILLARD, of Vermont. I now move that the bill be referred 

to the Committee on l\Iilitary Affail:s. 

The bill was referred to-the Committee on 1\!ilitary Affairs, twothirds voting in favor thereof. 

DANIEL H. KELLY. 

The next business on the Speaker's tabl~ wa the bill (S. No. 841) 

to pla~e the nam of Daniel H. Kelly upon the muster-roll of Company F, Second Tenne see Infantry. 

The bill was read. 

Mr. WILLARD, of Vermont. I move that the bill be referred to 

the Committee on Military Atfail·s. The bill was referred to the Committee on Military Affairs, twothirds voting in favor thereo~. 

ll:lAJOR J. W. NICHOLLS. 

The next busine son the Speaker's table was the bill (S. No. 769) 

for the relief of Major J. W. Nicholls, paymaster United States Army. 

The bill wa-s read. 

Mr. BANNING. I move that the rules be suspended and that the 

bill be pa sed. 

Mr. SPEER. I objected to that bill two or three hours ago, but I 

have been assured by the gentlem:m from Ohio [:Mr. BANNING] and 

the gentleman from Tennes ee [Mr. MA YNABD] tha,t the bill is right. 

They so stated to me on their own personal knowledge, and I withdraw my objection. 

Mr. ELLIS H. ROBERTS. Has the uill been before a House com- mittee 

l\Ir. PARKER, of Missouri. When this bill wa-s introduced into 

the Senate I introduced a silnilar bill in the Hou e and it went to the 

Committee on Military Affairs. The mn.jority of the committee approved the bill, although they have not formn.lly reported it. 

The question being taken on suspending the rules and pa sing the 

bill, two-thirds did not vote in the affirmative, and the rules were not 

suspendeu. . The bill remained on the Speaker's table. 

Mr. ELDREDGE. I renew my motion to take a recess, and will 

make the hour ten o'clock instead of nine. 

E. C. GILLEWATERS. 

l\Ir. LA. 1A.R, by unanimous consent, introduced a bill (H. R. NC:. 

3779) for the relief of ·E. C. Gillewaters, one. of the sureties of A. W . Patterson, ln.te United States maa."'hal for the northern di trict of 

Mississippi; which was read a :first and second time, referred to the 

Committee on the Judiciary, n.nd ordered to be printed. 

REMOVAL OF POLITICAL DISABILITIES. 

1\Ir. MORRISON. I ask leave to have passed a billfortheremoval 

of the political disabilities of Marcellus P. Christian, of Lynchburgh, 

Virginia. 

1\Ir. RANSIER. I object. 

Mr. MORRISON. I move that the rules be suspended ancl the bill 

passed. The SPEAKER. That cannot be done. 

:Mr. CONGER. I desire to make some reports from the Committee on Commerce. 

Loud cries of "Regular order." 

Mr. ELDREDGE. I now insist on my motion for a recess. 1\Ir. DAWES. I hope the gentleman will withdraw thn.t motion 

for a few moments that we may receive the report of the committee 

of conference on the ta,riff bill. The PEAKER. Has the gentleman from 1\Iassn.chusetts any information as to the position of that bill T 

Mr. DAWES. The report of the committee of conference was agreed to in the other branch of Congress half an hour ago. 

The SPEAKER. Then what detains itT 

Mr. DAWES. I really do not know. 

1\Ir. ELDREDGE. That bill can easily be engrossed in the morn- ing, and our remaining in session to-night will not facilitate matters 

at all. 

~Ir. HAZELTON, of Wisconsin. The House is too thin to act on a mea ore of that importance to night, and I hope that the motion of 

the gentleman from Wisconsin will be agreed to. 

1\Ir. O'NEILL. I hope we shall not take a recess. Another com- mittee of conference will soon be ready to report. 

The SPEAKER. What committee :is that T 

Mr. 0 NEILL. The eommittee of confe.rence on the bill regulating gas-work. 

The question W:lS on the motion of Mr. ELDREDGE, that the House 

take a r ces. 

~Ir. ELDREDGE. I ob erve that the Clerk of the S nn.te :is here with a message, and I withdraw my motion for the present. 

1\lE SAGE FROM THE SENATE. 

A me&~age from the Senn.te, by 1\Ir. SYMPSON, one of their clerks, 

announced that the Senate had agreed to the amendment of the Hou ·e to the bill (S. No. 930) to authorize the Farmers' National Bank at 

Greensburgh, Pennsylvania, to change its location and name. The message fmther announced that the Senate had agreed to the 

concurrent resolution of the House providing for the printing of the 

reports of the United State commissioners to the Vienna, exposition, 

under the direction of the Secretary of State. 

The me age further announced that the Senate had agreed to the 

concurrent resolution of the House providing that the present se , ion 

of the Forty-third Congress be extended until four o'clock p. m., 

Tuesday, June 23. · 

The me a,ge further announced that the Senate had agreed to the 

report of the committee of conference on the di agreeing votes of the 

two Houses on the bill (S. No.7) for the creation of a court for the 

adjudication and disposition of certain moneys received into the Tre - m·y under an award made uy the tribunal of arbitmtion constituted 

by virtue of the first article of the treaty of \V ashington of May 8, 1871. 

The message further announced that the Sena,te had agreed to the 

repm·t of the committee of conference on the disa,greeing votes of the 

two Hou es on t.he bill (H. R. No. 3572) to amend existing customs 

and internal-revenue laws, and for other purposes. 

TARIFF AND L~TERNAL-REVENUE LAws. 

1\lr. DA. WES. I submit the report, which I send to the Clerks 

de k, from the committee of conference upon the tariff bill. 

The Clerk read the report, as follows : 

The committee of conference on the disagreeing votes of the two Houses on tho 

amendments to tho bill (H. R. No. 3572) "to amend e::ri tino- custolll8 and internal- revenue mws, and for other purpo es," having met, after full and free conference 

ha,ve agr d to recommend to their respective Houses as follows: 

That the House recede from its disagreement to the amendments of the Senate numbered 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 

27, 28, 29, 30. 32, and 36; anu agree to the arne. That the Senate recede from its amendm nt nw:nbered 31. 

That the House recede from its di agreement to the fifth amendment of theS n- ate, and agree to the same with an amemlment a1:1 follows: Insert in lieu of llie 

words proposed to be stricken out, the words: "Provided also, That there shaJ.l b an allowance Of 5 J;>er cent., and DO more, on ali etferv cing wines, liquors, COI'di.'lls, 

and distilled spirits, in bottles, to be deducted from the invoice quantity in lieu of 

breakage;" and the Senate agree to the same. That the House recede from its disagr em nt to th thirty-third amendment of 

the enate, and agree to the same with an amendment as follows: In lieu of "23," 

(the number of the section,) proposell to be insert d, insert "24 ;" and the Senate 

agree to the same. That the House recede from its dh!agr ement to the thirty-folU'th amendment of 

the Senate, and aw-ee to the same with an amendment a follow : In lieu of '' 24," 

(the number of the section,) proposed to be inserted, insert "25 ;"and the Senate 

agree to the same. That the House recede from its disagreement to the thirty-fifth amendment of 

the Senate, and agree to the same with an amendment as follows: In lieu of "25 " 

(the number of the section,) propot~ed to be inserted, insert "26 ;" and the Senate 

agree to the same. They further recommend that in section 7, page 5, line 21, after the word "returned," the word "empty" be inserted. 

H.L.D.A.WES, WM. D. KELLEY, 

Manage1·s on the part of the House. 

JOliN SHERMAN, 

JU TIN S. MORRILL, 

T. F. BA.Y.ARD, 

Managers on tlw part of the Senate. 

1\Ir. HARRISON. I wish to inquire of the chairman of the com- mittee [Mr. DAWES] whether the amendm nt of the Senate in relation 

to giving ·producers of tobacco the privilege of selling 100 worth 

annually on the premises ha been agreed to T 

Mr. DAWES. I will state to the llou e the nature of the report on which we have agreed. As I said when the confer nco committ e was appointed, all the Senate amendment were reductions ; no ne.w article was put into the bill by the Senate; whatever changes that 

body ha.s made were reductions of the rates fixed by- the House. 

There were two points upon which I regret to say the HoW!e con- ferees were compelled to yield to the Senate. One wa the point jn t 

alluded to by the gentleman from Tenne ee, [Mr. HARRI ON.] We were obliged to as ent to striking out the provision inserted by the 

House to permit the aJe of '100 worth of tobacco annually upon the 

premises where it is grown. The other is the advance of five cents a pound upon hops. I will stn.te the reasons why the committee were compelled to yield. Upon the question of tobacco the Hous committee were met uy a unanimous committee on the part of tile other branch, and by t lle 

Commissioner of Internal Revenue, enforcing upon th m the argument that while there might be some hard hip in denying to a small 

producer of tobacco the privile~e of selling it upon the premises 

without a license, still it would, m the opinion of the Commissioner 
1874. CONGRESSIONAL RECORD. 5399 

of Internal Revenue and of the conferees from the other branch, which the gentleman from Connecticut has alluded in advance of 

break down the entire system. That was the a,rgument, as it has what I was going to say about it. vVe called their attention to the 

been the argument of the Executive Department of the Government method proposed by the gentleman. We were met by the answer for many years. This question was raised in the last Congress, and that in the last hours of this session to adopt an entirely new, un- this identical provision was at that time adopted by the House, and tried, and uncertain experiment upon so la.rge a matter of tarxation 

when it went to the Senate the s::une arguments from the Commis- as that suggested by the gentleman from Connecticut was hazardous, sioner of Internal Revenue and those employed under him to collect and that it would be better to postpone the subject till the next ses- t h e tax had precisely tho same effect 3 has been had in this ca~e. sion of Congress. I will say, as I think it is proper to say, that it is 

The provision was struck out. We were compelled in a more gen- the intention of the committees of both branches before the meeting ·ral revision of the tariff, at the last session, to yield that point as of the next Congress to prepare themselves, with the assistance of the we have been compelled to yield it to-day or lose this tariff bill. Treasury Department, to present very early in the next session-on 

Upon the question of hops the committee of the House presented to the very first day if possible-a more mature and comprehensive bill 

the Senate committee the fact of the vote of this House; and we were upon this subject. Of course no one can tell to what extent H will met by the information that the Senate upon a yea and nay vote, embrace particular subjects either of internal taxation or of customs 

after discussion, had by a v ery strong majority stricken out that item dut;es; but they do not intend, if this bill be adopted, to leave it as of the bill. The conference c::une pretty near· being broken up on the whole work of ~he Forty-third Congress upon the subject of the 

this point. The committee on the part of the House only yielded at tariff. They' intend to carry it on with the help of such efforts as the last moment t.o avoid an entire breaking up of the conference. may be maclo during the recess by the tWo committees. The com- The conference committee has agreed to the duty upon still wines mittee on the part of the Senate, it may be proper for me to say, have 

as it was fixed by the Committee on Ways and Means wlien the bill already received formally official communicat.ions upon the subject was brought into this House-40 cents a gallon. from the official authorities most interested in the operation of this 

Mr. ELDREDGE. I would like to know whether the gentleman law. 

from :Massachusetts [Mr. DAWES] cannot shorten up his speech on Therefore I have to ask the House to a.dopt this bill for what there 

thi subject. He always talks the same length of tinie. Why can he is in it; not to vote it down for what there is not in it. I say to the 

not shorten up f gentlemen interested in the toLacco question and the gentlemen in-· l\Ir. DAWES. :Mr. Speaker, if I met. with the same discouragements t~rested. in the hop question that this cont~_no hostile legislation 

in every quarter in making men understand intelligible language that to tho e interests. If this is voted down, that Will not help those inI do in the quarter from which this interruption comes, I should have terests. They will be left exactly where they are now if it is votetl stopped long ago. up. But it is hardly fair to what is in the bill, if it is of any value, :Mr. ELDREDGE.· The gentleman has talked the same thing over to vote that down because we have failed to get into this bill provisuntil we are tired of it. ions which we think ought to be in it. 

The SPEAKER. The gentleman from Wisconsin [Mr. ELDREDGE] This report is not here in the shape it is from any disposition on my 

is grossly out of mder. part to give up those questions or to have given them up to-day, if it 

Mr. ELDREDGE. Well, the Speaker sometimes gets out of order. be proper for me to say so much. I ask the gentlemen who feel disThe SPEAKER. The gentleman from Wisconsin was entirely with- posed to take hostile action ag:-J,inst this bill to remember that their 

out justification in rudely assailing the gentleman occupying the action would be directed aga.inst matters which are in no way con- floor. nected with what are left out of the bill, and for which the CommitMr. ELDREDGE. I have not rudely assailed the gentleman. tee on Ways and Means of the House of Representatives are in no The SPEAKER. The course of the gentleman from Wisconsin wa-s way responsible. tmdoubtedly b eyond all limits of parliamentary propriety. The Committ~e on Ways and Means have endeavored to put certain 

Mr. ELDREDGE. It does not become the Speaker to say that to mea~ures in this bill which they are now obliged to leave out of me. it. They have not pn_t into it anything hostile to those mea ures, 

The SPEAKER. The gentleman from Wisconsin ha~ transcended and what is in the bill, as I stated to the House in the early part of 

the limits of propriety i:n a gross manner by his interruptions of the the consideration of this mea ·ure, will add about two and a half milchairman of the Committee on Ways and Means. · lions to the revenue without endange£ing any other interest, although 

[1\fr. ELDREDGE addre sed the Cha ir, but his voice was drowned we have not got those int.erests into the bill a~ we had hoped. It is 

by the rapping of the Speaker's gavel.] confidently believed by those who know more about it than the Com- 1\.Ir. ELDREDGE. The Speaker cannot rap me down with his. mittee on Ways and _Means, and the Committee on Ways and l\Ieans 

g aYel. concur in that view, that by the Jlassage of this bill and the changes 

1\Ir. DA \VES. I will be as brief as I can be. in regard to silk, bank-checks, and wine, at least two and a half milThe SPEAKER. The gentleman from Massachusetts [1\fr. DAWES] lions will be added to the revenue. And I now submit this report as is entitled to speak for the length of time that the rules allow; and all that can be obtained. at this session to the judgment of the House 

the Chair will protect him in that right. and to the favorable judgment of those very gentlemen who feel as Mr. DA \VES. There wa-s another section of the bill which was if they ought to have had in this bill what they have failed to get. added to it upon the motion of the gentleman from Connecticut, [Mr. I say to them that it is impossible for them to get at this session by 

STARKWEATHER,] provirling for taxing sales of gold, bonds, &c., at voting clown this mea ure those provisions of law which they desire. the brokers' boards. I apprehendetl at the time it was offer ed that They will by voting this down leave those provisions just where they 

it would be found ent irely impracticable in the short time allowed >vill be left by pa~sing the bill. On the other hand, by passing it they 

to us to perfect the machinery by which that tax could be collected. will add to the revenue what I haye stated. I call the previous ques1\Ir. STARK\VEATHER. The Commissioner of Internal Revenue tion. himself, on consultation with some of the best men in the country 1\Ir. DECK rose. and after months of deliberation, perfected a bill and submitted it to Mr. MAYNARD. I do not understand from the gentleman from 

the Senate Committee on Finance. He said to them, and he author- Massachusetts whether we gain anything by the action of the conferized me to say to the gent lemen of the Ways and Means Committee, ence committee or whether we give up all. as I have done, that he could execute that law, and could collect under 1\Ir. DAWES. I have agreed to yield to my colleague on the com- it $12,000,000 annually wit hout any considerable additional force ; that mittee, the gentleman from Kentucky, [1\Ir. BECK.] How much time 

under the bill which he had perfected he could collect this tax just as does he desire T w ll as he could collect the whisky tax or the tobacco tax. This is 1\Ir. BECK. Notmoreth:mtenminutos. Probablyiwillnotoccupy 

what be te tilled before the Finance Committee of the Senate. more than five minutes. · 1\fr. DAWES. What the gentleman says is very proper to be sub- Mr. DAWES. I yield to the gentleman ten minutes. But before 

mitted to the House, but I think it would have kept till it was his he proceeds I wish to announce to the Honse, with a due share of 

turn to speak. cheerfulness, that jute-butts a.re in the bill at six dollars a ton. I did 

Mr. STARKWEATHER. I do not always h:we a "turn to speak" all I could to get them out of the bill. The only thing in which. that 

when the gentleman has the floor or afterward. part of the country which I have the honor to represent was distinctly 

l\Ir. DA vVES. I do not mean any discourtesy; only I was obliged interested was to keep jute-butts free. But I have laid jute-butts on . to stop my own speech to allow the gentleman from Connecticut to the altar of my country, and I hope that those gentlemen who feel 

make his. · hostile to the action of the committee will follow my example. 

Mr. STARKWEATHER. I wanted you to have all the information ~II: . SAYLER, of I ndiana. The sacrifice is worthy of the gentleman 

you de ired. , and his cause. 

Mr. DAWES. Mr. Speaker, I was remarking tha.t I apprehended Mr. BECK. I suppose -l:ihe last remarks of the gentleman from 

there woulcl be some difficulty in perfecting the machinery for the MassaebuseUs [1\Ir. DAWES] were directed to me with the idea, cloubt- colle~tion of this tax. The committee on the part of the Senate and less, that I ought to vote for the bill because jute-butts are taken 

the Senate itself were unwilling to take up that question of the proper from the free list and my people are supposed to desire protection on method of collecting the tax. They agreed with the House and with hemp. I hope the bill will be defeated. Jute-butts will then be free 

the committee on the part of tile House that it was a very desirable as heretofore. I do not rega,rcl them as competing with hemp in any 

suuject of taxation so far as the sales were the fictitious and gambling way. The flax-men may attend to them if they choose. I have desales of the stock market, and not real sales of gold for the· purpose clined to sign this report for various reasons. The first is that by the 

of paying duties. But they were unable to apply themselves, or at provision of the bill in the first section of it the duty is raised on all 

least dicl not apply themselves, to devising the machinery. The com-- mixed silk goods from 50 to 60 per cent. The pretense wa~ set up bemittee on the part of• the House called their attention to a bill to fore our committee t hat there were fraudulent importations of silk 
5400 CONGRESSIONAL RECORD. JUNE 22, 

goods that had a strand or two of cotton in them that came in under 

the general provi ion imposing an ad valorem duty of 50 per cent. on that class of goods. We endeavored to correct certain rulings of the 

department in that regard. When th bill went to the Senate, the 

words "in value" w re added to the Honse bill, so that the proviso at 

the end of the ection should reau as follows : 

Provided, That this act shall not a}Jply to goous, wares, or merchandise which 

have, as a component material thereof, 25 p r c nt. or over t~ vallw of oott.on, fla.x, 

wool, or worsted. 

The value of cotton is about twenty ents per pound; of course I 

do not pretentl to give the figures exactly. The value of silk is about 

six dollars per pound. So that if there is less than seven and a half 

times as much cotton as there is ilk in any article which is required 

in order to make it one-quarter in value, it will be taxed GO per cent. 

iu ·tea<l of 50 as it now is: The whole eft'ect of this bill is by a cun- ning pretense to increase the duty on all mixed silk goods from 50 to 

60 per cent., and to add that much to the protection, now amounting 

almost to a prohibition, for the benefit of a few men in New Jersey 

and elsewhere-10 per cent. more than is now allowed. I do not propose to increase duties by indirection; my struggle ha always been 

to bring protection to the revenue stanuard. This bill will r esult in a diminution of the revenue :111d an increase of protection; it will 

prevent the importation of mixed cotton u.ml silk good , the purpose 

being to prevent competition with a few silk manufacturers here. 

That is the object of the bill by those who fullS unuerstand its scope 

and purpose. 

Again, the committee have agreed to fix the tax on the wines imported into the country, all the still wines which now pay 2G cents, 

60 cents, and 1, down to 40 per cent. instead of 50 per cent. as agreed on by the House, so that all the hio-h-priced wines, the sherries and 

Madeiras, which are now at 1 and ,.1.25 acl mlorent, are brought down 

to 40 cents. The House, a I s:1id, fixed it at 50 cents, and the com- mittee of conference agreed with tho Senate at 40 cents; so as to ac- commodate those who desire to buy first-class wines cheap, they put 

the duty down to 40 cent-s. 

Next, they agr ed to strike down the duty on hops. They fixed it 

at 5 cents per pound, which is 40 per cent. ad ralorent. The House put 

it at 10 cents per pound. The committee recluce it to 5 cents. That I 

agree to. It is about the only good thing done. 

The gentleman talks about the duty on jute-butts and thlnks I will 

approve that. l; cn,re nothing about .it. If he wishes to strike that 

provision out, I will go with him anu len,ve them on the free list. 

Another c1au e of the bill relates to the n,le by producers of their 

tobacco. The manufacturers of tobacco came before the Committee on Ways and Means two years ago and said to us, "If you will make 

t he tax on tobacco uniform-it being then at 16 and 32 cents-at 20 

cents, we will agree that men livin~ remote from market who are raising small patches of tobacco shall not be interfere<I. with in their 

sales to the amount of $100 a year; we will be satisfied with that limitation." 1\Il\.ny of these small producers live so far from market that 

they could not carry their products to the point where the manufacturers or their agents were, and it wa n, great haru ·hip upon them 

to ueprive them of the power to ell their product. The House unan- imously pa eel thn,t provision in the la t Congress; immediately after we did so, the manufacturers rushed over to the Senate, and raised 

the cry that the Government was going to 1e defrauded out of its r evenue if that privilege was allowetl. Those small producers of 

tobacco who lived remote from market were of course unable to dispo e of their tobacco, unless they sold it to sub-agents in the vicinity 

at any •price they offered, and tbey appealed to us to grant them the 

right to sell in small quantities of less than $100 worth in a year; the 

House granted them that right. The moment it passed this House, as I saJd, the tobMco manufacturers rallied and clamored around the 

Senate, and they succeeded, as they have ~~ain in this instance, in 

having that provi ion stricken out of the bill. 

For one, I shall vote against the bill in consequence of the bad faith, 

not to say fraud , practioed by these manufacturers upon the poorest 

cla,gg of the producers of tobacco-a product which they have as much 

right to raise a other men have to raise wheat, corn, or anything 

else. Tobacco beinO' the only product that many men can raise, their 

right to do so should be recognized and protected. The fraudulent course pursued by the tobacco manufacturers to those humble citi- zens ought to meet with the condemnation of the representatives of 

the people, and I hope it will here and now. We may not suoceed in 

granting them rights. We can at least condemn action which looks 

to indorsino- the wrongs done them. It is bad enough to make poverty pay what wealth should furnish to support the Government, 

without auding insult to injury by sanctioning wrong by our action 

here. 

Again, the gentlema.n from Connecticut [Mr. STARKWEATHER] made 

a proposition, which the House adopted, to collect a ta.x of fCi of 

1 per cent. on gold and stock ales. The Commissioner of Internal 

Revenue has prepare l a bill under which he says he can collect 

that tax a ea-sily as he can any other. The conference committee have stricken that out, because the gold gamblers of New York, 

who seU often at the mte of 60,000,000 in gold a day, as I am informed, raisecl a hue ancl cry against this amendment. On Black 

Friday it iR snJ.d they sold . 250,000,000 gold, a large portion of the 

sales not being gennine: 

Ir. CREAMER. That is not a fact. 

Mr. BECK. It is the fact, as the gentleman from Connecticut rl\Ir. 

STARKWEATHER) tells me. 

Mr. CREAMER. It is an entire p1isrepre entation. 

l\Ir. BECK. On one day last week 60,000,000 gold were sold. Is 

not that trne, I a k the gentleman from Connecticut Y 

Mr. STARKWEATHER. That is true. 

Mr. BECK. And they sold '2GO,OOO,OOO on Black Friday. 

Mr. CREAMER. Black Frid.ay occUlTed five years ago. The gentleman has no need to go back as far a that. 

Mr. BECK. I will give the gentleman the source of my informa- tion. 

l\Ir. CREAMER. The gon leman should not go to Connecticut to 

find out wha,t takes place in New York. 

Mr. BECK. The gentleman from Connecticut [Mr. STARKWEATHER] 

has studied this question carefully, and he has laid before us a !Jill 

prepared by t.he Commissioner of Internal Revenue, under which he 

says that he can collect 12,000,000 a year from thi source. 

I am told, and I believe it to be a, fact, that there is not one-tenth 

of the e sales of gold and stocks that is genuine; it is simply a bet on tho price of gold to-morrow or next dn,y. Yet you fail to tax them 

because they are rich and powerful, while you oppress the poor. I 

say that a !Jill so pre on ted ought to be voted down by the Repr eutative of the people, and allowed to go over until D cember, wLe.n 

we can ee if we cannot do something that approach l:l justice, some- thing which will make men aml busines' that can affonl toP< ytax 

pay them. I will never vote to increase the tariff 10 per cent. ou mixeu silk goods for the benefit of half a doz n men to the detriment 

of the r venue. It is at a point now where it is a protective and not a r evenue tariff. I will not ruin the poorprouucer of tobacco, white 

and black, who cannot rai e enongh to make a hog h ad and send it 

to market, to benefit a few greedy ruanufactmer ; auu I will not con- sent to exempt gold gamblers from taxation while th laboring poor are "k'bxed on their product , anu on all they use from their cradle to 

their coffin. 

~Jr. DAWES. I woulu like to make a parliamentary inquiry. Is 

there anything in the way of the gentleman from K ntuck:y [ fr. 

BECK] offering tho bill which ho has been showinO' a,bout the Horu;e 

and having it pa secl if j;he House wants to pa it I now yield to 

the gentleman from lliiuoi ·, [Mr. BURCHARD.] 

1\lr. BURC ITARD. I desire to call the attention of the House to the 

second amendment proposed by the Senate to the bill that pa seu the 

House and which the committee of conference recommend be con- curred. in. It is proposed to in ert the words ''in value." The effect 

of that is to raJse the duty o silk-mixed good , that have for twenty 

years been admitted at a rate of duty 10 per cent. le. th::tn silk goo<l.s, 

to the arne rates as silk goo , from 50 to 60 p r c nt. ad valorent. In 

1 71 we importeu - 500,000 of ilk-mixed goods at 50 p r cent. dutv; 

in 1872 we imported about $7,000,000, anu in 1 73 about the arne ~oun~ . . When gentlemen who are now distinguished members of the Senate were members of the Committees on Appropriations and Wa~ s 

and Means of this House year ago they made a <lifference of 10 per 

cent. between silk goods and silk-mixed goous and that haa been the 

rule from that time until the present. We endeavored to cut off the 

frauds by requiring that one-fourth of all materials in these goods 

should be mn,terials other than ilk-that is that thr e-fourths of 

the materials must be silk in order that the goods might come in a silk-mixed goods. Byiu ertingthewords "iu value'' itwouldrequir 

that about nine-tenths of the materials should b other than silk 

goocls to be admitted at 50 per cent. dnty. Pra ·tically it would pre- vent any silk-mixed goods from coming in at 50 p r cent. ad valormn. That is the intention not of tho gentlemen who are presentin~his 

bill, but of those who pre enteu the bill to the Committee on ways 

and :Means. We at first, without considering, r ported it as present (l 

to us; but upon consideration the commit·tee were unanimous iu 

reporting the bill to the Bon e as it pa eel. I desire to say this: this is a little thing, a· has 1 en aid, and it is 

not worth while to tinker at the tariff for the purpo e of getring 

$2,500,000 of revenue, when for the pre ent fiscal yearw need at lea t 

$25,000,000 to meet the requirements of the sinkihg fund. When we come together at the next ses ion, if it is nece ary to rai e more rev- enue, wo can incorporate a provision like that of the gentleman from 

Connecticut, [Mr. STA.RKWEATHER,] and if neceR ary we can re-enact 

the income tax. I hope this report of the committ.ee of conference will 

be voteu down. 

Mr. DAWES. I now yield five minutes to the gentleman from Virginia, [Mr. HARRIS. J 

fr. HARRIS, of Virginia. I~ sure thi Hou e doe not understand the practical working of the tobacco provision in this bill upon 

the prouucer in the interior of the country. Do members of t.his 

House know the fact that the man who r aise a few pounds of tobacco 

cannot sell it unless he sells it to the leaf dealer or to the touacco mau- ufactur6r Y And there mav not be a leaf d al r or manufacturer within a hundred miles of him. This afi:ects greatly our poor peopl , especially the colored people, who were reared to raising tobacco, anu who have their little patches and raise a thousand pounds or so, 

worth perhaps eighty to one hundred dollars. After they have grown 

their tobacco, cured it, and prepared it for market, they h ave no place 

to sell it. The change of the law which wu.s adopted last year prevents the country merchant from buying leaf-tobacco, because the tax 
1874. CONGRESSIONAL RECORD. 5401 

is 50 per cent. on every dollar's worth which he sells. Consequently 

the country merchant cannot buy, and nobody can buy it but the leaf 

dealer or the manufacturer, and he lives from fifty to one hundred or two hundred miles from the grower of the tobacco. The conse- quence is that you starve the poor man in the interest of the capitalist. 

The poor never get before the Committee on Ways and 1\Ieans. It 

is the tobacco manufactmer with his capital who goes before the 

Commissioner of Internal Revenue and impresses his views upon 

him; and he comes with a rebound upon the Committee on Ways 

and Means who are all willing to listen to him, and who never listen 

to the poor colored man or the white man who raises his thousand 

pounds of tobacco and has no pl:1ee to sell it. Two years ago this provision in regard to one hundred pounds of tobacco wa put in by the 

House and was left out by the Senate. Again this year it gets into 

the House a week before the session closes, and the rules have practically to be suspended in order that it may be passed. The $100 

clause is in, and it is proposed to leave it out so that the poor tobacco-grower, white or colored, is made to suffer, antl we are obliged 

to vote for a tariff bill containing a provi ion for his relief, which 

might otherwise be obnoxious to us, because we want to do justice to 

this poor agricultmal class. Again,. the same provision is adopted in 

this House. The Senate committee struck it out before, and they 

have struck it out again. The Senate concurs, but the House non- concurs. The chairman of the Committee on Ways and Means[¥!'. DAWES] is on the committee of conference; and bad he acted in good 

faith, had he co-operated with my friend from Kentucky, [Mr. BECK,] 

there would have been no report in favor of striking out that clause 

inreferencetoselling 100worthof tobacco on the premises. I almost 

fear my friend from l\Iassachusetts was too willing to give way. I 

almost fear that be threw in this provision as a bait to southern men who live in the tobacco-growing sections, so that he might get this 

tariff bill through; that he was willing the Senate with capitalists 

at its back should, at the instance of the Internal Revenue Commissioner, strike out this provision, so that he would get all he wanted 

and nothing that he did not W<:bnt. It looks so to me, l\Ir. Speaker. 

I hope the House will non-concm. Mr. DAWES. I yiel<l five minutes to the-gentleman from Connecticut, [Mr. STARKWEATHER.) 

l\Ir. STARKWEATHER. Mr. Speaker, the gentleman h.1s given me five minutes; I hope he will give me ten, if nece ary. I want to 

state a few facts to this Ron c. Tliis bill was brought in here, and 

after much d.llicussion of the subject in the newspapers, after the attention of the gentlemen of the Ways and Means Committee had been 

called to it, this little tariff bill was reported, anQ. the House by a vote 

of nearly four to one put upon it as an amendment this provisionfor 

the taxation of sales of gold a.nd stocks. The bill went to the Senate; an array of brokers from New York came down upon the Senate and 

besieged it. They put in their little statements. Their newspaper 

organs, owned by Jay Gould & Co., cried out against the proposition. 

The only newspapers in the whole country that spoke unf:worably of 

the bill which I introduced and the amendment which this House 

passed, so far as I observed, were two newspapers in New York City 

owned by these stockholders. East and We t., republican a nil. democratic papers everywhere, aid that this wa-s the proper manner in 

which to raise some of om revenue . . The gentleman from Massachusetts[l\fr. DAWES] says that we have 

not time to perfect a bill for the collection of this tax. Why, sir, the 

only thing in this tariff bill that is perfected is this v ry clause which 

I introduced as an amendment. 

Mr. BUTLER, of Massachusetts. Will the gentleman be good 

enough to name the papers to which he has referred 

1\Ir. STARKWEATHER. Doestbegentlemanmean the papers that 

oppose the proposition' 

Mr. BUTLER, of Massachusetts. Yes, sir. 

1\Ir. STARKWEATHER. If I were to undertake to name the news- papers that favored the measure, I would have to name almost the 

whole press of the country. 

Mr. BUTLER, of Massachusetts. I want the names of the papers 

that opposed it. 

Mr. STARKWEATHER. One was the New York Tribune, the ma- jority of who e stock is owned by Jay Gould, the man who got up 

the gold panic (the report upon which I hold in my hand) when 

'250,000,000 of gold was sold in a single day, carrying up the price to 

nearly 200. 

Mr. BUTLER, of Massachu etts. What is the other newspaper 

that the gentleman has referred to. 

Mr. STARKWEATHER. Well, there is no use in mentioning the name. 

Mr. BUTLER, of Massachusetts. 0, yes; there is. 

Mr. STARKWEATHER. It is of too little consequence. Jay 

Gould's organ was the leading paper in this opposition. 

Mr. B TLER, of Ma sachu ' etts, and others. Name the other paper. 

Mr. STARKWEATHER. Do not interrupt me, gentlemen. I want 

to discuss the principles of this bill. . 

1\-Ir. BUTLER, of .Massachusetts. Well, I hope the gentleman will 

tell me the name. · · Mr. STARKWEATHER. I have no objection. 

The gentleman says this bill is not perfected. Why, sir, the Commissioner of Internal Revenue, after three months' consultation with 

leading financial men, drew a bill on this subject and said to the 

l''inance Committee of the Senate-I heard him say so-that he could 

execute this bill and bring in 12,000,000 to the Trea my annually. 

He says that he can execute it cheaply without any considerable additional force; that he can execute it as cheaply as he can collect the 

tobacco and whisky tax. But tbe gentleman from Ma sachu etts, 

[Mr. DAWES,] upon a little bill of this kind, with nothing in it ex- cept a reduction of duty on a few choice wines and the impo ing 

of a little additional duty on silk goods-a matter that will not bring 

any considerable revenue into the Treasury-proposes to give up the 

only substantial thing in the measure, a propositjon which the Commis ioner of Internal Revenue ays will bring in 12,000,000 arumally. The gentleman from Massachusetts, instead of going to the . Senate and joining with the gentleman from Kentucky [Mr. BECK] in 

mging this measure, proposes to say, "Here is a measure which we all 

agree is a good thing, an excellent thing, but which we have not time 

to perfect." They have had time to put a duty on silk, they have had 

time to readjust the duty on choice wines, they have had time for 

everything but to tax this great and overshadowing interest which, 

as proved in this book, the Gold Panic, has done the country more damage than all other influences combined in depres ·ing busines ·. They say these brokers have reformed themselves. Why, sir, I have 

here a r eport sho·wing that on one day last week 60,000,000 of gold were sold, an<l that only two millions of this were for any legitimate 

business purpose. 

Why, sir, the panic of last fall, like the panic of Black Friday, was brought about by these men by their stock-gambling, their fictitious 

sales of stocks and gold~ and by t.heir hoarding the cmrency of the 

country, doing anything to deplete the Treasury and advance their own interests to the ruin of the country. That panic was brought 

about and all our panics since the war have been brought about by 

the e men who are living on the life-blood of the nation, and who 

will cry out against any taxation of themselves and in favor of putting it on t.he land and labor of the country. 

I call on the gentleman from Massachusetts [Mr. DAWES] to stand 

by the action of the maJori y of this House, and when he goes back 

to the Senate the best and most experienced men of the Senate will 

stand by him, and every man there will stand by him who has not 

been committed in this matter prematurely. This book shows how 

tha.t tax was repealed. 

Several 1\IEl\ffiERS. What book is that 

l\Ir. STARKWEATHER. It is the history of the gold panic re- ported to the Honse two years n:go. Do gentlemen forget the influences which controlled the House before' ~Ir. DAWES. I must resume the floor. 

Mr. STARKWEATHER. I say let the House vote down this con- ference report and ask a fmther conference, and you will have a bill 

that is worth something and that will give us these twelve millions 

to pay our debts. 

Mr. DAWES. Am I entitled to the floor¥ 

1\!r. KELLOGG. I wish to ask my colleague whether he confines 

his amendment to sa.les of stock! 

Mr. DAWES. I ask the Chair which of these gentlemen from 

Connecticut, if either of them, has the floor f I thought I had it.. The SPEAKER. The gentleman from Massachusetts has the floor. 

Mr. STARKWEATHER. It was yielcleil to me. Mr. DAWES. If I understand the rules correctly, when I yield 

five minutes to a gentleman he ought to stop when his five minutes 

are out. 

Mr. STARKWEATHER. I would stop when I got through. J hnrve 

been interrupted. 

The SPEAKER. The time of the gentleman from Connecticut l1\Ir. 

STARKWEATHER) has expired. 

Mr. STARKWEATHER. Then I will simply ask gentlemen to vote 

down this report. 

The SPEAKER. ThegentlemanfromMassachusetts [Mr. DAWES] resumes the floor. 

1\Ir. DAWES. I yield to my colleague on the committee, the gentleman from Iowa, [Mr. KAssox,] five minutes. Mr. KASSON. I have but a very few moments, and I desire to use them in speakingofthemeasme reported by the committee. There are four points upon which a <lifference seems to exist in the House. I 

will first take up the gold sales. There are few men in this House, I 

apprehend, who do not remember the previous attempt that was made 

in the same spirit in which this is made by the gentleman from _Connecticut [Mr. STARKWEATHER] with the same ad captandnm appealH 

to the House and the country to regulate gold sales in New York. 

And does not the gentleman remember the success which attenilefl 

them 'I Does he remember how many days our legislation remained 

in force f And now his proposition is upon a bill reported by himself 

without the sanction of a committee and with no written recommemlatiou from the Commisioner of Internal Revenue, nothing but a report 

of what the Commi sioner said, furnished by him to the House. He 

asks this House to reject a conference report because it does not contain the clause which he recommended to the House and the House 

adopted after a five-minutes speech. 

The fact is clear that this House does not want to pass a bill wruch, 

in the former case, they repealed in thirty days. They do not wish 

to make themselves ridiculous in the eyes of the country by passing a, measure which they cannot yet see th\3ir way through. ~d, again, 
5402 CONGRESSIONAL RECORD. JUNE 22, 

if the Senate refuses the measure, how is the action of that gentleman, or of this Honse, going to make the enate pass it in the last hours 

of the session, or at any other time 'l The only way in which we can expect to get this measure through is by maturing it early in this 

House if the Senate is not in favor of it, and ·going early to the Senate when they have time to discuss it, and the friends of the mea ure have time to win the Senate to its support. 

For myself I shall be glad to realize 12,000,000, or even 4,000,000 

from that source, but I know from practical experience in the former ca e that it is vain for us to attempt to try it in this House again ·t 

the deliberate opinion of the Senate and expect to get it through at 

this time. I come now to t he wine que tiori. 

Mr. CESSNA. Before the gentleman leaves the other point which 

he has been discussing, will he allow me to ask a question bearing 

upon it 'l 

1\lr. KASSON. If it will not occupy much of my time. 1\Ir. CESSNA. I wish to know if the gentleman can tell the House \,why and how that bill on a former occasion was repealed within thirty 

days? 

1tlr. KASSON. I cannot go ju t now into a discussion of the old bill. I only refer to the fact that when we did attempt such legisbtion it was done with the same e~ gerness, and was followed by most fli a ·- trous result , r aising the premium on gold so high that the whole country was alarmed; and I fear the same result would now follow 

ha ty and unwise legislation. Such a bill should be matured after 

consultation with the bu iness inter ts affected, so that we may 

know what its effect will be, instead of dealing rashly with the subject here. · Secondly, upon the duty on wines the gentleman says that this bill 

only reduces the duty upon the high gratles of wines. The gentleman 

in making that charge certainly must have forgotten that we mis u the duty upon the low grades of wine from twenty-five to forty cent a gallon, and taking a period of five or six years it will be fotmd that 

nine-tenths of the wines imported are of the low grade. It is now proposed to get rid of ad valo'rem, duties, and to make the duties specific, and it is estimated that this will increase the revenue not less than $1,000,000. 

The third point is in reference to the tobacco question. We desired 

to benefit the manufacturers by giving 'them a drawback on the 

amount of licorice u eu in the manufacture ; but the committee left 

in the bill the clause which relates to the exportation of manufactured tobacco, which greatly enhances the export trade from this 

country. _ The only remaining qu tion in the report is that of jute-butts, to 

which the gentleman from Kentucky seems to attach vel'y little im- portance. Upon that que tion I have only to say that I have letters in my po session which showthatnearlyninetyflax-millsintheNorthwest went out of existence in consequenoe of this article being placed 

upon the free list. We have in this bill placed a duty upon it which 

will not only'yield us some revenue, but will revive that industl·y in 

the Northwest. , 1\ir. LAMISON. I would ask whether the report increases tha duty on this article f 

Mr. KASSON. No ; it is sub tantially the old duty. 

Loud cries of "Vote!" '' Vote !" 

Mr. DAWES. I call for the previous question. 

The previous question was seconded and the main question ordered, 

being upon agreeing to the report of the committee of conference. 

Mr. HARRIS, of Virginia. Upon that question I ask for the yeas 

and nays. The yeas and nays were ordered. 

The question was taken; and there were-yeas 49, nays 136, not 

voting 104 ; as follows: 

YE.AS--Mes rs . .Albert, .Albright, Barber, Bass, Biery, Brailley, Bu:ffinton, Amos 

Clark, jr., Conger, Crooke, Dawes, Dunnell, Eame , Foster, Gunckel, Robert S. 

Hale, Benjamin W. Harris, Joseph R. Hawley, E. Rockwood Hoar, Hubbell, Ka.s- son1 Lawson, Lowe, Lowndes, Merriam, Moore, O'Neill, Pendleton, Rapier, Rice, 

Ellis H. Robert , Rusk, Sawyer, Hem·y B. Sayler, Scofield, Henry J. Scudder, Isaac 

W. Scudder, Sheldon, A . Herr Smith, Geor~e L. Smith, Sprague, Stanard, Todd, 

Townsend, Waldron, Charles W. Willard, JohnM. S. Williams, James Wilson, and Woodford-49. 

NAYS-Messrs. Adams, Arthur, Ashe, Atkins, Averill, Bannin<T, Barnum, Bar. rere, Barry, Beck, Bell, Bland, Blount, Bowen, Bright, Bromberg "Brown, Bundy, Burchard, Burleigh, Beujamin F. Butler, Cain, Caldwell, Cannon, Cason, Cessna, 

John B. Clark, jr., Clements, Clymer, Stephen A. Cobb, Comingo\ Cook, Corwin, 

Creamer, Crossland, Crounse, Crutchfield, Danford, Darrall, Davis, Durham, El· 

dredge, Field, Frye, Gidilings, Glover, Gooch, Gunter, Hagans, Hamilton, Hancock, Henry R. Harris, John T. Harris, Harrison, Hatcher, Havens, Gerry W. 

Hazelton, John W. Hazelton, Hereford, George F. Hoar, Hodges, Houghton, Howe, 

Hunton, Hyde, Hynes, llo~g, K endall, Lamar, Lamison, Lamport, Lawrence, 

Leach, Lofland, Lou ... ln:idge, Lynch, Magee, Marshall, Martin, Maynard, James 

W. McDill, MacDougall, McLean, Milliken, Mills, Morrison, Packer, Isaac C. Parker, Phillips, James H. Platt, jr., Pratt, .Randall, Ransier, Read, Robbins, James 

C. Robinson, Jame W. Robinson, Ross, Milton Sayler, Sener, Sessions, Shanks, 

Sheats, Sherwood, Sloan, Slo , Smart, John Q. Smith, Snyder, Speer, Standiford, 

Starkweather, St. John, Stone, towell, Strait, Sypber, Thornbmg~?-, Tyner, Vance, 

Wallace, Walls, Jasper D. Ward, W ells, White, Whitehead, Whitehouse, White. 

ley, Wbitthorne, Wilb r, George Willard, Charles G. Williams, \Villiam B. Williams, Willie, John D. Young, and Pierce M. B. Young-136. 

NOT VOTING-Me srs. A1:cher, Begole, Berry, Buckner, BUITows, RoderickR. 

Butler, Freeman Clarke, Clayton, Clinton L. Cobb, Coburn, Cotton, Cox, Critten- ~ den, Crocker, Cm-tis, DeWitt, Dobbins, Donnan, Doell, Eden, Elliott, Farwell, 

Fort Freeman Garfield, Eu"'ene Hale, Harmer Hat.horn, John B. Hawley, Hays, Hendee, Herndon, H ersey, Holman, Hooper, Ho kins, Hunter, Hmlbut, Jewett, 

Kelley, Killinger, Knapp, Lansing, Lems, Luttrell, McCrary, .Alexander S. Me· 

Dill, McJunkin, McKee, Me ulta., Mitchell, Monroe, Morey, Myers, Neal, Negley, Nesmith, Niblack, Niles, Nunn, O'Brien, Orr, Ol·th, Packard, Pa~ . Hosea W 

Parker, Parsons, P elham, P erry, Phelps, Pierce, Pike, ·Thomas C. Platt Poln.ntl 

Potter, Pmman, Rainey, Ray, Richmond, Willi:un R. Roberts, John G. Schumaker 

Lazarus D. Shoemaker, Small, H. Boardman Smith, J . .Ambler Smith Willian{ 

A. mith, Southru.tl, tephens, Storm, Strawbritlge, Swann, Taylor Chades R. 

'l'bomas, Cln·istopher Y . Thoma , Tremain, Waddell, Marcus L. 'wru!d Wheele1· 

William Williams, Ephraim K. Wilson, J eremiah M. Wilt~on, 'Volfe Wood ami' 

Woodworth-104. ' ' 

So the report of the committee of confer nee was rl'jocted. 

During the roll-call tb following announcem nts were made : 1\lr. CLARK, o~ l\1i ~mi. I desire to. state that my colleagn , 1\Ir. CrurrENDE ", IS de tamed at home by stekness. If here he would 

vote' no." 

1tlr. GUNCKEL. I d ire to state that my colleague, 1tlr. fo ROE 

ha been compelled to. leave th Hall on account of indisposition. ' 

1\lr. SPEER. I tle tre to state that my colleague, Mr. STORM: il:; 

pai~~d 'vith th.e gentleman from New York, 1\fr. WHEELER, upon 'an 

pohttcal questwns. I do not know whether this is to be regarueu as a political question. 

Mr. RANDALL. 0, no! I protest against the tariff beinu regard ll as a po] itical question. 0 

1\ir. SPEER. Iy colleagu , Mr. TOR~:r, if here would vote "no." 

I clo not know how Mr. WIIEELER would vote. 1\lr. 1\fAYN,ARD. I mo e that a new conference be requested upon 

the disagreeing votes of the two Hou es upon this bill. 

Tho motion wa agreed to upon a divll;ion-aye 9 , noes 48. .. The SPEAKER announced the appointment of 1\Ir. l\fAYNARD, l\fr. 

STARKWEATHER, and Mr. BECK as the conferees upon the part of the 

House. 

Mr. BECK. I think I mq~t a k the Chair to excuse me. 'The SPEAKER. By pru:lf~mentary usage the gentleman is entitled 

to erve. . 

MES GE FROM TilE ENATE. 

A message from the Senate, by 1tlr. SY 1P o , one of their clerks, 

announced to the House that the Senate had arrr eel to the reports of 

the committees of conference on the disarrreeing votes of the two 

House on the following bills: o 

A bill (8. No. 733) regulating gas-works; 

A bill (H. R. No. 3094) making appropria.tions for the service of the 

Po t-O.ffi.ce De11artment for the year ending June 30, 1875, and for 

other purpo es; and 

A bill(~. R. ~o. 3415) to pro~-ride for the care and custody of per- son · oonVIcted m the courts of the United States who have or may 

become insane while imprisonetl. 

INSA.li."'E CONVICTS. 

1\lr. MAcDOUG.A~, submitted the report of a committe of conf r- enee, which wa · read, aB follow : 

. The committ e of confere~ce on the clisagreein~ votes of the two Houses on the 

bill (H. R. o. 3415) ~ proVIde for the care and custody of persons convic d in the comts of the Uruted State who have or may b come insane while imprisoned 

having met, after full aml free conferenee have agreed to recommend and do reo~ ommend, to their respective Houses as follow : ' 

That the Houae concm· in the Senate amendments. 

C. D. M.AcDOUGALL, 

J. B. RICE, 

R.M.SPEER, 

Manage1·s on the part of the House. 

· F. T. FP.ELINGHUY EN 

GEORGE G. WRIGHT, ' 

J. W. STEVEN ON, 

Managers on the part of the Senate. 

The report of the committee of conference was agreed to. 

ENROLLED BILLS SIGNED. 

Mr. PENDLETON, from the Committee on Emolled Bills, reported 

that they had examined and found truly enrolled bills of the following titles; when the Speaker signed the same: A bill (S. No.7) for the creation of a court for the adjudication and 

disposition of certain moneys received into the Trea m·y under the 

award made by the arbitration constituted by virtue of the joint article of the treaty conc~uded at Washington the 8th day of May, A. D. 

1871, between the Umted States of America and the Queen of Great 

Britain; 

A bill (S. No. 252) to remove the political disabilities of John Julius Gutherie; 

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

of Fort Houston, at Nashville, Tennessee, and to provide for the donation of the same to the Fisk University for erl.ucational purpo es; 

also to confirm the purchase of certain lands at Fort Hamilton, New York; 

A bill (S. No. 325) to remove the political eli abilities of Van R. 

1\forgan, of Virginia ; 

A bill (S. No. 436) for the relief of Lieutenant John Shelton; 

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

political disabilities; and 

A bill (S. No. 930) to authorize the Farmer ' National Bank of 

Greensburgh, Pennsylvania, to change it location and name. 1\fr. RANDALL. I move that the Honse now take a recess until 

ten o'clock to-morrow morning. 

The motion wa agreed to; and accordingly (at one o'clock and 

twenty-five minutes a.m.) the House took a recess until ten o'clock a.m. 
1874. CONGRESSIONAL RECORD. 5403 

AFTER THE RECESS. 

The recess having expired, the House reassembled at ten o'clock a. m., (Tuesday, June 23, 1874,) the Speaker in the chair. 

l\lESSAGE FROM THE SENATE. 

A message from the Senate, by :M:r. SYMPSON, one of their clerks, 

informed the House that the Senate had agreed to the report of the 

committee of conference on the Q.isagreeing votes of the two Houses on the bill (H. R. No. :n6 ) making appropriations for the repair, 

preservation, and completion of certain public works on rivers and 

h1ubors, and for other purposes. The message further announced that the Senate had passed with 

3Jllendments, in which the concurrence of the House was requested, a bill of the House of the following title: . A bill (H. R. No. 35~ ) to protect persons of foreign birth against 

forcible constraint or involuntary servitude. 

JOliN FLETCHER. 

The House then resumed the consideration of business on the Speak- er's table under a suspension of the rules; and the first bill was the bill 

(S. No. 792) for the relief of John Fletcher, surviving partner of 

Fletcher & PowelL 

Mr. LOWE. I move that the rules be suspended and the bill passed. 

1\.lr. SPEER. I move tha.t the bill be referred to the Committee on War claims. 

Mr. LOWE. I hope t he gentleman will not object. 

1\Ir. SPEER. I ,vi.Jl object; you cannot appeal to me this morning. 

:Mr. LOWE. I have the Senate report here, showing that this is a 

strong case. Mr. SPEER. Debate is not in order. 

1\Ir. RANDALL. This meeting of the House is rather pt·o fo171ta 

than anything else for the present. 

The SPEAKER. Does the gentleman from Kansas object to its 

going to the Committee on War Claims Y 

1\Ir. HAWLEY, of Illinois. It should not go to the Committee on War Claims, but should be referred to the Committee on Claims. 

1\Ir. LOWE. Let it be so referred. 

The bill was so referred. 

THE REGULATIO:N OF GAS COMPA.....'UES, DISTRICT OF COLUl\ffiiA. 

l\!1'. SESSIONS. I rise to a privileged report. r.rhe Clerk read as follows : 

The committee of conference on the disagreeing votes of the two Houses on the 

amendments to the bill (S. No. 733) regulating ga.s-works, having met, niter full and 

free conference have a~:,rreed to recommend, and do recommend, to their respective 

Houses as follows : That the ::lenate recede from its disagreement to the first amendment of the House 

and agree to the same. That the Senate recede from its disagreement to the second amendment of the 

House and agree to the same with the following amendm nts: Strike out the worus ''eight dollars" and insert in lieu thereof the wor l::~ '' eight dolhus and a haJf, " and 

after the words "ensuing year" insert the woTds " excepting the Ritchie mineral 

and Richmond coal, the cost of which shall not enter into auy calculation in making an average, which statement shall be." 

Thecommitteealso recommend the following amendm nt to section sh.'ieen: Strike out the words "Washington Gas Company" and insert in lieu thereof the words 

''any gas-light company m the District of Columbia.'' 

W . L. SESSIONS, CHARLES O'NEILL, 

STEVE SON ARCHER, 

The report was adopted. · 

Managers o-n the part of the HmJ,Se. 

JUSTIN S. MORRILL, 

WILLIAM B . .ALLISON, 

HENRY COOPER, 

Managers on the part of the Senate. 

lli. SESSIONS moved to reconsider the vote by which the report was adopted; and also moved that the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

INCREASE OF SOLDIERS' PAY. 

The next business on the Speaker's table was the bill (S. No. BOO) to 

amend the act entitled "An act to increase the pay of soldiers in the 

United States Army, and for other purposes-,'' approved June 20,1864. 

The bill was read. 

1\.lr. HAWLEY, of Connecticut. I do not know who has that bill 

in charge. The subject was before the Committee on ]l,filitary Affairs 

and wa-s discussed. I think the bill is entirely safe. 

1\.lr. COBURN. An act has been already passed on that very subject. It is the law now. Mr. HAWLEY, of Connecticut. lla-s it passed both Houses 1 

Mr. COBURN. Yes, sir. 1\.lr. ELDREDGE. I move it be referred to the Committee on Military Affairs. The motion was agreed to. 

CONDEMNED CANNON TO fM.A.SSILLON, OIDO, FOR MONUMENTAL .PURPOSES. 

The next business on the Speaker's table was the bill (S. No. 924) 

donating condemned cannon to the city of Massillon, Ohio, for monu- mental purposes. 'I he bill was read. 

1\.lr. ELDRE:QGE. )~gpe that will not ~e pa-ssed. We have given 

cannon away without knowing anything of t.he value of them. I hope 

that business will be stopped. Mr. SPRAGUE. I move to suspend the rules and pass the bill. 

The House divided; and there were-ayes 21, noes 25. 

So (two-thirds not having voted in the affirmative) the rules were not suspended, and the bill was not passed. 

On motion of Mr. ELDREDGE, the bill was then referred to the 

Committee on 1\Iilitary Affairs. 

PROTECTION OF PERSONS OF FOREIGN BIRTH. 

The next business on the Speaker's table was the bill (H. R. No. 

3581) to protect persons of foreign birth against forcible constraint or involuntary servitude, returned from the Sena.te with the following 

amendments: 

Strike out aJ.J. after " service" in line 7 down to and including " thereof" in line 

12, and strike out sections 3 and 4; so it will read: 

That whoever shalllrnowin~ly and willfully bring into the United States, or the 

territories thereof, any personmveigled or forcibly kidnapped in any other country, with intent to hold such person so mveigled or kidnapped in confinement or to any involuntary service, and whoever shall knowingly and willfully sell or cause to be 

sold. into any condition of involuntary servitude, any other person for any term whatever, aml every person who shall knowillgly and williully hold to involuntary service any pt}rson so sold and bought, shall be deemed guilty of a felony, and, on conviction thereof, be imprisoned for a. term not exceeding five years, and pay a fine not exceeding "5,000. 

SEc. 2. That evet·y person who shall be accessory to any of· the felonies herein 

declared, either before or after the fact, shall be deemed guilty of a. felony, and on conviction thereof, be imprisoned for a term not exceeding five years, and p!lly a fine not exceeding '1, 000. 

Mr: PAGE. I move that the House concur in the amendment-s of 

the Senate. The amendments were concurred in. 

1\.lr. PAGE moved to reconsider the vote by which the amendments 

of the Senate were concurred in; and also moved tha.t the motion to 

reconsider be laid on the table. 

The latter motion was agreed to. 

ALLEGIIANY VALLEY RAILROAD COMPANY. 

The next busjness on the Speaker's table was the bill (S. No. 854) 

extending the right of way heretofore granted.to the Alleghany Valley Railroad Company through t he arsenal grounds at Pittsburgh, 

Pennsylvania. 

The !Jill was read. It authorizes the Alleghany Valley Railroad Company to extend its tmcks over ancl occupy the ground between the 

present track and the Alleghany River where the track, under the 

act approved February 14, 1853, was laid through the grounds of the 

United States at and near the Alleghany 'arsenal, in the county of 

Alleghany, in the State of Pennsylvania ; provided that the mode 

and purpose of occupa.tion shall first be submitted to and approved 

by the Secretary of Vv ar; ancl the value of the right of way herein 

granted, as fixed by a board of Army officers as the Secretary of War 

may detail to make such valuation, shall be paid into the Treasury 

before occupation in pursuance of the a.ct. Ir. NEGLEY. I move to suspend the rules and pass the bill. Mr. COBURN. I hope the gentleman will be allowed to explain it. 

Mr. NEGLEY. This bill contemplates the occupancy of a small 

piece of valueless land lying outside of the railroad track near the 

river. It is of no use to the Government ; but still whatever value 

it may have will be paid for. The motion of Mr. NEGLEY to suspend the rules and pass the bill was agreed to, two-thirds voting in favor thereof. 

RIVER AND HARBOR APPROPRIATION BILL. 

Mr. SAWYER submitted the following report: 

The committee of conference on the disagreeing votes of the two Houses on the 

amendments of the Senate to the bill (H. R. No. 3168) making appropriations for 

the r epair, preservation, and completion of public works on rivers and harbor!! for 

the fiscal year endin~ June 30, 1815, and for other purposes, avin~ met, after full. and free conference nave agreed to recommend, and do recommenu, to their respec- tive Houses as follows : That the Senate recede from its amendments numbered 3, 24, 29, and 45. 

That the House recede from its disa_!,rreement to tbe amendments of the Senate 

numbered 1, 2, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 22, 23, 25, 26, 27, 28, 31, 33, 

34, 35, 36, 37, 39, 40, 41, 42, 43, «, 45, 47, 48, anu 49, and agree to the same. That the Senate recede from its amcntlment numbered 4 and substitute the following words: "]!'or the improvement of the harbor at Erie, Pennsylvania, 20,000; '' 

aml the House agree to the same. That the House recede from its disa-greement to the amendment of the Senate 

numbered 8, and a.,o-ree to the same with an amendment as follows: Strike out the 

words "two hundred'' and insert the words ''one hundred and fifty'' in lieu thereof; 

and the Senate agree to the same. · That the House recede from its disagreement to the amendment of the Senate 

numbered 20 and agree to the same with an amendment as follows: Strike out. t.h e words " seventy-five " and insert the word " fifty" in lieu thereof ; and the Sen· ate agree to the same. That the House recede from its disagreement to the amendment numbered 21, 

and agree to the same with an amendment as follows: Strike out the worfls "two 

hundred" and insert " one hundred and fifty" in lieu thereof; and the Senate agree to the same. ' 

That the House recede from its disagreement to the amendment numbered 30, 

and agree to the same with an amendment as follows: Strike out the words " according to the plans reported by the Government engineers;" and the Senate agree to the same. That the House recede from its disagreement to the amendment numbered 32, 

and agree to the same with an a1qendment as follows: After the words " twenty thoUSllnd dollars" insert "or so much thereof as may be necessary; " and the Sen- ate agree to the same. That the House recede from its disagreement to the amendment numbered 38, 

and agree to the same with an amendm~::nt as follows: After the word "and'' insert 
5404 CONGRESSIONAL RECORD. JUNE 22, 

" 10,000 is hereby appropriated for the improvement of;" and the Senate agree to tht same. That the llou e reced from its disa;:rreement to the amendment numbered 50, and 

agTee t.o the same with an amendment as follows: Strike out the words "two from 

tfie Army, two from tbe Coast-Survey " and insert in lieu thereof "three. from the 

.Army one from the Coast-Snrvey ; " also strike out the wortl "fifty " and msert the 

word 1

• twenty-five" in lieu thereof; and the Senate al!l'ee to the same. Z. CHANDLER. WM. A. BUCKINGHAM, 

GEORGE R. DENNIS, 

Managers on the part of the Senate. 

PHILETUS SAWYER, 

RICHARD C. PAR ONS, 

ERA TUS WELLS, 

.Managers on the pa1·t of the House. 

1\Ir. 'VILLARD, of Vermont. How much does this conference r eport rednce the appropriations in the bill as it passeu the Senate f 

1\Ir. SAWYER. AIJout 250,000. 1\Ir. WILLARD, of Vermont. How much more does the bill :1p11ropriate than when it left the House 'I 

Mr. SAWYER. A little le than half a million dollars besides the 

200 000 for s11rveys. The amount now appropri::tted by the bill is 

altogether about 700,000 o~er the amount al?p~opriatecl by the bill as it left the House, and a, ltttle over half a million dollars let:s than 

the appropriations in the similar bill last year. ·Mr. SPEER. I understand that this bill appropriates now bout 

$7GO,OOO m01·e than when it pa-ssed the House 1\fr. SAWYER. About $700,000. 1\Ir. SPEER. These are pet appropriations put in by Senators, I 

suppo e¥ 

Mr. SAWYER. No, sir; a great many of them are for works which 

ha.il been officia1ly recommended ancl which were entirely proper if 

we entered upon auy new work. 1\Ir. SPEER. Is tl.Jere anybody th::tt the gentleman knows of that 

is now not provided for in this bill¥ 

Mr. SAWYER. 0, lots of them. 

1\fr. HALE, of Maine. There are enough for another bill next 

year. Mr. SPEER. W oulLl it not be well to amend the bill and put them 

all on 'I 

'fhe report of the confm·ence committee was adopted. 

Mr. SAWYER moveu to reconsider the vote by. which the report wa adopted; and also moved that the motion to reconsider be laid on the table. 

The latter motion wa agreed to. 

LEAVE TO PRINT. 

Mr. GARFIELD, by unanimous con nt, obtained 1 ave to have 

published in the RECORD some romark on the ~nb ect of surveys !oe 

tran portation route ancl on the general questwn of transportatiOn 

and r8ilioads. ( ee Appendix.) 

POST-OFFICE APPROPRIATIO:N BILL. 

Mr. TYNER snbmitted the following report : 

The committee of conference on the eli agreeing votes of the two Houses on the 

amendments of the S nate to the bill (H. R. o. 3094) making appropriations for the 

service of the Post-OJ:Iice Doparbnent for tlle fiscal year ending Jtme 30, 1875, and 

for other purposes having met, aHer full and free conference have agreed to rec- ommend, and do r~ommcnd, t? their respective Houses as follows: 

That the Senate r ecoil from Its amen lment number d 13 and 15. 

That the House r ecede from its disagreement to the amendments numbered 2 

an!l5, and agree to tho same. That·the House recec.le from its di. a~eement to the sixth amendment and agree to the same with an amendment a.'l follows: Strike out the words "library of the 

office of Assistant Attorney-General," and insert in lieu thereof the word "use;" anu tho enate agree to the same. That the Senate recede from its ill agreement to the amendment of the House to the eiO'hth amendment and agree to the same "ith .lJIJendments as f ollows: In line 1 of s:'ricl Senate amendment, after " on" insert " and after tho 1st of J anuary1 1875;" 

and on line 4 of the Hou e amendment to the said Senate amen!lment strike out the words "one cent and five mills " and insert "two cents;" and strike out all after 

"provided," in line 7, and insert "that nothing in tills act shall be held to chan~e 

or amend section 99 of the act entitled 'An act to revise, consolidate, and amend 

the statutes relating to tho Post-Office Department., apprcvrd June 8, 1872,'" and in 

section 6, line 1, after "that " insert t·he WOI'(ls "on and after the 1st day of J anu- ary 1875;" and the Honse a~ee to the same. That the enate recede from its disagreement to the amendment of the House to the twelfth amendment, anrl agree to the same with amendments as follows: In the 

second amendment of th House to said amendment strike out "taken" and insert 

" made ; " in line 31 of said Senate amendment strike out " one ; " and the House agree to the same. That the House r ecede from its ilisa;{l'eement to the fonrte nth amendment and 

a!!ree to the same with amendments all follows: In line !.J strike out "eight" and 

iri'sert "six ·" in line 33 strike out "eiQ;bt" and insert "six;" in line 67 strike out "fifty" and in. crt" sixty;" in line 68.strike out" forty" and insert" fifty;" in line 

69 strike out "thirty" and insert "forty;" anu the Senate agree to the same. That the House recede from it disagreement to the sb.-teenth amendment and a<Tree to the same with an amendment as follows: In line 87 strike out the words 

"'3, letting under advcrti emeut can take place," and in crt in lieu thereof, "the 

service shall have commenced under a contract made according to law;" and the 

Senate a !!Tee to the sam~. 

That tj;e House recede from its di'lagreement to the seventeenth amendment and 

a!!'l' to the same with an amendment as follows : eo Insert in lieu of aiu amendment the following : That hereafter the po ta.ge ou public documents mailed by any member of Con-

!!Tess the l'>re. illent, or head of any Executive Department shall be ten cents for 

each bm.md volume and on nnbountl documents the same rate as that on newspapers mailed from the known office of publication to regular subscribers; a.nd the words 

"Public flocnment" written or printed thereon, or on the wrapper thereo~ and 

certified by the signature of any member of Congress, or by. that of !Jle Presldent, or heau of an.v Executive Department, shill be deemed suffimont certificate that the same is a. public document, and the term "public document is hereby defined to 

he all publications printed by order of Con~ess or either Honse thereof: Provided, 

That thepostageon each copy of the dailyCONGRES IONAL RECORD mailed from the 

city of Washington as transient matter shall be one cent. And the Senate agree to the same. JAMES N. TYNER, 

J. G. GANNON, . . MARSHALL, 

Manage1·s on the part of the Home. 

WM. WINDOM, 

WM. B. ALLlSON, 

H. G. DAVIS, 

Managers on the part of the Senate. 

1\Ir. TThTER. I will demancl the previou C}uestion on the adoption 

of the report unless some gentleman desires to a k questions iu re- ganl to it. 

Jr. PEER. Will the gentleman state how the postage question 

is left¥ 

M.r. ELLIS H . ROBERTS. I wouldliketoa kthegentlema.nfrom 

Indiana [ Ir. TYNER] what has been done, first, as to tl1e time wl.Jon 

prepayment would l>e required on new papers, and second, as to the 

rate upon newsp::tper 

fr. TYNER. The conference report provid that the prepayment 

of postage on newspaper sl.Jall commence on th 1st clay of January, 

1 75. It also provide that the rate of postage on newspapers shall 

be 2 cents per pound upon ::tll new p::tpers pnblishecl weekly ancl more frequently, aud 3 cents per pound upon all publications publiHheu less freCJnently thau once a week. 

:Mr. BUNDY. That includes magazine . 

Mr. TYNER. Ye ; it includes magazines. That was ·the main 

point of difference between the House and the Senate. The Senate 

llad inserted 4 cents a pounu on new papers. The House in the bill 

pru;sell a few days ago, and which was incorporated almost bodily in 

the post-office appropriation bill, had agreerl upon l t ann 3 cents. When the first committee of conference met we fon.nd it almost impos ible to agree upon any sum less than 4 cents. Dnt an agreement wa.s effected by the conconcnco of two of the enat.e conferees at the 

rat.es which the Hou e hacl previously fiXed, to wit, lt ancl 3 c n ts. Wb n the conf reuce report wa submitted to the enate, one of t.l.Je 

conferees opposed it upon the ground t·hat the rate of po tage upon 

newspapers was too little, and the conferenc r port was defeated.. 

'Vhen we came togethce la t evening we :founu that the confer es on the part of the Senate considered them elve under instructions 

not to yiel!l to the House conferees, aud the only compromise that we could get that seemerl to come anywhere near to what the House ue- sired was the rate of 2 cent pee pound. 

1\Ir. ELLIS H . ROBERTS. 'Vill the gentleman allow me another question~ 

1\Ir. TThTER. Certainly. 

1\fr. ELLIS H. ROBERTS. The Ron e acljn ted tl.Je newspaper 

po ·tage in a sepa.rate bill; the enate put that upon an appropriation 

!Jill. Now, as I understand, the Senate by having the bill upon au appropriation bill seeks to compel the Hons to yield to it itsjndgment upon the question of postage; and I desire to make this point: 

that the Senate by ingrafting legislation upon an appropriation bill 

is able now to compel the House to yield against its own jndgment. 1\fr. TThTER. It docs not become me as a member of the House, or as one of the conferees on the part of the House, to s:t.y that the Sen ate 

has compelled us to do anything. It is true that we ent to them a clean appropriation bill without any legislation in it whatever. The 

Senate exercising its right did ingra.ft upon that bill a vad amount 

of legislation, and just such legislati n as never ought to be forced 

throu9h the two Houses upon an appropriation bill or in any other 

way tnan after the most thorough e~amination and the fullest deliberation. 

Now, as I said before, it is not part of my purpose, nor would it be 

becoming in me to criticise that action on the part of the Senate. But I say this, and I take this occa-sion to sa·y it perhaps for the first 

time publicly since I have been a member of the House, thn.t in my 

judgment the rules ought to be so ch8.nged that not a ingle item of 

legislation should ever be ingrafted on any appropriation bill. Bnt 

the rules do permit this to be done. It has been dono, anu we have 

to meet it now a-s we find it. 

Mr. COBB, of Kansa . I nnderstancl that the conferees on the 

part of the Honse have also yielded to the amendment of the Senate 

which ema culated the Ron e bill t.hat we pas ·ed some time back r elative to the letting of contracts, and that as it now tands the Postmaster-Geneml in making coutract.s for temporary service or regnlar 

service in case of the failure of the original contractor is confinecl to 

the list of bidders bidding in the first mstance, instea<l of being permitted, as he was allow d to do by the original bill which left the 

Hou e, to let it to the bidders in the first instn.nce ancl afterward to go 

to all he world, provided they would take it at the same price, witllout the nece sity of an additional aclverti ement. 

Jl,.fr. TYNER. In r e ponse to that I will say that tbe bill which tl.Je 

House sent to the enate r equired that the bids for contract in 

the Post-Office Department should be accompanied by bomls. It 

was designed to b1·eak up the vicious system of what is known as straw-bidding. This provision was materially amended by th1 

Senate, who ingrafted in this appropriation bill, as a part and 

parcel of it, a provison which was entirely different from that originally passed by the Honse. The legi lation adopted by the confer- ence committee. entirely defeats the legislation originally provided 
1874. CONGRESSIONAL-RECORD. 5405 

by the House. I have no hesitation in saying that the House bill 

upon this subject Wad decidedly better than that which is here propo ed. I desire further to say in this connection that as one of the 

conferees on the part of the House I would not have agreed at all to 

the amendments of the Senate if I had not believed that it was a 

slight improvement on the present law. 

Mr. COBB, of Kansas. Then I understand by the reply of the gentleman from Indiana that the bill is ema culated as I stated. And I 

wish to put it on record as a fact that it is in my judgment the 

triumph of the contractors again in the Post-Office Department by rea on of this pernicious system of legislation of attaching laws to 

appropriation bills. 

Mr. ELDREDGE. I de ire to ask the gentleman a question. 

Mr. TYNER. I v.iil yield for that purpo e. Mr. ELDREDGE. As I understand it the report of the committee 

of conference leaves the law as it existed before any amendment was made. It allows the Government to be cheated uy this class of bidlers,known as traw-bidders. Instead of protecting the Government 

again t these bids, the e rings and combiriations, the Po tmasterGeneral is allowed to give out contracts to any one he pleases, even though no bid be made. 

Mr. TYNER. I will an wer that point. I think the gentleman 

from Wisconsin has taken a little too broad a view in regard to what 

is accomplished by the report. The L1>w as it now stands provide 

that any party making a bid for the tran portation of the mails shall send in a written statement igned by one or mQre persons that he 

will faithfully perform his contract; but this bill provides that at 

the time a propo ed contractor files his bid he shall al o file his bond 

signed by securities who must fir t take an oath that they have real 

estate of more than don ble the value of the amount involved. 

Mr. ELDREDGE. What is the penalty attached to such bond f 

Mr. TYNER. The penalty is the liquidated damages on the amount 

of the bond~ 

Mr. ELDREDGE. \Vbat is the amount of the bond that the bidder 

is required to be re pon ible for in fact 'I 

Mr. TYNER. Such amount as the Postmaster-General may indicate in the advertisement for the propo als for the route. 

}.fT. ELDREDGE. Does not the gentleman know that the old law 

required bonds; but does he know a single instance in which the 

penalty was recovered 'I Did he ever know a ca e in which forfeiture was mane of the bonds of the defaulting contractors T 

Mr. TYNER. I think the gentleman does not give to the conference r eport the full credit that it deserves. The law as provided for in this 

report is undoubtedly better than the law under which the Po t-Office 

Department ha hitherto given out contracts. I do not know a single 

instance nuder the old law where damages have been recovered on the bond of a defaulting contractor. If the gentleman will listen to me I will state briefly all the provisions of the pending law as we propo e to amend it. In the first 

place the bidder mu t file his bonds with the Postmaster-General, and 

if that bid exceeds the snm of $500,000 be must also file a certified 

check for the amount, with 5 per cent. interest. There are these two 

securities. Then, in order to identify the sufficiency of the bond, the ureties 

and the bidders must take an oath that they own 1mincumbere1l real 

el3tate worth double the amount in value of the amount named in the 

bond. Then in addition to that still further, the po tma ter, who approves the sufficiency of the bond, by the pre ent law, in the event 

he shall knowingly approve a bond which he b lieves to ue insufficient, or shall approve it without proper and due examination, is not 

only to be removed from office, but disqualified forever from holding a post-office. Then in addition to that the penaUy imposed upon that 

postmaster, in the event of a prosecution and conviction, may be not 

le s than 5,000, whereas under the pre ent law it would not exceed 

the sum of ·1,000. 

Again, under the last law, under which only ono single letting has 

been made, the Postmaster-General, when the accepted bidder failed 

to enter upon his contract, was authorized to go to the second bidder 

only. In the event the second bidder would not take the contract, 

then he was authorized to make a contract with out ide parties for 

twelve months. This bill provides that after the first contractor fails 

the Postmaster-General shall go to the ecoml if his bid ue not too 

high, and if the second fail then he may go on up the list to the 

last uiuder? and make a contract at any price that he does not con- siuer too high. In the event that he cannot thus obtain a contractor, 

then he is authorized. to let a temporary contract for a period not ex- ceeding ix months and at a price not above that of the last regular 

contract on that route. 

Now I submit to the gentleman from Wiscon in [Mr. ELDREDGE] 

that while -this bill does not meet my view , while I believe I could 

frame a provision that would most effectually cut off straw-bidding, a provision which would tally precisely with the provision of the 

bill ent by the Ron e to the Senate, yet when we cannot get all we want, is it not wise to get all we can if it is better than wlh'lt we now have! 

Mr. ELDREDGE. I concede that it is wi e to get the best that we can; there is no donut about that. But the bill. of the House, a I 

unde1· toou it, provided for the reletting of the contract by adverti ement; it took away this discretion which has been vested in the 

Postmaster-General and which ha-s been so much abused. I do not 

believe in leaving t.hat di cretion t-here. I do not sa,y that the suggestion of the gentleman that the Postmaster-General has the right 

to go up the list and not let a contract at a higher price than con- tracts had been previouslylet is anyprotection whatever. 'Veknow 

very well that when the old contractor is on the ground, with his 

horses and wagon and his stock in general, he can keep everybody 

else from that route. It must be an actual letting under an advertisement or it will amount to nothing but straw; and stTaw-bidding 

will continue, in my judgment, in spite of all the things which the 

gentleman 'has suggested. 

Mr. TYNER. The gentleman from Wisconsion is very correct in his 

views that under the pre ent law: in the event of the failure of the 

contractor to perform the conditions of his contract, the PostmasterGeneral then must let a temporary contract to the man who has stock on hand and is r eady to go upon the route and perform the service. 

But the gentleman ought to remember thJ.t nuder the present law the 

Postmaster-General may make that temporary contract for twelve 

months, while the bill we are now considering proviues that he shall 

not let it for more than six months, and shall nQt in that contract ex- ceed the amount of the last regular contract on that route. I apprehend the gentleman from Wi cousin will see at once that this is a little advantage. It is not all we want; it is not what the gentle- man wants; nor is it what any gentleman in this Ron e wants who 

has honestly, carefully, and wi ely considered the ubject. We will, 

in my judgment, never get a law which is anything like right until we require the Po tmaster-General, upon the failure of the accepted 

bidder, to go outside and contract with other partie . Mr. ELDREDGE. I would like to know what force there is operating in t his House ancl in the Senate that prevents this whole orne provision which the gentleman himself say that we ought to have. 

I have no doubt of the incerity of the gentleman. I believe he does 

sincerely want to guard against the e fTand . But what power is 

there, secret or otherwis , which oyercomes him in his efforts to get an honest provision of law to protect the GovernmenU Is it in this 

Honse or around this House or in the Department . What power i 

there so mysterious as to balk all the efforts of this Congress to do 

what ought to be done 'f 

Mr. TYNER. The gentleman from Wisconsin ou.uht to know that 

I am not able toanswerhisquestion. I have been in this Hou. efor five 

years, dlll'ing which time I have been more or le s intimate with the 

affairs of the Po t--Office Department as they come here. If there is a ring or a lobby or any other kind of influence about this House or the other Honse that prevents the passage of such bills as are nece - sary to protect the Government in this regarcl, I say to him frankly 

that I never saw them; I know nothing about them. No man has ever approached me on the subject; no man ever dared to. 

Mr. ELDREDGE. I do not uppose the gentleman has ever been 

approached in that way. I hope he did not tmder tand me as intimatin~ any such thing. 1\Ir. TYNER. I do not. 

Mr. ELDREDGE. I do not believe that the gentleman can be approached. But there is some mysterious force at work so that wheu we find an almost unanimous opinion in Congress in favor of adopting such a provision as shall protect the Government, we cannot ac- complish that purpo e. I ay that we should stay here till next August, nay, till the time for the next se sion to commence, before we shoulil allow om elves to ue balked in our effort to provide against 

this crying evil. · Mr. LUTTRELL. I hope that this matter will be recommitted to 

the conference committee; ancl let us, as the gentleman from Wis- con in [ fr. ELDREDGE] ays, stay here, if need be, till the com- mencement of the next ession i.J1 order to break up this combination to defrancl the Government. I say that we should refuse to adjourn until tills sy tern of "straw-bidding" is broken up. Mr. TYNER. The indignation of the gentlemen is all right; but we are getting now a law better than we have ha-d. 

I yield a moment to the gentleman from Connecticut, [Mr. HAwLEY;] and then I propo e to yield for a short time to the gentleman 

from Pennsylvania, [l\fr. PACKER.] 

}.fr. HAWLEY, of Connecticut. Mr. Speaker, I am very sorry that 

the conference committee thought it neces ary to yield upon the subject of post.age on newspapers, because I am ure that the report in 

that respect i , as it now stands, an error. I feel very sure, indeed 

I know, that the jm1gment of the Postmaster-General is with me in 

this matter. I know from his own most emphatic expressions on the 

subject that he would have preferred to risk the failure of the appropriation bill rather than yield to the original demand of the Senate; 

and it is with great reluctance. that he has yielded to this final settlement. 

I have no right to speak of gentlemen's motives as unworthy; bnt 

I do think it is an unworthy motive if gentlemen believe that in 

adopting such a mea ore as this they are in any way punishing any 

class of people. I hear intimations of that ort sometimes; but it seems to me such consideration ought not to enter into legislation. 

If any gentlemen fancy that they have given abundant protection-a 

heavy protective tariff as it were-to the country or local newspapers, 

and ~hat it is at the same tjme a matter of congratulation that we have put a sudden, unexp cted, and very heavy burden upon papers 

of wider circulation, I think they look at this matter in the wrong light. . 
5406 CONGRESSIONAL RECORD. JUNE 23, 

There is no paper that is circulated exclusively within the county 

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

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

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

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

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

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

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

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

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

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

facilities will make an arrangement by the year with the express 

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

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

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

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

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

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

the mails could not give them sufficient accommodations; and thus 

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

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

injustiM. 

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

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

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

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

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

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

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

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

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

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

resist every proposition to pnt general legislation on appropriation 

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

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

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

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

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

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

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

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

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

much due as his will be. 

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

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

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

five minutes of the expiration of this legislative day. 

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

a.m.,) the Honse afljoorned. 

PETITIONS, ETC • . 

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

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

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

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

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

Railway, to the Committee on Railways and Canals. 0 

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

LaDds. 

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

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

to t.he Committee on Ways and Means. 

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

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

of the Continental Freight Railway, to the Committee on Railways 

and Canals. 

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

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

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

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

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

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

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

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

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

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

the Committee on Private Lanu Claims. 

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

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

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

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

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

the Committee on Public HnUiling and Grounds. ' 

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

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

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

Currency. 

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

Also, re olution of the Philadelphia County Medical Society in 

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

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

natme, to the same committee. 

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

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

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

Committee on Railways and Canals. 

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

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

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

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

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

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

IN SENATE. 

TUESDAY, June 23, 1874. 

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

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

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

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

with. 

CLERKS AT SPRINGFIELD ARMORY. 

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

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