-

1879. CONGRESSIONAL RECORD-HOUSE. 439 

clared by the court. An erroneous declaration of the rnle of damages 

by the court to the jury is ground of exception and new tria1. So that 

the power which declares the law, and not the power whioh ascertains 

the facts, is the power which is to declare the rnle of damages which 

is to prevail, and it follows from that that the rnle of damages must 

be the same for all like cases. Well, now it has been found that the rule of damages in these patent causes which holds the defendant to be a trustee for the plaintiff 

in relation to all the profits which he ha.s made by-the use of the 

invention in case of an infringement has in practice become an intolemble grievance. It is an intolerable grievance for two reasons: :first, because ordinarily it is an incorrect rule and the injury to the 

plaintiff is ordinarily far short of the saving which an infringer may 

have mac1e by the nse of a labor-saving invention. In the next place, 

it is an intolerable grievance because of the opportunity which it 

offers for oppressiQn of poor defendants by complainants and the oppression of poor but honest complainants by defendants. The undertaking to enter upon and to delay the final judgment of a patent cause by inquiries into the profits of va.st business undertakings in 

which patented inventions are used occasions very often years of 

delay and the most enormous expenditure, and it is the one blot on the patent law. Tho large number of persons before us, representing 

all the interests of inventors, infringers, lawyers, plaintiffs, defendants, all agree that complainants are often debarred from asserting 

and maintaining just claims by the cost of being compelled to go 

into these expensive and protracted investigations when they were required by the defendants, and that on the other hand the defendant was overburdened by costs and delay and to his ruin by being com- pelled to go into this class of investigation; and, therefore, the com- mittee were of opinion that on the whole justice was best attained by 

adopting the simple, clear, practical ru1e which is set forth in the 

second section, which, although not absolutely complete for all cases, 

is the most complete practical ru1e for all cases which the committee, 

hearing all interests, have been able to devise. 

If that be true, and we are justified in affirming to the Senate that 

it is the result of the greatest experi_ence ·in patent causes in this 

country so far as we can learn that resUlt, then it seems to me that it 

is proper for the law-making power to enact a ru1e of law by which 

damages are to be assessed hereafter just as much as it was proper for 

the Judiciary in the beginning to decL'tl'e, in the absence of the statute enactment, the rule which they would lay down. 

The PRESIDING OFFICER. The Secretary will report the pending amenclment. 

Mr. DAVIS, of Illinois. The motion of the Senator from Michigan was to have the billlaJd over and the amendment printed. 

The PRESIDING OFFICER. The Chair understood the suggestion 

to be made that the amendment be printed, but did not understand 

that the bill shou1d be laid over. Mr. DAVIS, of Illinois. He• said temporarily laid over, at any rato 

until we could get the amendment in print. 

Mr. CHRISTIANCY. Mr. President, I have on.e word to say which 

is suggest~d to me by the argument of the Senator from Massachusetts upon the constitutional question which is raised by the Senator 

from Ohio. · 

Mr. President, although the Constitution give~ an exclusive right 

to an inventor to his invention or discovery, I do not therefore think 

it incompetent for Con~ess to provide a remedy and in the providing 

of that remedy to provide rules of damages or as to amounts of recov- ery. All the duty which devolves upon Congress in that direction is 

that they shall give a competent remedy for the violation of the patentees' rights, and it makes no difterence in my view what that form 

may be~ that it remains a competent remedy and will give ai adequate compensation. -

Mr. HOAR. Mr. President, I propose to offer an amendment to the 

.sevent].t section. It was intended to 'Qe inserted by the committee 

when they reported the bill, but was omitted by accident. All the 

memb13rs of the committee assent to it, I believe. . The PRESIDING OFFICER. Does the Senator desire the amendment to be printed T : Mr. HOAR. I submit the amendment, and wou1d like to have it 

printed. • The PRESIDING OFFICER. It will be so ordered. 

Mr. WADLEIGH. I offer a similar amendment, which has been 

agreed to by the committee, and which was handed me by the chairman, on going away, wit.h the request that I should submit it. 

The PRESIDING OFFICER. Does the Senator desire to have it 

printed f 

Mr. WADLEIGH. Yes, sir. 

The PRESIDING OFFICER. That order will be made. 

Mr. CHRISTIANCY. I renew the suggestion which I made a little 

while ago that this bill be informally laid aside until to-morrow, and 

that in tho mean time the amendments be printed. 

The PRESIDING OFFICER. Is there objection to the pending bill 

ibeing informally laid aside until to-m!Jrrow f 

Mr. CHRISTIANCY. I shall not insist upon it if the committee 

.oppose it. 

The PRESIDING OFFICER. Is there objection to the bill being 

informally laid aside until to-morrow, then to be resumed as the 

unfinished business f The Chair hears no objection, and that order 

Mmade. 

Mr. DAVIS, of illinois. I wish to Jpove an amendment to the fifth 

section, which I submit to be printed. · 

The PRESIDING OFFICER. The order to be printed. will be made. 

Mr. HOAR. I should like to have the Senator's amendment read 

for information. 

The PRESIDING OFFICER. The amendment of the Senat{)r from 

Illinois will be reported. 

The SECRETARY. It is proposed to add to section 5: 

Prwided, That it shall not be lawful to grant any reissue of any patent fur any invention except the invention which was embraced in the original patent. 

EXECUTIVE SESSION. 

The PRESIDING OF~"'ICER. The Calendar of general orders is now before .the Senate. The Secretary will report the first bill. 

The first business on the Calendar was the joint resolution (8. R. 

No. 8) authorizing Captain Jonathan Young, of the United States 

Navy, to accept a betel-nut box: and a silver medal from the Emperor of Siam. 

Mr. SARGENT. I move that the Senate proceed to the consideration of executive business. 

The motion was a~reed to; and the Senate proceeded to the con- sideration of executive business. After fifteen minutes spent in ex- ecutive session the doors were reopened, and (at three o'clock and 

twelve minutee p.m.) the Senate adjourned. 

I' 

HOUSE OF REPRESENTATIVES. · 

TUESDAY, January 14, 1879. 

The Honse met at twelve o'clock m. Prayer by Rev. W. V. TUDOR, 

Methodist Episcopal Church South, Saint Louis, Missotll'i. 

The Journal of yesterday was read ·and apprqved. 

ORDER OF BUSINESS. 

Mr. HASKELL. I move that there be so much of a morning hour 

this morning as will permit the call of State.s and Territories for the 

introduction of bills. There was no morning hour yesterday for that 

purpose. 

Mr. Mc~IAHON. I object. 

Mr. COX, of New York. I hope we will have a morning hour for 

the introduction of bills. 

Mr. McMAHON. I object. 

The SPEAKER. It requires unanimous consent. 

THE LATE ALPHEUS S. wlLLIAl\IS. 

Mr. HUBBELL. I ask unanimous consent to submit for consideration at this time the resolution which I send to the Clerk's desk. 

The Clerk read as follows: 

Resolved, That the Committee on Appropriations be instrncted to include in the 

sundry civil appropriation bill an item aJ.opropriating a sum sufficient to pay the widow of the late Alpheas S. Williams, late atRepresentative from the State of 

~hl~~~ ~-::: e!:t!d.t he would have received for the remainder of the term for 

Mr. COX, of New York. Why cannot we also include in that resolution a provision for the salary of the late Represent.ative from 

Texas, Hon. Mr. Schleicher f 

The SPEAKER. That has already been provided for. 

There being no objection, the resolution was adoptedMr. HUBBELL. I desire to give notice that on Thursday, the 6th 

day of February next, I will call up the resolution in relation to eulogies upon my late colleague, Mr. W~ams. 

ORDER OF B'US~'"ESS. 

Mr. Mc~IAHON. I call for the regular order . . Mr. DURHAM. I desire to submit a privileged report. 

Mr. REAGAN. AHow me to ~sk an order of the House for the 

printing of ·certain documents for the use of the committee . The SPEAKER. The gentleman from ·Ohio [Mr. McMAHo~l demands the regular order. The gentleman from Kentucky [Mr. DURHili] is on the floor by reason of his right to submit a conference 

report; and he bas no power to yield the floor for some other purpose. 

Mr. DURHAM. If I bad the power I wou1d yield; btit the gentle- man from Ohio [Mr. McMAHON] calls for the regular order. 

The SPEAKER. The Chair does not think it is in the power of the 

gentleman to take the floor upon a privileged report and then parcel 

it out to others. 

MILITARY ACADEMY BILL. 

Mr. DURHAM. I submit the report which I send to the Clerk's 

desk. 

The Clerk reacl us follows: 

The committee of conference on the disagreeing votes of the two Htm.ses on the 

amendments of the Senate to the bill of the House 'No. 5230, making appropriations for the support of the Military Academy for the fiscal year ending .Tune 30, 1880, 

and for other purposes, having met, after full and free conference, liave agreed to 

recommend and do recommend tQ their respective Houses as follows: 

That the Senate recede from ita amendments numbered 1, 2, 3, and 4. That the Hou.se recede from its disagreement tQ the amendment numbered 9, and 

agree to the same. That the House recede from its disagreement to the amendment numbered 5, and a,.aree to the same with an amendment, as follows: In lieu of the sum proposed. 

insert " 900 ; " ood the Senate agree to the same. 
' 

440 CONGRESSIONAL RECORD-HOUSE. 

That the House rooede from ita disagreement to the ~endment numbered 7, and 

So£ree to the same with an amendm(lnt, as follows: In lieu of the sum proposed, 

insert "$1,500; " and the Senate~ to the 6&1De. 

That the House recede from its di.sa.j:treement to the amendment numbered 8, and 

agree to the same with an amendment, as follows: In lieu of the sum proposed, 

iDsert "$3,100; " and the Senate agree to the same. 

~:~~~¥H. Manag_ers on the part of Ute House. 

WILLIAM B. ALLISON, 

HENRY G. DAVIS, 

Mana.gers on the part of the Senate. 

Mr. J:>URHAM. There were three or four points of difference between the two Houses, the main one being Senate amendment No.7 . .appropriating _$3,000 for apparatus for illustrating the science of ~lectricity as apphed to the usofnl arts. We have agreed to appropnate 

haJ£ the sum proposed, $1,500. This was the principal item of differ- ence between the two HQUses. If no gentleman desires to make any 

further inquiry, I ask a vote on the adoption of the report. 

The report was adopted. 

Mr. DURHAM 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. 

ORDER OF BUSL."ffiSS. 

Mr. McMAHON. I call for the regular order. ·The SPEAKER. The Chair desires to state the situation of the 

business of the House. 

Mr. REAGAN. Will the gentleman from Ohio [Mr. McMAHoN] 

allow me to ask the printing of some papers 7 

Mr. McMAHON. We have substantially two hours to-day for debate upon the Geneva award bill. A great many measures are being 

pressed upon the attention of the House in antagonism to each other; 

and I feel that I cannot do otherwise--

Mr. COX, 6£ New York. I object to discussion. 

Mr. McMAHON. I call for the regular order. 

The SPEAKER. The Chair desires to state that to-day was fixed 

by the unanimous consent of the House for the consideration of the 

bill known as the Mississippi levee bill, reported from the committee 

on that subject. Mr. ROBERTSON. I move that the House resolve itself into Committee of tbe Whole for the coll!!ideration of that bill. 

Mr. BUCR:NER. Does that bill override other special orders previously made f 

Mr. ROBERTSON. Yes, sir. 

The SPEAKER. The Chair will cause to be read the order of the 

House on that sn bject. 

The Clerk read as follows : 

On motion of Mr. ROBERTSOY, by unanimoc.s consent the bill of the House :Yo. 

43l8, to provide for the organiza.tio!l .of the Mississippi River improvement com- mission, and for the correction, vermanent location, and deepening of the channel 

and the improvement of the navigation of said river, reported on the 22d of May last, and committed to the Committee of the Whole House on the state of th.e 

Union, was made a special order therein for Tuesday, January U, 1879, to the ex- clusion of all prior special orders. 

Mr. HALE. I rise to the question of the order of business. 

The SPEAKER. The gentleman will state it. 

Mr. HALE. The Geneva award bill which has been debated for some days has come over from day to day ; and if nothing else should 

interpose would be resumed this morning, and could be easily disposed of to-day. Many gentlemen who have taken an interest in this 

matter would be glad to have it out of the way so that it will no longer block other business. Now, in view of what may be the ruling of the Chair upon the special ordet· in reference to the levees, 

represented by the gentleman from Louisiana, [Mr. ROBERTSON, 1 I sug~est to him that be refrain from antagonizing that pill with the 

busmeSB which has been running for several days-the Geneva a ward 

bill; and I ask the Chair as a matter of parliamentary law whether 

if a motion in the nature of raising the question of consideration be 

made to postpone the levee bill until Thursday next, a majority of 

the Honse cannot so postpone it, and whether it will not in that case retain all the rights for Thursday next tha.t it has to-day. 

The SPEAKER. It has generally been held that t.he House by a majority vot& has power t-o postpone a. special order. This special 

order seems to have been fixed for the consideration o~ the bill in 

Committee of the Whole, and if there be no objection on either side 

that fact affords a ready solution of the present difficulty ; so that, 

without dispute or controversy, a vote could be had to-day upon the 

Geneva award bill, the Mississippi levee bill retaining for Thursday 

next all the rights which it possesses to-day. · Mr. HALE. I trust the gentleman from Louisiana will agree to 

this proposition. 

Mr. GffiSON. I hope dty colleague, [Mr. ROBERTS08,] the chairman of the committee on this subject, will accede to the proposition 

of the gentleman from Maine. It should be perfectly satisfactory. 

Mr. ROBERTSON. I accept the proposition of the gentleman from 

Maine. 

The SPEAKER. Is there obJection to the arrangement proposed f 

Mr. BUCKNER. Is the conSlderation of the levee bill confi.D.ed· by 

the existing order to this dayf 

The SPEAKER. It is, according to the terms of the order. 

Mr. BUCKNER. Then to-morrow any other business may come np. 

:rhe SPEA:KER. To-morrow has been as8igned for the consideratiOn of busmess from the W a.ys and Means Committee. · . Mr. EDEN. · Then tho levee bill, when it comes up on Thursday will have only that one day. ' 

The SPEAKER. But one day. • 

Mr. HEWITT, of Alabama~ Will it have its day except by general consentf 

Tho SPEAKER. The Chair trunks that a majority of the Hous& can postpone the special order of to-day until Thursday next. In a. moment the Chair will recognize the gentleman from Alabama [Mr. HE~'IT] to test the sense of the House (as the Chair understands he 

de&res to do) as between the Geneva award bill and the bill rrranting 

pensions to soldiers of the Mexican war. The Chair desire; to clear 

away one difficulty at a time. . · 

~.IJ.:· ~IO~EY. Do I un~ersta.nd that, as respects the right of the 

Mtsstss1pp1 Levee Commtttee, Thursday is to be substituted for today f 

The SPEAKER. That is the proposition, to which the Chair hears. no objection. 

Now ~he ge:!ltlema.t;~ from Alabama [Mr. HEWI'IT] raises the question. ~f const?-era.tt?n aga.ms~ the Ge~eva award bill, desiring to bring up 

for consideratiOn the btU granting pensions to soldiers of the war with Mexico. This question can be determined by a majority of the 

House. 

Mr. HALE. Let us have a vote on that. . 

The SPEAKER. The gentleman from Alabama moves that the 

House resolve itself into Committee of the Whole the object being to 

reach the bill granting pensions to the soldiers of the war with Mexico. 

The question being taken, the Speaker declared that the noes appeared to prevail. 

Mr. HEWITT, of Alabama. I call for the yeas and nays. 

Mr. HALE. I hope the gentleman will consent to have the question settled by a division. 

The yeas and nays were ordered. 

The question was taken; and it was decided in the affirmativeyeas 114, nays 104, not voting ·70, as follows : 

Aiken, 

Atkins 

Banning, 

Beebe, 

Bell, 

Bicknell, 

Blackburn, · Bland, 

Bliss, 

Blount, 

Boone, 

Boyd, 

Bragg, 

Bright, 

Brogden, 

Buckner, 

Bundy~ 

BurdicK, 

Caldwell, John W. 

Campbell, Candler, 

Cannon, 

Carlisle, 

Chalmers, 

Clark of .Miasourl, 

Clymer, 

Cobb, 

Collins, 

Cox, Samuel S. 

Acklen~ Aldrich, Bacon, 

Bagley, 

Baker, John R. 

Ballou, 

Bayne, 

Benedict, 

Blair 

Bouck, 

Brewer, 

Bridges, 

Briggs, 

Browne, 

Burchard, 

Cain, 

Calkins, 

Camp, 

Caswell, 

Chittenden, 

ClaJlin, 

Clark, Rush · Cole, 

Conger, 

Covert, 

Crap(), 

Bailey, 

Baker, William H. 

Banks, 

Bisbee, · Brentano, 

Butler, 

Cabell, 

Caldwell, W. P. 

YEAS-114. 

Cravens, Herbert, 

Crittenden, Hooker, 

Culbel'!IOn, House, 

Cummings, Hunter, 

Cutler, Ittner, 

Davis, Joseph J. Jones, James T. 

Dibrell, Kenna, 

Durham, Kimmel, 

Eden, Ligon, 

Ela.m, Luttrell, 

:l£vins, John H. *~f!hey, E~, ~ ' Felton, Marsh, 

Forney, :Martin 

Eort, McMahon, 

Franklin Metcalfe, Fuller, ' Mills, 

Garth, Money, Gibson, Morgan, 

Goode, Muldrow, 

Gunter, Patterson, T. M. 

Hamilton, Peddie, 

Hardenbergh, PPbillih~lps, Harris, Henry R. "DM ps, Harrison, ... ...,..., Hatcher, ~. 

Henderson, Rice, Americus V. Henry, Robbins, 

Hewitt, G. W. Sampson, 

NAYS-104. 

Danford. Joyce, Davis, Horace Keightley, Deering, Kelley, Denison, Ketcham, 

Dunnell, Killinger, Dwight, Landers, 

Ea.mes, Lapham, Ellis, Lathrop, Ellsworth, LiDdsey, 

EITett, Loring, Evans, James L. Lynde. Foster, McCook, 

¥rye McGowan, Garfi'~d, McKinley, Hale, Monroe, 

Harmer, Morse, 

Haskell, Neal, . Hayes, Norcross, 

Hazelton, O'Neill, 

Hewitt, Abram S. Overton, 

Hubbell, Page, Humphrey Patterson, G. W. 

Hungerford, Pollard, 

James, Pound, 

Jones, Frank Price, 

Jones, John S. Randolph, 

NOT VOTING-70. 

Clark, Alvah A. Evans, I. Newton 

Clarke of Kentucky, Finley, Coo~ :Freeman, 

Cox, Jacob D. Gardner, 

Davidson, Gause, 

Dean, Giddings, Dickey, Glover, 

Eickhoff, Hanna, 

Sayler, 

Sc8les, 

Sexton, 

Singleton, 

Slemons, 

Smitb, William E. 

Southard, 

Sparks, 

Steele. 

Strait · Throckmorton, 

Townshend, R. W. 

Tucker, 

Turner, 

Turney, 

Vance, 

Waddell, 

Walsh, · . • White, Michael D. 

Wbitthorne, 

WiiOOnton, 

Wi.llfums, James 

WilliiLDls, Jere N. 

Willis, AlbertS. 

Wood, 

Wren, 

Wright. 

Reill ruclwill.ia.m w. 

Robe$on, . RobinSon, G. D. 

Ryan, 

8app, 

Sballenberger, 

Smalls, 

Smith, A. Herr 

Starin, 

Stewart, 

Swann, 

Thompson, 

Tipton, 

Townsend, Amos 

Townsend, M. I. 

Ward, 

Warner, 

·watson, 

White, Harry 

Williams, .A.ntlrew 

Williams, C. G. 

Williams, Ricno.rd 

Willis, Benjamin 4 

Willits, 

Young, JohnS. 

Harris, Benj. W. H.arri.B, John T. Hart, 

Hartzell, 

Hendee, 

Henkle, 

. Hiscock, 

Hunton, 
1879. CONGRESSIONAL RECORD-HOUSE. 441· 

Jq~ensen, Mattison, Roberts, 

X"'eifer, Muller, Robinson, M. S. 

Knapp, Oliver, Ross, 

Knott, Potter, Shelley, Lockwood, Powers, Sinnickson, 

Majors, Pridemore, Springer, 

Manning, Pn~h, Stenger, Maybam, Rainey, Stephens, 

Mckenzie, R1:led, Soone, John W. 

Mitchell, Riddle, . Stone, Joseph C. 

Thornburgh, 

Van Vorhes, 

Veeder, 

Wait, 

Walker, 

Wilson, 

Yeates, 

Young, Casey. 

So the motion to go into committee was agreed to. 

DUI'ing the vote, 

Mr. CARLISLE said: My colleague, Mr. :YcKExzm, is paired with 

Mr. PoWERS. If present, he would vote in the affirmative. 

Mr. GUNTER. My colleague, Mr. GAUSE, is absent on account of 

sickness. If here, he would vote in the affirmative. 

Mr. STONE, of Michigan. I am paired on this and on all political 

questions with Mr. SHELLEY, of Alabama. 

Mr. BROWNE. My colleague, Mr. Ronrnso~, is confined to his room by indisposition. If be were present, he would vote in the negative. 

Mr. MARTIN. My colleague, 1\Ir. WILSoN, who is necessarily absent, 

would, if present, vote in the affirmative. 

Mr. HARRIS, of Virginia. I am paired on this question with }!r. 

WAIT, of CQniiecticut. I would vot6 in the affirmative. 

The vote was then announced as above recorded. 

The SPEAKER. By the vote just taken the Honse has resolved to 

go into committee for the purpose of considering the bill grant4Jg 

pensions to soldiers and sailors of the Mexican and other wars; and 

for the present to postpone the further consideration of the unfinished 

busines , which is the Geneva award bill. 

PENSIONS FOn MEXICL"i A~ OTHER WARS. 

The House accordingly resoh·ed itself into the Committee of the 

Whole on the state of the Union, (Mr. EDE~ in the chair,) and re- sumed the cousideration of the bill (H. R. No. 257) granting a pension 

to certain soldiers and sailors of the Mexican and other wa'rs therein 

named, and for other purposes. 

The CHAIRMAN. All general debate on the pending bill is ex- hausted, and the Clerk will read the first section and then the amendment reported from the Committee on Invalid Pensions. 

The Clerk rca.d as follows: ' 

That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pens110n-roll the names of the surviving officers and enlisted men, including militia and volunteers of the military and na~alservices of the United 

States, who served sixty days in the war of 1846 and 11347 with Mexico, or in the 

Creek war of 1835 and 1836, or in the Florida. or Black Hawk war for thirty days and were honorably discharged, and to such other officers and soldiers and sailors .as may have been personally named in any resolution of Con~ss for any specific service in said wars, although their term of service may have been less than sixty · days, and the surviving widows of such officers and enlisted men as were mar- ried to such officers or soldiers or sailors prior to the discharge of such officers and 

enlisted men : Provided, That such widows have not remarried. 

The CHAIRMAN. The Clerk will now read the pending amendment o:fl:ered by the Committee on Invalid Pensions, !rom which the 

bill originally came. Mr. HARRISON. I wish to know whether this bill is now in the 

condition when amendments can be offered to it? 

The CHAIRMAN. The Clerk will first read the amendment re- ported from the Committee on Invalid Pensions. 

Mr. HALE. Nobody has been able this morning, ~Ir. Chairman, 

to get a copy of this bill, and I therefore wish to ask whether the 

opportunity of offering amendments, aside from those printed, will 

Yle lost if this proceeding goes on any further! 

The CHAIRMAN. The bill is now being read by section for amendment, an'd the amendment offered by the Committee on Invalid Pensions will first be disposed of and then the section will be open to 

further amendment. 

Mr. HALE. The amendment proposed te be read is the amendment 

reported by the committee to the· first section 7 . The CHAIRMAN. It is; and the same proceeding will be had in 

reference to the o:ther sections. 

Mr. HALE. The Chair will see the difficulty we are laboring under, as we have not copies of the bill and cannot get any. 

The CHAIRMAN. The Clerk will now read the amendment re- ported to the first section by the Committee on Invalid Pensions. · The Clerk Tead as follows: 

Strike out lines 9, 10, and 11, which read as follows: "Or in the Creek war of 1835 

and 1836, or in the Florida. or BlackHawk war for thirty da.ys ;" and in lieu thereof 

insert the following: • 'Who served tbirty days in the Creek war or disturbances 

of 1835 and lsa6, or in the Florida. war with the Seminoles from 1835 to 1842, or tbe Black Hawk war of 1832; " so the section, if amende<l, will read as follows : That the Secreta.ryof the Interior be, and he is hereby, authorized and directed to place on the pen&on-roll the names of the survivin~ officers and enlisted D_l~~ 

including militia. and voiunteers, of the military and naval services of the Unitoo 

States, who served sixty days in the war of 1846 and 1847 with Mexico, who served 

thirty days in the Creek war or disturbances of 1835 and 1836, or in the Florida war with the Seminoles from 183.) to 1842, or the Black Hawk war of 1832, and were honorably discharged, and to such other officers and soldiers and sailors as may have been personally named in anf resolution of Congress f(!r any specific service 

in said wars, althou~h their term o service may have been less tban sixty d'cl.ys, and 

the survivina widows of such officers and enlisWd men as were married to such 

officers or sof<llers or sailors prior to the discharge of such officers and enlisted men: Provided, That such widows have not reman-ied. 

Mr. HALE. Let me ask the gentleman from Alabama [Mr. HEWITTl where we can get the printed copy of this amendment f 

'!'he CHAIRMAN. The amendments, the Chair is informed, are printed with the bill. 

~Ir. HEWITT, of Alabama . . I desire to offer an a.me'{l,~ent to the 

amendment. The word "or" immediately following 41 Mexico," in 

the ninth line, was stricken out by mistake. That ought to be inserted in the amendment. 

The amendment to the amendment Wa.B agreed to. 

The CHAIRMAN. The question is on agreeing to the amendment 

reported by the committee as amended. 

Mr. CLARK, of Missouri. I ask that it may be again read. 

The amendment was again read. 

Mr. HEWIIT, of Alabama. I desire briefly to state the effect of 

the amendment. 

The CHAIRU.A]i. By order of the Honse all debate has been 

closed. 

.Mr, HEWITT, of Alabama. Then I ask unanimous consent to mako a statement. . Mr. TOWNSEND, of New York. I object unless others can have 

the same opportunity to speak on the amendment. 

Mr. WILLIAMS, of Oregon. Is it in order to offer an amendme11.t 

to the amendment: 

The CHAIRMAN. Not while the committee is dividing. The 

question is on the adorftion of the amendment which has jn.st been 

read. 

The question being taken, there were-ayes 65, noes 71. 

Mr. HEWITT, of Alabama, called for tellers. 

Tellers were ordered; and Mr. HEWITT, of Alabama, and Mr. WHITE, 

of Pennsylvania, were appointed. 

The ~ommittee again divided; and the tellers reported-ayes 81,. noes 91. · So the amendm~nt reported by the committee was not agreed to. 

Mr. HARRISON. I offer the amendment which I send to the desk. 

The Clerk read as follows: 

In line 20 of the bill, after the word " days," insert the following: Provi!Ud, however, That no such person shall be entitled to a pension until h& 

shall have aiTived at the age of sixty years, unless such person sbaJllJe, from dis- ease or other infirmity, unable oo earn his living by manual labor. 

Mr. WHITE, of Pennsylvania, rose. The CHAIRMAN. Debate is not in order. 

Mr. WHITE, of Pennsylvania. I rise for the purpose of offering an amendment to th6 amendment, to strike out "sixty" and insert 

"seventy-five.71 

~Ir. HARRISON. Do I understand the Chair to say that no remarks on amendments which may be offered are in order T . The CHAIRMAl.~. The Chair has so stated. 

Mr. HOOKER. May I be permitted to inquire of the Chair why 

deba-te is not in order 'I 

The CHAIRMAN. All debate wa-s closed by order of the Hous& 

before going into Committee. 

Mr. HEWIIT, of Alabama. Js not debat-e in order under the fiveminute rule! 

The CHAIRMAN. By order of the Honse all debate was closed 

before going into Committee of the Whole. The Clerk will read the 

order which was made on the 27th February, 1878. 

The Clerk rea~ as follows : · 

Mr. G<'JLDSIDTH W. HEWl'IT moved that the House resolve itself inoo the Committee of the Whole House on the state of the Union. 

Pending whiob, 

Mr. IIEWl'IT further moved that all debate on the bill of the House (H. R. 257) 

granting pensions to certain soldiers a.nd sailora of the Mexican and other wars therein named, pending therein, terminate in one hour and ten minutes when th& 

House next resolves itself into the said committee. 

Mr. HOOKER .. I submit to the Chair that the debate which was closed by order of the House was general debate. All general de bat& was closecl by the order which the Chair has just caused to be read; 

but I think the Chair is mistaken in supposing that that order of the 

House directing what course should be adopted when the House went 

into Committee of the Whole cut off the five-minute debate which is. 

allowed by the rules upon the amendments that may be o:fl:ered. I say 

this because I desire to oppose the amendment which the gentleman from Illinois has just offered. 

Mr. SPRINGER. I call the a-ttent!.on of the Chair to Rule 60, which 

provides: 

No member shall occupy more than one hour in debate on any question in the- House, or in committee, but a member reporting the measure under consideration 

from a committee may open and close the debate: Provided, That where debate is- closed by order of the House, any member shall be allowed, in committee, five min- utes oo explain any amendment he may offer. 

Now we have just reached that stage in the consideration of this 

bill in Committee of the Whole where debate has been closed by order· of the House and a member may debat.e an amendment for five minutes and then the member getting the floor next may oppose the· amendment for five minutes. There can be no suspension of this rule 

except on Mondays and by a two-third vote of the Honse, and that 

has not been done. 

I desire further to call the attention of the Chair to the last pro-- viso of this rule. It is : 

That the House may by the vote of a majority of the members present, at anytime after the five minutes' debate has taken pl.aoo upon proposed amendments to. any section or paragraph of a. bill, close all debate upon such section or paragraph,. or at their election upon the pending amendments only. · 

'\Ve have not yet reached that stage to which this clause of the ruleapplies, tlie five-minute debate not having taken place upon the. 

amendment. 
442 CONGRESSIONAL RECORD-HOUSE. J ANU .A.RY 14, 

Mr.:aEWITT, of Alabama. If the point of order had been raised 

when my motion to close debate was made, the motion might have 

been ruled out of order as being in contlict with the rule to which the 

gentleman from Illinois [Mr. SPRINGER] has called the attention of 

the Chair. But the motion was made to close all debate-not general 

debate, but all debate upon t.his bill; and no objection having been 

made to the form of the motion and no point of order havin~ been 

raised upon it, it seems to me that the gentleman from Illinois IB now debarred from invoking the application of the rule to which be has 

alluded. 

Mr. SPRINGER. The motion made by the gentleman from Alabama was the usual motion to close all neral debate. That waa understood to be its effect, otherwise objectwn would have been made. 

If .the effect of the order was to close all debate absolut-ely it would 

cut off aU debate on the various sections of the bill and compel the 

committee directly to vote on every proposition without hearing it 

explained, which certainly was not contemplated at the time the 

order was made. 

Mr. HEWITT, of Alabama. I will state that it was net my object 

when I made the motion to cut off debate under the five- minute rule. 

That was n<>t my intention, and I thought that the bill was still open 

to debate under the five:-minute rule. I think, however, the ruling 

of the Chair is technically right. Th~ CHAIRMAN. The Chair is prepared to rote on the point of 

order which has been raised. The usual order made as to closing debate is that all general debate be :closed within a limited time, and 

when an order is made closing general debate amendments which are 

offered are then debated under the five-minute rule. 

The order having been made closing all debate without any objection in the House the Chair thinks it was equivalent to a suspension 

of the rn1es and that all debate is closed on the bil1, and he therefore 

rules that debate is not in order. 

Mr. TIPTON. I move that the committee rise for the purpose of 

opening this question of debate. . Mr. HEWITT, of Alabama. If the gentleman will hear me for a moment be will see that that cannot be done. 

Mr. MONEY. I desire to speak to the point of order. 

The CIIAIRMA.N. The point of order is already decided, and the 

gentleman cannot be heard unless he wishes to take an appeal. 

The question was put upon Mr. TIPTox's motion ; and on a division 

there were-ayes 787 noes 72. 

Mr. HEWITT, of Alabama, called for tellers. 

Tellers were ordered; and Mr. HEWITT, of Alabama, and Mr. TIPTON were appointed. 

The committee" again divided; and the tellers reported-ayes 91, 

noes 87. 

The CHAIRMAN. Before announcing the result of the vote, the 

Chair wishes to be indulged a moment, f-or he desires to reverse the 

ruling made a short time ago. Upon further examination the Chair 

is now satisfied that the order to close debate on this bilJ was in the 

usual form, the closing of the debate under the hour rule. The 

Chair acted under a. misapprehension in reference to the wording of 

the resolution closing debate. He reverses his former decision. 

Mr. TIPTQN. I desire, then,~ withdraw my motion that the committee rise. [Cries of" Object!"] 

The CHAIRMkN. Then the committee has determined to rise. 

The committee accordingly rose; and Mr. SPRINGER having taken 

the chair as Speaker pro tempore, Air. EDEN reported that the Committee of the Whole on the state of the Union had, according to order, 

had under consideration the bill (H. R. No. 257) granting pensions to 

certain soldiers and sailors of the Mexican and other wars therein 

named, and had come to no conclusion thereon. 

Mr. HEWITT, of Alabama. I move that the House resolve itself 

into Committee of the Whole on tho state of the Union for the purpose of resumin~ consideration of the bill (H. R. No. 257) granting 

pensions to certam soldiers and sailors of the Mexican war, and, pending that motion, I move that all debate upon the pending section of 

the bill and amendments thereto be limited to twenty minutes. 

Mr. REED. That is section 1 f 

The SPEAKER pro tempo1·e. It is. 

Mr. BLACKBURN. I rise to a parliamentary inquiry. I desire to 

know whether it is competent to set aside an order of this House 

which was made, if I mistake not, more than a year ago, limiting 

debate upon this question, and whether the time has not passed in 

which the House could reconsider the entry of that order f 

The SPEAKER pro tempore. The Honse has .not reconsidered it; nor is it proposed that it shall do so. By the ruling of the Chairman 

of the Committee of the Whole the bill is subject to debate under the 

five-minute rule. · 

Mr. BLACKBURN. I ask whether during the month of February 

last the Honse did not limit debate by its order upon this bill; and, 

if so, whether the ttme has not expired within which the House can reconsider that order f • 

The SPEAKER pro tempore. There is no reconsideration proposed 

<>f the order referred to. . By the ruling of the Chairman of the Committee of the Whole House that order did not go to the ext.ent of cutting off deltate under the five-minute rule, and no appeal having been 

taken .from that decisi~n in Committee of the Whole, the question 

cannot be further considered by the House at thi3 time. 

Mr. BLACKBURN. The inquiry I Sllbmit is imply whether it is 

in the power of the House now 1 by any ;wtion it may take, to rescind or reconsider the order hitherto made and entered upon this subject. 

The SPEAKER pro tempore. That question is not before the House 

at this time. The question is upon the motion of the gentleman from 

Alabama, [1\Ir, HEWITr:] that all debate upon the pending seetion 

and the amendments thereto be li~ited· to tw&.ty minutes. 

Mr. CANNON, of Illinois. I understand the Speaker to say that 

the Chairman of the Committee of the Whole has ruled that five 

minutes' debate is in order in committ-ee. 

The SPEAKER pro tempore. The Chair so stated. 

Mr. CANNON, of illinois. I did not so understand it. 

The question was taken upon the motion to limit debate upon the 

first section of the bill to twenty minutes; and, on a division, there 

·were-ayes 93, noes 87. 

Mr. TIPTON called for tellers. 

Tellers were ordered; and Mr. HEWITT, of Alabama, and Mr. TIP- TON were appointed. 

The House divided; and the tellers reported-ayes 97, noes 95. 

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

The yeas and nays were ordered, forty members voting therefor. ~Ir. ·wHITE, of Pennsylvania. I desire to make a parliamentary 

inquiry, and it is this: Does it not require a two-third vote of the 

House to extend the time for debate, as proposed by the mover of 

this motion f 

The SPEAKER pro tempore. It does not 

Mr. WHITE, of Pennsylvania. Can a majority--

The SPEAKER p1'o ternpore. Rule 104 is applicable to this case. Mr. WHITE, of Pennsylvania.. Then the effect of this motion, if 

carried, will be to cut off the five-minute debate on the first section 

of the bill. 

The SPEAKER p1·o fernpore. At the end of twenty minutes. The 

yeas and nays have been ordered on this question. 

The question was taken; and there were-yeas 124, nays 1057 not 

voting 59 ;• na follows: 

YEAS-124. 

Aiken, Culberson, Hewitt, AbramS. Rice, Americus V. 

Atkins, Cutler, Hewitt,G. W. Robbins, Banning, Davis, JosephJ. Hooker, Robertson, 

Beebe, Dean, House, Sayler, Bell, Dibrell, Hunton, Scales, 

Benedict, Durham, Jones, James T. Singleton, Bicknell, Eden, Jorgensen, Slemons, 

Blackburn, Elam, Kenna, Smith, William E . Bland, Ellis Kimmel, Southard, 

Bliss, E~,JohnH. Knapp, Sparks, Blount, Ewing, Knott, Springer, Boone, Felton, Li~on, Steele, 

Bra.tg, Forney, Luttrel1, St.enger, Bri ges, Fort, Mackey, Throckmorton, Bright, Franklin Maish, Townshend, R. W. 

Brogden, Frye, ' Manning, Tucker, Buckner, I Fuller, Ma"&tin, Turner, Caldwell, John W. Garth, McMahon, Turney, Caldwell, W. P. Gibson, Metcalfe, Vance, Candler, Goode, Mills Waddell, 

Carlisle, Gunter, Money, ' WalBh, 

Chalmers, Hamilton, MorWLn, Wbitthorne, Clark of Misaouri, Hardenbergh, Morrison, w· . ton, 

ClK%er, Harris, Henry R. Muldrow, W~ms,Jamea Cob, Harris, John 'T. Patterson, T. M. Williams, J~e N. 

(J()llins, Harrison, Phillips, Willis, Albert S. Cook, Hartzell, Potter, Wilson, 

Covert, Hatoher, Pridemore, Wood, 

Cox, Samuel S. Henkle, Rea., W~t, Cravens, Henry, 

~· Yea , Crittenden, Herbert, Young, JohnS. 

NAYS-105. 

Aldrich, Danford, Xe1f!tley, Ryan, 

Bacon, Davia, Horace Ke ey, Bampaon, 

~ley, Deering, Ketcham, Sexton, B &y, Denison, KilliDger, Shallenberger, Ballou, Dunnell, Landers, Sinnickson, Banks, Dwight, La.pham, Smalls, Bayne, Eames, Lathrop, Smith, A . Herr Blair, Ellsworth, Lindsey, Starin, Bouck, Errett, Marsh, Strait 

Brewer, Evans, James L. McCook, ThomPson, Briggs, Foster, McGowan, Tipton, 

Browne, Garfield, McKinley, Townsend, Amos 

Bundy, Harmer, Mitchell, Townsend,Martin I. 

Burchard, Haskell, Monroe, Van Vorhes, Burdick, Hendee, Morse, Ward, 

c~ Henderson, Nororoas, Warner, 

Camp, Hiscook, O'Neill, Watson, 

Campbell, Hubbell, Overton, White, HatTy Cannon Humphrey, Page, White, Michael D. 

Caawe~ Hungerford, Pa~rson, G. W. Wilfutms, Anurow 

Chitten en, Hunter, Peddie, William.s, C. G. 

Cia~ Ittner, Pollard, Williams, Ricllanl 

Clark, Rush James, Pound, W'Jllia, Benjamin J. 

Cole, Jonea, Frank Raine~, Willits. 

Conger, Jones, John S. Rando ph, 

Cox, Jacob D. Joyce, I:.eed, 

Cummings, Keifer, Robinson, G. D. 

NOT VOTING-59. 

Acklen, Cabell, ~~~~~Newton Glover, Baker, John H. Calkins, Hale, 

Baker, William H. Clark, Alvah A. Finl!ly, Hanna, 

Bisbee, elarke of Kentuct..-y, :E:'rOOman, Harri.a, Bertj. w. 

Boyd, CTapo, Gardner, Hart, Brentano, DaVidson, Gause, Hayes, :Butler, Dickey, Giddings, Hazelton, 
' 1 

[879. CONGRESSIONAL RECORD-HOUSE. 443' 

1Lookwood, Oliver, Robinson, M.S. 

!Loring, Phelps, Roes, 

LYnde, Powers, • Sapp, 

.llajors, . Price, Shelley. 

Ma.yham, Pn~thr........ Stephens, 

:Xo.K«;nzie, Ri~., william W. Stewart, 

lrfuller, Ridrue, Stone, .Tohn W. 

Neal, :Roberta, Stone, .Toseph C. 

So the motion to limit debate w.as agr~ed to. 

Swann, 

Thornburgh, 

Veeder, 

Wait, 

Walk.el', 

Wren, 

Yoang, Casey. 

Doring the roll-ca~ the following announcements were made: 

Mr. THROCKMORTON. My .colleague, Mr. GIDDINGS, ia absent by .order of the Honse and paired with Mr. liAR~ of 1\fa&Saohnsetts. 

Mr. HARRIS, of Virginia. My colleague, M.r. WALKER, is paired 

with Mr. WAIT, of Connecticut. 

Mr. PRICE. On this question I am paired with Mr. STEPHENS, of ·Georgia. 

Mr. ACKLEN. I am paired ou this question with Mr. CALKINs, of 

Indiana. If he were present, he would vote "no" and I would vote ·"''ay." 

Mr. STONE, of Iowa. I am paired with Mr. DAVIDSON, of Florida. 

Mr. DEERING. I desire to announce that Mr. RICE, of Massachu- :setts, is paired with Mr. FINLEY, of Ohio. . Mr. McKINLEY. My colleagues, Mr. GARD~"ER and Mr. DICKEY, .are paired on all political questions. 

Mr. SAMPSON. My colleague, Mr. OLIVER, is paired with Mr. 

•CLARKE, of Kentuoky. 

Mr. STONE, of Michigan. I am paired with Mr_. SHELLEY, of Ala-

·bama. If he were present, he would vote'' ay" and I would vote" no." 

Mr. HUNTON. I desire to announce that my colleague, Mr. CA- :BELL, is paired with Mr. PuGH, of New Jersey. 

The result of the vote was then announced as above stated. 

MESSAGE FROM THE SE~ATE. 

A message from the Senate, by Mr. SYMPSON, one of its clerks, informed the House that the Senate had passed without amendment a bill of the House of the following title : A bill (H. R. No. 5503) to remove the political disabilities of James 

·Chesnut, of South Carolina. 

The messa~e also announced that the Senate had ~assed, with amendments in whiCh the concurrence of the Honse wa,s requested, a bill 

of the House of the following title : A bill (H. R. No. 5534) making appropriations for the current and 

.contingent expenses of the Indian department, and for fulfilling 

treaty stipulations with various Indians tribes, for the year ending 

June 30, 1880, and for other purposes. 

The message further announced that the Senate had passed and 

requested the concurrence of the House in bills of the following titles: 

A bill (S. No. 1574) for the erection of a fire-proOf building for the 

National Museum ; and 

A bill (S. No. 1592) for the relief of Henry C. De Ahna, late cS?llector 

.of customs at Sitka, Alaska. 

. PENSIONS FOR MEXICAN AND OTHER WARS. 

The SPEAKER pro tentpo1·e. The question recurs upon the mo 1on 

of Mr. HEWITT, of Alabama, that the House now resolve itself into 

Committee of the Whole for the further consideration of the bill 

(H. R. No. ~7) granting pensions to· certain soldiers and sailors of 

the Mexican and other wars therein named. 

Mr. TOWNSEND, of New York. And on that question I call for 

the yeas ancl nays. 

Mr. LUTTRELL. Let them have the yeas and nays. We want to ,flee who are the friends of the soldier. 

Tho yeas and nays were ordered. 

Mr. GOODE. I rise to a point of order. I submit that the motion 

made· by the gentleman from Alabama [Mr. HEWITT] was "that the 

House now resolve itself into Committee of the Whole for the further consideration of the Mexican pension bill, and that the debate 

upon the pending section and umendments thereto be limited to 

.twenty minutes." 

Tke SPEAKER pro tmnpore. The Chair understood the gentleman 

from Alabama [Mr. HEWITT] to move that the House go into Committee of the Whole, and then to state that "pending that motion" 

he would move that all debate upon the pending section and amenq.-

ments thereto be limited to twenty minutes. The question was first 

put upon the motion limiting debate, which has been agreed to. The 

question now recurs upon the motion to go into Committee of the 

Whole, upon which question the yeas and nays have been ordered. 

The question was taken; and there were-yeas 124, nays 94, not 

voting 70; as follows: 

YEAS-124. 

Aiken, 

Atkins, 

Banning, 

Beebe, 

Benedict, 

.Bicknell, 

Blackburn, 

Bland, 

Bliss, 

.Blonnt, 

.Boone, 

:Boyd, 

.Bragg, 

Bridges, Bright, 

,. 

Bro~den, 

BnoKner, 

Caldwell, .Tohn W. 

Caldwell, W. P. 

Campbell, 

Candler, · Carlisle, 

Chalmers, Clark of Missouri, 

Clymer, 

Cobb, Cook, Cravens, Crittenden, Culber~on. 

Cummings, 

Catler, 

Davis, .Toseph .r. Dean, Dibrell, 

Durham, Eden. Ela.m, Ellis. Evins, John H. 

Ewing, Felton, Forney, Fort, !t'anklin., 

Fuller, Garth, 

Gibson, Goode. Gnnter. Hamilton, 

Hardenbergh, 

Harris, Henry R 

Harris, .Tohn T. 

Harrison, Hartzell, Hatcher, Henkle, Henry, H.erb , 

. Hewitt, G. W. 

Hooker, 

House, 

Hunter, 

Hunton, 

Ittner, 

.r ones, .r ames T. .r orgeneen, 

Kenna, 

Kimmel, Knapp, 

Knott, 

Landers, Ligon, 

Luttrell, 

Mackey, 

Aldrich, 

Ba.eon, 

Ba.~ey, 

Bailey, 

Baker, .Tohn H. 

Ba.llou, 

Banks, 

Bayne, 

Blair, 

Brewer, 

Briggs, 

Browne, 

Burchard, 

Burdick, 

Cain, 

Camp, 

Cannon, 

Caswell, 

Claflin, 

Clark, Rnsh 

Cole, 

Conger, 

Covert, 

Crapo, 

Maish, 

Manning, Marsh, 

Martin, 

McMahon, 

Metcalfe, 

Mills, 

Money, 

Morrison, 

Muldrow, 

Patterson, T. M. 

Phelps, 

Phillips, 

Potter, 

Pridemore, 

:Rea, 

~ Rice, Americua V. 

:Robbins, 

Robertson, 

Sayler, 

Scales, 

Singleton, 

Slemon.s. 

Smith, William E. 

Southard, 

Sparks, 

Springer, 

Steele, 

St~nger, 

Th.rOOkmorton, 

NAYS-94. 

Danford, .Ta.Iiles, 

Davis, Horace .r ones, Frank 

Deering, .Tones, JohnS. 

Denison, .royce, 

Dunnell, Keifer, Dwight, Kelley, :&,mes, Ketcham, 

Ellsworth, Killinger, Errett, Lathrop, Evans, .Tames L. Lindsey, Foster, :Majors, 

Frye, McGowan, Garfield, Mitchell, 

Hale, Monroe, 

Hanna, Morse, 

Harmer, Overton, 

Hazelton, Page, 

Hendee, Patterson, G. W. 

Henderson, . Peddie, 

Hewitt, AbramS. :Rainey, ~k :Randrup~ 

Hubbe~ Reed, 

Humphrey, Robinson, G. D. 

Hungerfoid. Ross, 

NOT VOTING-70. 

Aoklen, :Eiakhoft: McCook, 

Baker, William H. Evans, L Newton Mo.Kenzie; 

Bell, Finley, McKinley, 

Bisbee, Freeman, Morgan, 

Bouck, Gaxdner, Muller, 

Brentano, Gause, Neal, 

Bundy, Giddings, Norcross, Butler, Glover, Oliver, Cabell. Harris, Benj. W. O'Neill, 

Calkins, Hart, Pollard, 

Ohitteuden, Haskell, Pound, 

Clark, Alvah A. Hayes, Powers, 

ClarkeofKentucky, Ke1ghtley, Price, 

Collins, Lapham, Pugh. 'Cox, Jacob D. Lockwood, :Rice, 'Wi.l.lia.m W. 

Cox, Samuel S. Loring, :Riddle, 

Davidson, Lynde, :Roberts, 

Dickey, Mayham, :Robinson, M. S. 

Townshend, :R. W. 

Tncker, Turner, 

Turney, Vance, 

Waddell, 

Warner, 

ww.t;borne, 

;:r~~.n.tere lL 

Willis, Albert S. Wilson, 

Wood, 

Wright, Yeates, 

Young, .Tobn S. 

:Ryan, 

sampson, 

Sexton, 

Shallenberger, 

Sinnickson, 

Smit~ .A . Herr Starin, 

Stewart, Strait, 

Thompson . Tipton, 

Townsend, M . L 

Van Vorhes, Waxd, 

Wataon, 

Whito, Ha-rry White, Miall.ael D. Williams, Andrew 

Williams, C. G. 

Williams, :Richard 

Willis, Benj. A . Willits. 

Sapp, Sb.elley,· Smalls,. Stephens, Stone, .Tohn W . Stone, Joseph C. Swann, 

Tb.omburgh, 

Townsen<I, Amoa 

Veeder, Wait, 

Walker, Walsh, 

Williams, J'amea 

Wren, 

Young, Ca.soy. 

So the motion to go into Committee of t.he Whole was agreed to. 

During the roll-call the following announcements were made : Mr. SOUTHARD. My colleague, Mr. FINLEY, is absent on account 

of illness. 

Mr. ACKLEN. I am paired with the gentleman from Indiana, Mr. 

CALKINS. If he were here, I should vote in the affirmative. 

Mr. PRICE. I am paired with the gentleman from Georgia, Mr. 

STEPHENS. 

Mr. ,BROWNE. My colleague from Indiana, Mr. ROBL'~SO~, who is 

confined to his room by indisposition, would, if be were present, vote 

"no." 

Mr. STONE, of Michigan. I am paired with the gentleman from 

Alabama, Mr. SHELLEY. • . Mr. BOONE. My colleague, Mr. McKE~zm, is paired with the gentleman from Maine, 1\Ir. PoWERS. 

Mr. HARRIS, of Virginia. On all questions connecteil with this 

bill my colleague, Mr. W ALh.~R, is paired with the gentleman from 

Connecticut, Mr. WAIT. 

The result of the vote was announced as above stated. 

The House accordingly resolved itself into Committee of the Whole 

(Mr. EDEN in the chair) and resumed the consideration of the bill 

(H. R. No. 257) granting pensions to certain soldiers and sailors of 

the Mexican and other wars therein named. 

The CHAIRMAN. Under the order of the House all debate on the 

first section of tho bill and amendments thereto will terminate in 

twenty minutes. The question is on the am~ndment of the gentle- man from Pennsylvania [Mr. WHITE] to the amendment of the gentleman from Illinois, [1\Ir. HARRISO~.] 

The amendment to the amendment was read, as follows: 

Strike out "sixty" and insert "seventy-five;" so that, if amended, the amendment will read : 

Prot,-ided, lwwever, That no such person shall be entitled to a pension until he 

shall have arrived at the age of seventy-five years, unless such person shall be, from disease or other infirmity, unable to earn his sustenance by manual labor. 

1\Ir. HOOKER. Mr. Chairman, I cannot see any justice or propriety in the proposed amendment to the amendment; nor did I see any propriety or justice in the amendment offered by the gentleman 

from lllinoiB, [Mr. HARRISON.] Thirty years after the close of the war with Mexico a proposition is introduced from the Committee on 
444 CONGRESSIONAL RECORD-· HOUSE. 

' 

Invalid Pensions, in the bill of which my friend from Alabama [Mr:t 

HEwrrr] has charge, to give a pension to the soldiers of that war. As long ago as 1872 it was· estimated that there were but six thousand of these soldiers of the Mexican war surviving who were to be 

pensioned under the terms of the bill now before the House ; and 

the amount Vl.hich would be annually expended would of course de- crease as the 'bombers of these were by mortality diminished from 

year to year. Upon an estimate made by the committee in the report 

which is submitted with this bill it was demonstrated that the 

amount to be paid, predicated upon the idea that there are the num- ber of survivors I mention, would not exceed a million and a half or two million dollars per annum-but a fragment of the ~oss amount 

which yon annually appropriate to support and maintam the standing Army of the United States. 

Mr. Chainuan, after these soldiers have rendered this service to the 

Government and have risked their lives in maintaining our flag in a war with a foreign country, surely there can be no justice or equity or good sound common sense in saying that you will discriminate 

against a man because he has not bad the misfortune to arrive at the 

age of sixty or seventy-five years. The amendment would probably 

have better effected the object which it bad in view if it had said 

that no man should be entitled to the benefits of the bill, no man should receive the pension of the Government for services rendered 

in the maiutenance of its flag, unless he bad arrived at the age of one hundred years. There can be no sense in such a discrimination 

unless it is intended to limit the application of the bill solely to those 

who may come within the class of invalid soldiers; and if this was the purpose, then it bad better be so expressed, because, if the principle attempted to be ingrafted upon the bill is a correct one, if it ill a proper rule to be incorporated in our legislation, then no amount of 

years can render more sacred the services which the soldier bas given 

to his country. Hence, I say that there is nothing in the amendment ex~ept a proposition to confine the operation of the bill to those who 

would come within the class of invalid pensioners. 

(Here the hammer fell.] 

Mr. HARRISON. Mr. Chairman, this bill offers a gratuity to soldiers 

who fought in our wars. I believe that the men who thus fought, 

fought from motives of patriotism, not in expectation of any reward 

other than that they would derive from the satisfaction of having 

benefited their country. But, sir, there is a large number of these men who fought in Mexico who have become disabled from years or because the relics of disease a-cquired in .Mexico are to-day striking 

them out of the list of that class of men who can earn their own livelihood. But there are many of them, a large number of .them, 

hale, healthy, stalw~rt men, who I do not believe want the pittance 

the Government would give them if this bill were passed. There are upon the floor of this Congress three meH, 1 believe, all youngerthan 

myself, yet hale and healthy, who fought in Mexico. 

A MEMBER. We are all younger than you are-everybody is younger 

than you are. [Laughter.] 

Mr. HARRISON. I will not answer that. I am too prone to throw 

back a joke, but I will not answer that now. [Laughter.] I am serious in the objection which I urge to this bill. These men come here and appeal to Congress for a recompense for the aid they gave 

the Government in long years past. Of that class of men those who are under sixty years of age, and are hale and hearty, I do not believe care to have it. And if we go on to give pensions to every man be- cause he has fought, then how long will it be before that vast army 

which fought in our last war will be pleading here this precedent, 

a.nd asking also to have pensions granted to them, which must inevitably result in bankrupting the Government! Now, when they shall 

have arrived at the age w..hen they cannot support themselv~, I believe the Government of the United States will grant them a pension, but not until then. I think, therefore, this amendment is one which 

appeals so thoroughly to the sense of right and justice of every mem- ber that I do not think it neces~ry even to discuss it further. 

[Here the hammer fell.] 

The question recurred on the amendment of lli. 'VHITE, of Pennsylvania, to the amendment of Mr. HARRisoN. 

The committee divided; and there were-ayes 57, noes 77, no quo- rum voting. 

Mr. WRIGHT demanded tellers. 

Tellers were ordered; and Mr. HEWITT, of Alabama, and Mr. 

WmTE, of Pennsylvania, were appointed. 

The committee again divided; and the tellers reported-ayes 53, 

1lOes 96. 

So the amendment to the amendment was rejected. 

Mr. TOWNSEND, of New York. I move to strike out the last word 

of the amendment of the gentleman from Illinois. 

Now, Mr. Chairman, I wish to take issue in opinion with the gentleman from Mississippi who has estimated the number of persons 

who might apply for pensions under the provisions of this bill. It 

will be noticed it is not the soldiers of any one war, but I believe 

every war since, if not including-, the war Nimrod originally engaged 

in is now included in the provisiOns of this bill. [Laughter.l I may 

undertake to say with great confidence that sixty thousand instead 

of six t11ousand will apply for pensions under its provisions if in the 

providence of God thisbill should ever become a law. [Laughter.] We were told here that the old soldiers of 181~'15 were all dead or _pretty nearly so. Those men average eighty years and upward_, and 

yet the applications under that law, I understand, fall very little ~~ori 

of forty thousand. , The men who served in most of these wars have only lived some forty, thirty, or twenty-eight years since the conclusion of those want,. 

and the probability is that the great body of those men are alive. If 

they are not alive their widow:s are alive, and besides many of them 

have minor children alive. It will be found, I believe, that it will 

saddle on this country pensions to forty thousand men. Let me call the attention of the committee to" the feeling this Hons 

gets up now and then as to the burdens resting upon the people. Ho 

I have wept and-mourned here when the tax on whisky was debated 

in this House as a burden upon the people, [laughter;] and when thetax on toba-cco wa-s debated in this House as a burden resting on this· people that called for our sympathy and called for the iuterventioru 

of the Government! [Laughter.] Where is the wind to come from,_ 

where are the means to come from to pay these burdens Y No m:i.n 

shall go in advance of me in honoring the men who served their- country. I stand rea-dy now to vote for every man who is lame, or· sick, or disordered from services he has rendered to his count.ry in any 

war; but here it is proposed to pay men who are independent. No· 

matter how rich, no matter how prosperous, no matter what is the· salary the indindual is earning, yet if he has served in any of a.ll 

these myriad wars we propose to put our hands into the Treasury today while the country is staggermg under the burden it is carrying 

and dole out a pension to him. I protest against it. It is not statesmanship. · [Here the hammer fell.] • · Mr. WHITE, of Pennsylvan!a. Th~mmendment to the amendment 

limiting pensions to be granted under this bill to soldiers who are seventy-five years of age having failed, I move a-s an amendment to 

the amendment that the benefits of this bill shall be limited to tho.s& 

who are under disabilities from wounds or because of disease con- tracted in service, or to those who are seventy years of age. 

Mr. TOWNSEND, of New York. I withdrew my fornial amendment. 

l\Ir. WHITE, of Pennsylvania. I so understood, and I have moved 

to strike out" seventy-five" in the amendment of the gentleman ft:om 

Illinois and insert ''"seventy." 

I have only a word to utter in addition to what my friend from 

New York has so properly said. When last year we passed a bill pensioning the old soldiers of the war of 1812 we were told it was a mere bagatelle, that it would amount to nothing. Instead of that, however, we now find it has largely exceeded the estimate made by the 

friends of that measure. But in addition to that, Mr. Chairman, I 

submit that the provisions of this bill are unfair to the soldiers in 

the war against the rebellion; for, if you will observe, no disability 

is required to entitle an individual who served in the .Mexican or in 

any of these other wars mentioned in the bill against the Indians, 

the Black Hawk or the Florida War-that no disability is required 

to entitle him to a pension. Now, it is a well-known fact that many 

of the men who participated in the Mexican war are now in the full 

vigor of life. From the statistics it will be seen that ma.qy went in tothe Mexican war at seventeen years of age. It was thirty-two years. 

ago, and seventeen and thirty-two will only ma.ke forty-nine. But 

taking twenty as a fair average, that would only give fifty-two years. as the age of the survivors of the Mexican war. Now, I submit it is unfair to make so sweeping a provision in behalf 

of the soldiers of the Mexican war, which is comparatively recent,. 

and deny the same benevolent provisions in behalf of the soldiers whofought in the war against the rebellion. Why, sir, I can recall to my 

mind many gentlemen who are in affluent circumstances, in a prosperous position in life, one of whom has recently been elected to the 

United States Senate from the State of Texas, a man in the vigor of 

life, who will be benefited by the provisions of this bill. As long a& 

the bill providing for the arrearages of pension to our own wounded 

soldiers, the Union soldiers in the war against the rebellion, is undisposed of, I am against the provisions of this bill without limiting it 

to the same class of persons who appeal to the sympathy-and benevo-· 

lence of this House. 

[Here the hammer fell.] _ ,Mr. HOOKER, and Mr. HEWITT of Alabama, rose. The CHAIRMAN. Debate is exhausted on the pending section, and 

all amendments_ thereto. The question is on the amendment of the· gentleman from Pennsylvania to the amendment of the gentleman 

from illinois. to strike out "sixty" and to insert "seventy." 

Mr. HOOKER. Do I understand the Chair to say that the time for 

debate, limited by the House, has expired Y 

The CHAIRMAN. The time allowed for debate on the pending 

section and amendments thereto has expired. 

Mr. HOOKER. Then I shall take occasion to say something in reply 

to the ~entleman on the other side when another section is under 

discusswn. 

The question being taken on the amendment of l\Ir. WHITE, of 

Pennsylvania, to the amendment of Mr. HARRiso~, there were-aye& 

50, noes 85. 

So (further count not being called :for) the amendment to the 

amendment was not agreed to. 

The CHAIRMAN. The question recurs on the amendment offere<! 

by the gentleman from Illinois, [Mr. HARRISON,] which the Clerk will 

read. 
1879 . . CONGR~SSIONAL RECORD-HOUSE. 445 

The Clerk read as follows : 

In line 20 of the bill, after the word " days " insert the following : . Provided; howe?Jer, That no suoh pers<'n shall be entitled to a pension until ~e shaij have arrived at t.he age of sixty years; unless such person shall be, from dis- -ease or other infirmity, unable to earn his subsistence by manual labor. 

The question being taken, there wore-ayes 727 noes 79. 

So the amendment waa not agreed to. 

Mr. GOODE. I desire to offer an amendment, which I understand 

is agreed to by the chairman of the committee. I move to amend by .adding, after the word "States," in line 77 the following: 

.And the officers and men of the revenue marine service. 

Tl1e question being taken on agreeing to ~r. GoODE's amendment, 

-there were-ayes 55, noes 35. 

Mr. WHITE, of Pennsylvania. A quorum bas not voted. 

The CHAIRMAN. A quorum not having voted, the Chair will .order tellers, ahd appoints the gentleman from Virginia, Mr. GoODE, . and the gentleman from Pennsylvania, Mr. THOMPSON. 

Mr. GOODE. Would it be in order to ask unanin1ous consent to say 

.a 'single word in support of the amendment¥ 

Several members objected. · Mr. GOODE. I ask that the amendment be reported agaiu. I am -sure if gentlemen understood it they would vote for it. 

The amendment was again read. 

The committee again divided; and t~e tellers reported-ayes 114, 

noes 33. ' 

So. the amendment was agreed to. 

Mr. WHITE, of Pennsylvania. I move that the committee rise. · The question being taken, there w~re-ayes 48, .noes 86. 

Mr. WHITE, of Pennsylvania. A quorum has not voted. • The CHAIRMAN. A quorum is not required on a vote that the 

committee rise. · So the motion wa-s not agreed to. 

Mr. SINNICKSON. I offer the following amendment: 

.Amend by inserting after the word "Mexico," in line 9, section 1, the words " or who served sixty days in the military or naval service of the United States in the war of 1861 for the suppression of the rebellion." 

Mr. HEWITT, of Alabama. Mr. Chairman, I think the gentleman--

The CHAIRMAN. Debate is not in order. 

:Mr. HALE. Let the section be reported as it will read if amended. 

The Clerk read as follows : 

B e it enacted. &:c., That the Secretary of the Intel'ior be, and he is hereby, an thor. 

izcd :md directed to place. on the pension·I'Oll the names of tbe surviving officers 

and enlisted men, includi.ng militia and volunteers of the military and naval serv- ices of the United States, and the officers and men of the revenue-marine service 

who served Sx:ty days in the war of 1846 and 1847 with Mexico, or who served sixty days in the military or naval service of the United States in the war of 1861 for the 

suppression of the rebellion. or in the Creek war of 1835 and 1836, or in the Florida. or Black Hawk war for thirty days and were honorably discharged, and to such 

other officers and soldiers and sailors as may have been personally named in any 

I'esolntio.n of Congress for any specific service in said wars, although their term of 

service may ha>e been less than sixty days, and the survivin~ widows of such offi. eers and erilisted men as were married to such officers or soldiers or sailors prior to the discharge of snch officers and enlisted men: Provided,, That such widows have not remarried. 

Mr. WILLIAMS, of Oregon. I offer the folloWing amendment to 

the amendment: 

.A.dd the words "~r in the Oregon and Washington war of 1855 and 1856." 

The amendment to the amendment was adopted. 

The CHAIRMAN. The question is on agreeing to the amendment 

of the gentleman from New Jersey [Mr. SINNICKSON] a-s amended by 

the amendment of the gentleman from Oregon [Mr. WILLIAMs] just 

.adopted by the committee. 

Mr. HARRISON. I desire to ask a question: whether gentlemen 

who served in the late war and who would be benefited by this amendment are entitled to vote on it f 

The CHAIRMAN. Debate is not in order. 

Mr. HARRISON. This is not debate; it is a parliamentary inquiry. 

The question being. taken on agreeing to Mr. Sn.~CKSON's amendment as amended, there were-ayes 81, noes 79. 

Mr. HEWITT, of Alabama, called for tellers. 

Tellers were ordered; and Mr. HEwiTT, of Alabama, and Mr. SINNICKSON were appoin~d. 

The committee divided; and the tellers reported-ayes 96, noes 88. 

So Mr. SINNICKSON's amendment as amended was agreed to. [Applause on the republican side.] 

Mr. HEWITT, of Alabama. I give notice that I shall aak for a vote upon this amendment in the House. [Cries of "That's right!"] 

Mr. WILLIAMS, of Alabama, offered the following amendment: 

Amend by inserthig after the words "eighteen bundrsd and thirty-six," in the 

tenth line, the words "and eighteen hundred and thirty-seven." 

The question waa taken on the amendment of Mr. WILLIAMS, of 

Alabama, and it was not agreed to. 

Mr. BRAGG. I offer the following amendment, to come in imme- . diately after the amendment, which has already been adopted, allow· 

ing pel}-Sions to the soldiers of the war of 1861 : · 

And to the officers and soldiers who may be engaged in the next war, and the 

widows and children of such officers and soldiers who may be killed therein. 

[IALughter.] 

Mr. LUT.rRELL. There will be no republicans in that war. The CHAIRMAN. Debate is not in order. 

• 

Mr. LUTTRELL. I raise the point of order t hat such an amend- ment is not in order. 

The CHAIRMAN'. The Chair does not know of any rea.son why it 

is not in order. 

The question was taken on Mr. BRAGG's amendment, and t.here 

were-ayes 2, noes 23; no quornm voting. 

Tellers were ordered; and Mr. BRAGG and Mr. SINNICKSON were appointed. 

Mr. HEWITT, of Alabama. I hope the gentleman from Wisconsin will withdraw his amendment . The CHAIRMAN. Debate is not in order. 

The committee again divided; and the tellers reported-ayes 4, noes 78 ; no quorum voting. 

Mr. BRAGG. Will it be in order for me to· withdraw the amendmenU 

The CHAIRMAN. The gentleman can withdraw it by nnanimo1111 

consent . There was no objection, and the amendment was withdrawn. . Mr. HARRISON. I move to amend· by striking out all after the 

word "Mexico," in line 9, down to the word " and," in line 16 ; in 

other words, all that refers to Indian wars of all characters. 

The Clerk read the words proposed to be stricken out, aa follows: 

Or in the Creek war of 1835 and 1836, or in the Florida and Bl:wk Hawk wan for thirty days. . • 

1\Ir. HEWITT, of Alabama. I move an amendment to the amendment. I move to strike out all after the word "Mexico'' down to an<! 

including the words "eighteen hundred and thirty-two," in line 16, · and including the amendment which was adopted a few moments ago 

in relation to the Indian wars in Oregon and the late war of the re- bellion. 

Mr. WHITE, of Pennsylvania; I raise the question of order that 

the committee cannot strike out that which it has just inserted. 

Mr. HEWITT, of Alabama. My amendment will leave the bill 

:providing simply for pensioning the soldiers of the Mexican war . The CHAIRMAN. Debate is not in order. 

Mr. 'VHITE, of Peimsylvania. I raise the question of order that 

the motion is out of order inasmuch as the committee cannot strike 

out that which it has just inserted. It can hardly be necessary for me to say anything upon that point of order. It is a well-known 

rule of parliamentary law that a Committee of the Whole cannot 

reconsider its action, and consequently this motion to strike out what 

it has just inserted is not in order. 

Mr. HEWITT, of Alabama. It is true that I could not move nuder 

the rules to strike out the amendment which has been adopted, standing by itself; but it is a very different thing to move to strike out the 

amendment as adopted and a portion of the original text, that relating to the Indian wars. My amendment is not to strike out merely 

what has been adopted by the committee. 

lli. WHITE, of Pennsylvania. If the gentleman will allow me, I 

will say that both the portions of the section as it now stands which 

be proposes to strike. out were inserted by the committee; a portion 

of what be proposes to strike out waa inserted upon his own motion. 

Mr. HEWITT, of Alabama. The gentleman is simply mistaken in 

what be has stated. The committee reported an amendment, but the 

Committee of the Whole refused to insert it, and the section stands now as originally reported by the committee . ·Mr. ·wHITE, of Pennsylvania. Let us understand this matter. I 

understood that the gentleman's motion was to strike out that which 

is printed in italics in the bill and also that which has been inserted 

by the committee on motion of the gentleman from New Jersey, [Mr. S~'ICKSON.] 

1\Ir. HEWITT, of Alabama. When we first took up the bill this ·morning the Committee of the Whole refused to insert the amendment reported by the Committee on Invalid Pensions, and hence it 

has not been inserted. The words I propose to strike out are after 

the word "Mexico," the words "or in the Creek wars of 1835and 1836, 

or in the Florida and Black Hawk wars." 

Mi. CAMP. • And you propose to strike out the amendment also 

which has been adopted on the motion of the gentleman from New 

Jersey! 

Mr. HEWITT, of Alabama. Certainly, so that if my amendment is 

adopted the bill will only provide pensions .for the soldiers of the 

Mexican war. The CHAIRMAN. On page 154 of the Manna! we find the following: 

.Although it is not in order to strike out by itself what baa been inserted, it may be moved t~ strike out a. portion of the original paragraph, comprehending what 

bas been inserted, provided the coherence to be struck out be so substantial as to 

make this effectively a different proposition. 

The amendment offered by the gentleman from lllinois proposes to 

strike out simply the provisions in relation to soldiers of the Indian wars. · The amendment offered bytbe gentlemanfromAlabama [Mr. 

HEWITT] as an amendme:<i.t to that proposes to strike ont that in con- nection with what has been inserted, giving pensions to the soldi-ers 

of the war of 1861 and of the Oregon Indian wars, and the Chair is of 

opinion that according to the Manual the amendment is in order. 

Mr. BURCHARD. I move to amend the. amendment of the gentle- man from Alabama by commencing in line 7, and embracing in the 

motion to str~ke out that part which inclndes soldiers of the Mexican war • 
J 

446 CONGRESSIONAL RECORD-HOUSE. . . JANUARY 14~. 

The CHAffi:MAN. There is now pending an runendment and an amendment to the amendment. 

Mr. BURCHARD. Then I offer mine as asnbstitutefortheamendment of the gentleman from lllinois [Mr. IIARRIBON] as proposed to 

be amended by t.he gentleman from Alabama, [Mr. HEWI'IT.] My so bstitute is to strike out all of the first section as amended from and 

including the word "who," after the words "United States," in the 

seventh line. If we are going to strike out let ns begin pretty near 

the head . .Mr. HEWITT, of Alabama. I make the point of order that the 

proposed substitute is simply an amendment, and therefore an amendment in the third degree and not in order. 

Mr. BU.RCHARD. The Chair will find by reference to the rules 

that a substitute is in order. The rules provide that there may be an amendment and an amendment to an amendment, a substitute and 'an 

amendment to the substitute, all pending at the same time. 

The CHAIRMAN. The gentleman from Illinois [lli. BURCHARD] 

will please send up his amendment to the Clerk. 

Mr. BURCHARD. I can state it I think so that it will be understood. My proposition is to substitute for the amendment proposed 

by the gentleman from Illinois [Mr. HARRISON] and the amendment 

to the amendment proposed by the gentleman from Alabama [Mr. 

HEWITI] a motion to strike out of the section all after the words 

• "United States" in line 7. 

Mr. HEWITT, of Alabama. And my point of order is that that is an amendment in the third degree and uot in order. 

:V.U". WHITE, of Pennsylvania. I' move that the committee now 

rise. 

The CHAIRMAN. A question of order is now pending. After that 

queation shall have been determined the Chair will recognize the gentleman from Pennsylvania [Mr. WmTEl to submit the motion he has 

indicated. The Chair will direct the C.lerk to read from the .Manual some paragraphs bearing upon the point of orders. 

The Clerk read as follows: 

An amendment may be moved to an amendment, bntitisnotadmittedinanother 

degree. But it is a well-settled practice of the Honse that there may be pending, at the same tiri:le with such amendment to the amendment, an amendment in the nature of a. substitute for part or the whole of the original text, and an amendment to that substitute. 

* * So now, notwithstanding the pendency of a. motion to amend an amendment to the orlginal m~~otter, a. motion to amend in the nature of a substitute, and a motion to amend that amendment, may be received, but cannot be voted -upon until the 

original matter is perfected. 

The CHAIRMAN. The Chair is of opihlon that the substitute is in 

order, and therefore overrules the point of order. 

The committee rose informally, and the Speaker resumed the chair. 

MESSAGE FROM THE SE~TE. 

A message from the Senate, by Mr. SYMPSON, one of its clerks, informed the House that the Senate had passed, with amebdments in 

which the concurrence of the House was requested, a bill of the House 

cf the followinK title: 

A bill (H. R. No. 5067) to divide the western district of Missouri into 

two divisions, and to prescribe the time and places for belding courts 

therein, and for other purposes. 

PENSIONS FOR SOLDIERS OF l\IEXICAN WAR. 

The Committee of the Whole resumed its session. 

The CHAIRMAN. The question is upon the substitute moved by 

the gentleman from Illinois, [Mr. BURCHARD.] 

Mr. WHITE, of Pennsylvania. I move that the committee now 

rise. 

Mr. HEWITT, of Alabama. I make the further point of order that 

the vote must be firs~ taken upon my amendment to the amendment 

offered by the gentleman from Illinois, [Mr. HARRIBON.] 

The CHAIRMAN. The question is first upon the motion that the 

committee now rise. 

The motiPn wa!i not agreed to, upon a division-ayes 67, noes 78. 

The CHAIRMAN. The question is now upon the Sl\hstitute offered 

by the gentleman from Illinois [Mr. BoucHARD] for the amendment 

offered by the gelltleman from Illinois on the right of the Chair [Mr. 

HARRISON] and the amendment to the amendment offered by the gentleman from Alabama, [Mr. HEWI'IT.] The section will be reported ns it will stand should. the substitute be adopted. 

Mr. BURCHARD. I will modify my substitute so as to strike out 

all of tlwsection as amended from the words" United States," in line 

7, down to and including the word" and," in line 16. 

The CHAffiMAN. The section will be read n~ it will stand if the 

substitute as modified shall be adopted. 

The Clerk read as follows : 

That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension. roll the names of the surviving officers and enlisted men, inclu.ding militia and Tolunteers of the military and naval service of the United 

States who were honorably discharged. and .of such other ?fficers and soldiers and 

sailors as may have been personally named m any resolution of Congrell,'! for any ~ecific service in ss.id wars, althougll their terms of service may hli.ve been less 

w!:e ~~~:iy: :'1 ~mc~~Ydi~~o:rs ~~~hp~':~t,sth:~~~t;: of~~~ officers and enlisted men : Pr9'1Jided, That such widows have not remarried. 

Mr. HALE. There m~t be some mistake in the reading, because 

the section read as proposed to be amended leaves out the amendment adopted on motion of the gentleman from Ne'w Jersey [Mr. 

Sll\"l.,CKSON] giving pensions to the soldiers of the war of the rebellion. 

Now, what I want to know is where that amendment of the gentle- man from New Jersey [l\Ir. SL~NICKSO~] will be if the proposed snb--

stitute is ad,9pted. 

The CHAIRMAN. The substitute proposes to strike out . the po~ 

tion of the section including that amendment. 

Mr. HALE. Then I move to amend the substitute so that it will 

strike out all of that portion of the section except the part relative 

to the soldiers engaged in the war of the rebellion. 

Mr. BURCHARD. I accept that amendment. 

Mr. HALE. That will leave in the bill the provision which was incorporated on the motion of the gentleman from New Jersey, [M.r. 

SINNICKSON.] ~ 

The CHAIRMAN. The section will now be read as it willstaud if 

amended by the adoption of the substitute proposed by the gentle- man from Illinois [lli. BURCHARD] a-s modified upon. the suggestion 

of the ~entleman from Maine, [Mr. HALE.] 

The c..;lerk read as follows : 

That the Secretary of the Interil)!: be, and he is hereb,•, authorized and directe4' to place on the pension-roll the names of the surviving officers and enlisted men. including militia and volunteers of the Army and naval service of the United 

States, who served sixty days in the military or naval service of the United Stat-es 

in the war of 1861 for the Anppression of the rebellion, or in the Oregon and Washington Indian war of 1855 and 1856, an<l who were honorably discharged ; and of 

such other officers and soldiei'S and sailors as may have been personally named in 

any r esolution of Congress for any specific service in said wars, althou~h their terms of sernce may ha•e been less than sixty days, aml the survivin~r w1dows of 

such officers and enlisted men as were married to such officers or soldiers or sailors 

prior to tbe dischar:;e of such officers and enlisted men: Provided, That such wid- ows haTe not remarried. 

• Mr. HALE. My motion is to strike out the whole section except 

that part relating to the Union soldiers in the war of the rebellion; 

and this is accepted by the gentleman from Illinois, [Mr. BURCJ:IARD. J 

The section a.s thus modified provides simply for pensioning tbe men engaged as Union soldiers in the war of the rebellion. I ask the 

Clerk to read what is embodied in my amendment. 

The Clerk read as follows : 

Insert after "Mexico," in line 9, section 1, the words " or who served sixty days 

in the military or naval service of the ll'nited St.'l.tes, in the war of 1861, for the 

suppression of the rebellion." 

Mr. HALE. No; my motion is to substitute those words in lieu of 

the words proposed to be struck out by the ge:ntleman from Illinois, [Mr. BURCHARD.) 

Mr. HOOKER. I make a point of order ou the amendment of the 

gentleman from Maine, [Mr. HALE.] I submit that it is an amendment in the third degree, and is therefore not in order. An amendment was offered by some gentleman on the other sido to inclnue in 

this bill the soldiers of 1861 who served in the Union Army. Tha.t 

amendment was adopted, and subsequently another amendment wa.s adopted including those who served in certain Indian wars in 1800 

and 1866; Now the proposition of the gentleman from Maine is cer- tainly an amendment in the third degree. The whole thing seems to 

be a stab at the soldiers of the Mexican war whom gentlemen on the 

other side do not intend to pension. 

Mr. SINNICKSON. I raise the point that debate is not in order. 

The CHAIRMAN. Debate is not in order. In reference to the point 

raised by the gentleman from Mississippi [Mr. HooKER] the Chair 

understands the rule to be that where an amendment to an amendment is pending it is still in order to move a substitute for the amendment and the amendment to the amendmont, and also to move to 

amend such substitute. Thegentlemanfromlllinois [lli. BuRCHARD) ·having a.ccepted the amendment of the gentleman from Maine., the 

substitute is the question now pendi'IJ.g before the committee. 

Mr. BURCHARD. I desire to modify my amendment so that instead 

of striking out the whole of the section it shall strike out down to 

and including the words "thirty-two," in line 16, leaving so much as relates to the discharge of soldiers, &c. 

The CHAIRMAN. The section as proposed to be amended by the 

substitute of the gentleman from illinois, [lli. BURCHARD,] as modi- fied, will be read. 

The Clerk read as follows: 

Be it enacted, de., That the Secretary of the Interior be, and he is hereby, au- thorized and directed to place On the pension-roll the names of the surviving officel'9 

and enlisted men, including militia and volunteers, in the military and naval serv- ices of the United States who serred sixty days in the military or naval service 

of the United States in the war of 1861 for the suppression of the rebellion, and were honorably dischar~red ; and to such other officers and soldiers and sailors as may have been personally named in any resolution of Congress for any specific 

service in said wars, although their term of service ma:v have been less than sixty days, and the snrvivin~ widows of such officers and enlisted men as were married to such officers or soldiers or sailors prior to the discharge of such officers nnd en- listed men: Provided, That such widows have not remarried. 

Mr. HALE. That is e~nctly my amendment. It proposes simply 

to pension--

The CHAIRMAN. Debate is not in order. 

Mr. ROOKER. I make the point of order that this is an amend-... ment in the third degree, and therefore is not in order. 

l\Ir. HALE. That point bas been decided. 

The CHAIRMAN. This amendment being a substitute for the 

amendment and the amendment to the amendment, is in ardell,. in 

the opinion of the Chair. The question is now on the adoption of 

the substitute offered by the gentleman from Ininois as mod.i.fted bJ 

the gentleman from :Maine. · 

• 
1879. CONGRESSIONAL RECORD-HOlJSE. 447 

Mr. PATTERSON, of Colorado. I make the point of order that the 

substitute cannot be voted upoR until the matter proposed to be 

stricken out is perfected. That bas been the decision time and again, as the Chair will see by reference to pages 155 and 156 of the Manual. 

I call the attention of the Chair to the last clause of the first paragraph on page 105 : . And a. motion to amend that amendment may be received but cannot be Yote<l 

upon until the original matter is perfected." 

The CHAIRMAN. The amendments all apply to the text of the 

bill, and consequently the point of order made by the gentleman from 

Colorado does m>t apply. The question is on the adoption of the 

substitute offered by the gentleman from Illinois [Mr. BURCHARD] 

for tho amendment offered by the gentleman from Illinois [Mr. HARRISON] and the amendment offered by the gentleman from Alabama, 

[Mr. HEWITT.) 

Mr. HEWITT, of Alabama. I desire to state what the effect of 

the amendment is. [Cries of "Order!"] · The CHAIRMAN. Debate is noi in order. 

Mt. SINNICKSON. I ask for the reading of the section as proposed to be amended. 

The CHAIRl\IAN. The section as proposed to be amended by the 

substitute has just been read. 

Mr. HALE. Now let us have a vote. 

The question being taken upon the substitute of .Mr. BURCHARD as modified, there were-ayes 83, noes 85. 

Mr. SINNICKSON called for tellers. 

Tellers were ordered; and Mr. BuRCHARD, and 1\Ir. HEWITT of Alabama, were appointed. 

The committee divided; and the tellers reported-ayes 97, noes 97. 

The CHAIRMAN. The Chair votes in the negative, and the substitute is rejected. 

Mr. WADDELL. I move that the committee now rise. 

Tho question being taken on agreeing to the motion, there wereayes 72, noes 80. 

Mr. SINNICKSON called for tellers. 

Tellers were ordered; and 1\Ir. SINNICKSON, and :Ml·. HEWITT of 

Alabama, were appointed. 

The committee divided; and the tellers reported-ayes 100, noes 79. 

So tbe motion was agreed to. 

The committee accordingly rose; and the Speaker having resumed 

the chair, Mr. EDEN reported that the Committee of the Whole on the state of the Union had had under consideration the bill tfi. R. 

No. 257) granting pensions to certain soldiers and sailors of the Mexican and other wars, and had come to no resolution thereon. 

ENROLLED BILLS SIGNED. 

Mr. RAINEY, from the Committee on Enrolled Bil1s, reported that 

the committee had examined and found truly enrolled billB of the 

following titles; when the Speaker signed the same: An act (S. No. 605) for the relief of William M. Kendall; 

An act (S. No. 893) to authorize the Secretary of the Treasury to 

examine the evidence of payments made by the State of Missouri 

since April17, 1866, to the officers and privates of the militia forces 

of said State for military services actually performed in the suppression of the rebellion, in full concert and\co-operation with the authorities of the United States and subject to their orders, {llld to make 

report thereof to Congress ; and 

An act (H. R. No. 5503) to remove the political disabilities of James 

Chesnut, of South Carolina. 

COIDll'ITEE VACANCIES FILLED. 

The SPEAKE'R announced the following appointments to fill vacancies: 

WILLIAM H. Fo~EY, of Alabama, to the Committee on tho Judicia~~ W. TOWNSHE:l'."D, of lllinois, to the Committee for the District 

of Columbia. 

J. H. ACKLEN, of Louisiana, to the Committee on Foreign Affairs. 

J. S. YOUNG, of Louisiana, to the Committee on the Militia. 

WALTER L. STEELE, of North Carolina, to the Committee on Railways and Canals. 

BENJAMIN DEAN, of Massachusetts, to the Committee on Patents. 

JoHN M. BAILEY, of New York, to the Committee on Expenditures 

in the War Department. 

JoHN S. YOUNG, of Louisiana, to the Committee on Expenditures 

in the Department of Justice. 

JOHN 'r. HARRIS, of Virginia, Director for Columbia Institution for 

the · Deaf and Dumb. LEAVE OF ABSENCE. 

By unanimous consent leave of absence was granted in the following cases: 

To Mr. FTh"LEY, for one week, on account of illness; 

To Mr. MAYHAM, for one week, on account of important business; and _ 

To Mr. DAVIDSON, for one week. 

CHARLES B. MADDE....~. 

On motion of Mr. BAGLEY, by unanimous consent, leave was granted for the withdrawal from the files of the House of the papers m the case of Charles B. Madden, no adverse report having been 

made. 

)IRS. FLORENCE DARLING. 

On motion of 1\Ir. WOOD, by unanimous•consent, leave was granted 

for the withdrawal from the files of the Honse of the papers in the case of Mrs. Florence Darling, no adverse report having been made. 

LEAVE TO PRINT. 

Mr. PHILLIPS, by unanimous consent, was granted leave to print as part of the debate certain remarks on correspondence relating to 

surveys under the War Department. [See Appendix.] 

LATE JU~ HARTRIDQE. 

1\Ir. COOK, by unanimous consent, submitte«;l tho following ·resolution; which was adopted: 

Besol11ed, That the Committee on Appropriations be instructed to include in the 

sundry civil aJ:pro~ation bill a sum sufficient to G:Y to the widow of the late 

~~~~~~J fo~' tbe~~:%!~~;~lili: :r~ f~~wO:ich h~~~:C~d~t he would 

Mr. COOK moved to reconsider the vote by which the resolution was adopted; and also moved to lay the motion to reconsider on the 

table. 

The latter motion was agreed to. 

CO::\illERCIAL Al\"D PO ~TAL ~TERCOURSE, ETC . . 

Mr. REAGAN. By direction of the Committee on Commerce I ask 

for the printing of the four following documents: 

A letter from the Postmaster-General, transmitting a report by 1\Ir. 

J. ,V, Frelich in relation to the commercial and postal intercourse 

between the United States and the countries of South America; 

A letter frQm the Secretary of State in response to a resolution of 

the House of Representatives of the 4th instant asking for information in relation to the commercial and postal intercourse between the 

United States and the countries of South America; 

A memorial to the ConQTeSS of the United Stat.es on the improvement of the Mississippi River and th~ reclamation of the adjacent 

lands, addressed to the Committee on Commerce of the House of Representatives by John Cowden, of Washington, District of Columbia; 

and 

A letter from the Secretary of the Treasury, transmitting the report 

of the Superintendent of the Coast and Geodetic Survey for the year 

ending June 30, 1878. 

There was no objection, and it was ordered aecordingly. 

RESTRICTION OF CHINESE IMMIGRATIO:N. 

Mr. WILLIS, of Kentucky. :Mr. Speaker, I am instructed by the 

Committee on Education and Labor tn report back a bill (H. R. No. 

2423.) to restrict the immigration of Chinese tn the United States 

with certain amendments, and to move that the bill and amendments, togetb~r with the accompanying report, be printed and recommitted. 

There was no objection, aud it was ordered accordingly. 

Mr. WILLIS, of Kentucky. I am also instructed to ask permission 

for that committee to report the bill on the 2t:!th of this month,.aft-er 

the reading of the Journal: 

Mr. CONGER. That is, with the usual condition that it is not to 

be brought back by a motion to reconsider. 

The SPEAKER. The gentleman asks for permission to repo~ it 

back on the 28th. 

1\Ir. BUCKNER. Will that be made subject to other special orders T 

The SPEAKER. Of course they will report on that day. It is a special order for that day, and that day only. 

There was no objection, and it was ordered aecordingly. 

SALARY OF THE DISTRICT JUDGE OF l'tUCillGAN. 

~1r. CONGER, by unanimous consent, from the Committee on tho 

Judiciary, reported back a bill (H. R. No. 5lt46) to increase the salary 

of the district judge of the ""'estern judicial district of Michigan ; and 

the same was referred to the Committee on Expe11ditures in the Department of Justice. · ABRA-"\1 F. FARRAR. 

1\Ir. BROWNE, by unanimot~s consent, introduced a bill (H. R. No. 

5806) granting a pension to Abram F. Farrar, late captain Company . F, Thirty-Fifth Indiana Volunteer Infantry; which was read a first 

alld second time, referred to the Committee on Invalid Pensions, and 

ordered to be printed. 

EXPE~SES OF DISTRICT JUDGX1 MICillGA..~. 

Mr. STONE, of ~Iichigan, by unanimous consent, introduced a bill 

(H. R. No. 5807) to provide for the payment of certain expenses of.the 

district judge of the western j ndicial district of Michigan; which was read a first and second time, refened te the Committee on Expenditures in the Department of Justice, and ordered to be printed. 

PERSO~AL EXPL&."'iATIO:N. 

Mr. HANNA. :Mr. Speaker, by direction of the House I have been 

absent 1:1ince Thursday last until to-day as one of the committee which 

accompanied the remain~ of lli. Hartridge to Savannah, Georgia. 

During my absence, on Friday last, I understand a vote was taken Oil 

the William and 1\Iary college bill. Had I been present, I would have 

voted "no." 

And then, on motion of Mr. GARFIELD, (at four o'clock and ru 

teen minutes p. m.,) th~ House adjourned. 
448 CONGRESSIONAL RECORD-SENATE. JANUARY 15, 

PETITIONS, ETC. 

The following petitions, &c., were presented at the Clerk's desk, 

under the rule, and referred as stated : By Mr. ALDRICH : The petition of W. }.,. Bayne, M. D., and 20 

others, citizens of Macomb Illinois, for legislation to prevent the adulteration of sweets-to the Committee of Ways and Means. 

Also, the petition of T. N. Marynis and 40 others, citizens of Watseka, Illinois, of similar import-to the same committee. 

Also, the petition of George H. Kemp and 12 oth.ers, citizens of 

Barnesville, Ohio, of similar import-to the same committee. 

Also, the petition of P. H. Davies and 26 others, citizens of Canton, 

Illinois, of similar import-to the same committee. 

.Also, the petition of John C. Kingston and 25 others, of the State 

of New York, manufacturers of lasts, against the extension of the 

shoe-last patent of Nathaniel Jones-to the Committee on Patents. 

By Mr. ATKINS: The petition of citizens of Tennessee, for the 

improvement of the navigation of Duck River-to the Committee 

on Commerce. 

Also, papers relating to the war claim of George W. Mifileton-to 

the Committee on War Claims. 

4Jso, memorial of the American Public Health Association, asking 

the publication of an index to the medical library in the office of 

the Surgeon-General-to the Committee on Appropriations. 

By Mr. BACON: The petition of John C. Kingston· and others, 

against the extension of the shoe-last patent of Nathaniel Jones-to 

the Committee on Patents. 

By Mr. BALLOU: The petition of John C. Kingston and others, 

of similar import-to the same committee. 

Also, memorial of th~ sngaF importers and dealers r¥. Providence, 

Rhode Island1 against the proposed change of duties on sugar-to the 

Committee ot Ways and Means. 

By Mr. BANNING: The petition of citizens of New York, against 

the extension of the shoe-last patent of Nathaniel Jones-to the Com-. 

mittee on Patents. 

By Mr. BICKNELL: The petition of G. Westinghouse and others, 

against extending the Birdsell clover-huller patent-to the !:lame committee. 

Also, the petition of John C. Kingston and 25 others, manufacturers 

of lasts, against extending the shoe-last patent of Nathaniel Jonesto the same committee. 

By Mr. BOUCK: The petition of citizens of Nekama, Wisconsin, for legislation to prevent the adulteration of sweets-to the Committee of Wavs and Means. 

By Mr. BOYD: The petition of S. H. Thompson & Co. and other 

firms, of Peoria, Illinois, for such a change of the tariff as will admit 

all raw sugars not above No.16, Dutch standard in color, at one rate 

of duty-to the same committee. 

Also, the petition of s. H. Thompson & Co. and other firms, of Peoria, lllinols, for legislation to prevent the adulteration of sweets-to 

the same committee. 

By Mr. BRIDGES: The petition of citizens of :Massachusetts, against 

the extenl:!ion of the sewing-machine patent of McKay & Mathiasto the Committee on Patents. 

By Mr. CARLISLE: The petition of the ladies of the Protestant 

Episcopal church at Dayton, Kentucky, for additional legislation to 

.suppress the prnctice of polygamy-to the Committee on theJ udiciary. 

By Mr. CHITTENDEN: The petition of G. 'Vestinghouse & Co. 

.and others, against the extension of the Birdsell clover-buller pat-

-ent-to the Committee on Patents. 

.Also, the petition of Jolin C. Kingston and others, against the ex- tension of the shoe-last patent of Nathaniel Jones-to the same committee . .Also, resolution of the senate of the New York Legislature, opposing the passage of the Army reorganization bill, or at least the portions of it relating to the ordnance department, United States ar- senals, and ordnance stores-to the Committee on Military Affairs. 

By Mr. COX, of New York: The petition of Ralph King, for com- pensation for services as United States consul at Bremen, Germanyt-o the Committee on Foreign Affairs. 

By Mr. CRITTENDEN: The petition of Samuel S. Case, of Booneville, Missouri, for bounty for himself and others-:-to the Committee 

()n Invalid Pensions. 

By Mr. DEAN: The petition of :Mrs. Horace Manning and 14 others, 

for legislation that will make em~ctive the anti-polygamy law of 

1862-to the Committee on the Judiciary. 

By Mr. DEERING: The petition ef citizens of New York and Ohio, 

ag_ainst extending the Birdsell clover-huller patent-to the Committee on Patents. 

Also, the petition of citizens of Buffalo, New York, against extending the shoe-last patent of Nathaniel Jones-to the same committee. 

By Mr. FINLEY: The petition of Allen Campbell and 40 others, of 

Crawford County, Ohio, against the extension of the Birdsell cloverhuller patent-to the same committee. ·By Mr. FRYE : The petition of Elisha T. Totman and others, for 

the establishment of a life-saving station at Cape Small Point, :Mainet.e the Committee on Commerce. 

By Mr. GUNTER: The petition of Joseph W. Estep, for the removal 

of the charge of desertion-to the Committee on Military Affairs. 

By Mr. ~ASKELL: The petition of citizens of Pleasanton, Kansas, 

for a commission of inquiry concerning the alcoholic liquor trafficto the Committee on the Judiciary. 

By Mr. HOOKER: The petition of Henry Blackman, late postmas· 

ter at Brookhaven, Mississippi, to be relieved from accounting for money stolen from him by burglars-to the Committee of Claims. By Mr. JONES, of Alabama: A paper relating to the establishment 

of a post-route from Grove Hill1 via Winn's Mill, to Jackson, Alabamar-to the Committee on the Post-Office and Post-Roads. 

By Mr.MORSE : Memorial of the harbor commissioners of Boston , Massachusetts, relative to the improvement of Boston Harbor-to the Committee on Commerce. 

By Mr. MULDROW: Papers relating to the war claim of Abner McCollnm-to the Committee on War Claims . By :Mr. OVERTON : The petition of Stella Hillis and other women, of Rushville, Pennsylvania, for such legislation as willmake .effective 

the anti-polygamy law of 1862--to the Committee on the Judiciary. .Al~o, the petition o.f Mary. E: Th?ma and 42 other,women, of Stev- ensville, Pennsylvarua, of s1m1lar 1mport-to the same committee. 

By Mr. PRICE: The petition of the Women's Christian TemperMlCe Union and 36 citizens of Malcolm, Iowa, for a commission-of in· 

qniry concerning the alcoholic liquor traffic-to the same committee. 

Also, the petition of the Women's Temperance Union o.f the sixth 

congressional district of Iowa, of similar import-to the Bame com- mittee. 

Also, the petition of the Women's Christian Temperance Union and others of Keokuk, Iowa, of similar import-to the same commit- tee. 

By :Mr. RICE, of Ohio: The petition of Sarah J. Rauch, Lucinda J. 

Maple, and 80 other ladies, of Columbus Grove, Ohio, for such legislation as will make effective the anti-polygamy law of 1862--to the same committee. 

By Mr. RYAN: The petition of women of Reno County, Kansas, of 

similar import-to the same committee. 

By Mr. SAMPSON: 'l'he petition of Mrs. E. B. Woodruff, Mrs. H . T. Cunningham, Mrs. B. Ewalt, Mrs. A.M. Bonebrake, Mrs. A.M. Weyers, Ellen McClelland, Emma Ball, Susan Lewis, Kate Sears, and 

605 other women, of Knoxville, Iowa, of similar import-to t he same committee. 

By MF. SHALLENBERGER : The petition of 32 women of Lawrence County, Pennsylvania, of similar import-to the same committee. 

By Mr. SLEMONS: The petition of citizens of Pine Bluff, Arkansas 

for an appropriation to protect the river front of said city-to the Committee on Commerce. 

By Mr. STRAIT: The petition of Mrs. S. L. Sherred and 20 other ladies, of Shakopee, Minnesota, for legislation to make effective the 

anti-polygamy law of 1862--to the Committee on the Judiciary. 

.Also, memorial of Henry M. Rice, of St. Paul, Minnesota, and ot hers, 

in refe1·ence to the improvement of lake navigation-to the Committee on Commerce. 

By Mr. TUCKER: Memorial of citizens of Charlotte County! Vir- ginia, asking relief from the present onerons tobacco tax-to t he Committee of Ways and Means. 

.Also, the petition of JohnS. Barbour, receiver of the Washington 

City, Virginia Midland, and Great Southern Railroad Company, for legislation to enable the Post-Office Department to establish a double 

daily ruail service oVer said line of roa-d-to the Committee on the Post-Office and Post-Roads. 

By M.r. 'VILLIAMS, of Alabama: The petition of citizens of Bullock County, Alabama, for a post-route from Mount Level to Indian 

Creek, in said county-to the same committee . 

IN SENATE. 

WEDNESDAY, January 15, 1879. 

Prayer by the Chaplain, Rev. BYROY SUNDERLAlm, D. D. The Journal of yesterday's proceedings was read and approved. 

PETITIONS Al\"D 1\tE~IORIALS. 

Mr. WITHERS prese:t;1ted the resolutions of a public meeting of citi· zens of Powhatan County, Virginia, protesting against the injustice 

of the tobacco tax; which were referred to the Committee on Finance. He also presented a memorial of a committee of the Public Health 

Association, appointed at its late meeting in Richmond, Virginia, in 

favor of such legislation as will secure national sanitary reRults; which was referred to the select committee to investigate and report the 

best means of preventing the introduction and spread of epidemic 

diseases. 

Mr. BOOTH presented the petition of James Powell, of San Francisco, praying for such le~islation by Congress as will enable him to 

present and prove his clarm for dama~es caused by the capture of the 

wha1i.ng-sbip Edward Cary by the rebel cruiser Shenandoah during the late war; which was referred to the Committee on the .Judiciary. Mr. CONKLING. I present a petition signed by a lar~e nUJDber of 

soldiers whose 'regiments and companies are given, praymg for legislation touching their bounties. This does not relate to the arrear-s