1874. CONGRESSIONAL RECORD. '1681 

In~s, Lewis, Morrill of Vermont, Ransom, Sa.ulsbury, Thlll'ID.lLn, Windom, and 

Wiight-20. 

So the motion to reconsider was agreed to. 

The PRESIDING OFFICER. The question recurs on the adoption 

of t~ amendment propuaed by the Senator from •.rennessee [Mr. 

COOPER] to the instructiens moved by the Senator from North Carolina, [1\.!r. MERRIMO.~: • ] 

Mr. BORE~IAN. Now I move that the Senate proceed to the consideration of executive business. 

Mr. SHERMAN. I should like to have this question determined. 

Mr. BOREMAN. Very well; I withdraw the motion. 

The PRESIDING OFFICER. The question is on the amendment 

proposed by the Senator from Tennessee to the amendment of the 

Senator from North Carolina. 

The amendment to the amendment was rejected .. The PRESIDING OFFICER. The question recurs on the instructions proposed by the Senator from North Carolina as an amendment 

to the motion to recommit. 

Mr. MORTON. On that I ask for the yeas and nays. 

The yeas and nayt:J were ordered. 

Mr. CONKLING. What is the amendment on which we are now to 

voteY 

The PRESIDING OFFICER. The amendment will be read. 

The CHIEF CLERK. Theamendmentistoadd tothemotiontorecommit the bill to the Committee on Finance the following instruction: 

And that the Committee on Finance be, and they are hereby, instructed to report., as soon as practic.'l>ble, a. bill providing for the increa e of the national-bank circnl..'l.-

tion, dO that the whole volume thereof shn.ll not exceeu $400,000,000. 

The PRESIDING OFFICER. On this question ihe yeas and nays 

have been ordered. 

The Secretary proceeded to call the roll. 

Mr. FLANAGAN, (when his name was called.) I am paired off with 

the Senator from Mississippi, Mr. ALcoRN. If he were here he would 

vote "yea," and I should vote "nay." 

Mr. FRELINGHUYSEN, (when his name was called.) I am paired 

with the Senator from Wisconsin, Mr. CARPENTER. If present, he 

would vote" yea," and I should vote" nay." . . Mr. GORDON, (when his name was called.) On this questiOn I am paired with the Senator from Delaware, Mr. BAYARD. If he were h ere he would vote "nay," and I should vote" yea." 

Mr. HAMILTON, of Texas, (when his name was called.) I am paired with the Senator from Kansas, Mr. L~GALLS. If present he 

would vote" yea," and I should vote "nay." 

Mr. MORRILL, of Vermont, (when his name was called.) On this 

question I am paired with the Senator from Iowa, l\Ir. WRIGHT. I am told he would vote "yen.'' if present;" and I should vote "nay." 

Mr. SAULSBURY, (when his name was called.) On this question 

I am paired with the Senator from Nortb Carolina, Mr. RANSOM. 

The result was announced-yea-s 28, nays 25; as follows: 

YEAS-Messrs.·Allison, Bogy, Borem.a.n, Cameron, Clayton, Conover, Ferry of 

Michigan, Goldthwaite, Harvey, Hit-chcock, Howe, Johnston, Logan, McCreery, Men·imon, Mitchell, Morton, N<_>rwood, Oglesby, Patterson, Pease, Pratt, Ramsey, Robertson, Spencer, Sprague, Tipton, and West-28. 

NAYS-Messrs. Anthony, Boutwell, Buckingham, Chandler, Conkling, Cooper, Cragin, Davis, Fenton, Ferrl of Connecticut, Gilbert, Hager, Hamlin, Jones, Kelly, MoiTill of Maine~.Sargent, :Schurz, Scott, Sherman, Stevenson, Stewart, Stockton, 

Sumner, and Warueigh-25. ABSENT-Messra. Alcorn, B:tyM"d, Brownlow, Carpenter, Dennis, Dorsey, Edmunds, Flanagan, Frelinghnysen, Gordon, Hamilton of :Maryland, Hamilton of 

Toxas, In~alls, Lewis, Morrill of Vermont, Ransom, Saulsbury, Thurn'lan, Windom, 

a.nd Wrignt-20. 

So the amendment was agreed to. 

The PRESIDING OFFICER. The question recurs on recommitting the bill, with the instructions just acted upon. ~Ir. GORDON. I wish to offer an amendment to the instructions 

just adopted, by adding the following: 

To be distributed among the States which have not their quota of currency, and !fu~M~~ers, and in the ~tio of snch deficiency on the basis o~ popnl..'l.tion and pro-

["No!" ""Noi"J 

If there is any discussion I will withdraw it. It is simplyoto distribute among the States that have not their quota. 

Several SENATORS. ·withdraw it. 

1\Ir. GORDON. I withdraw it. 

Mr. DAVIS. I have an amendment t-o propose, to add to the instructions already adopted the following : -

.Also for free banking under the present national banking law. 

The PRESIDING OFFICER. The question is on the amendment 

of the Senator from West Yirginia. 

Mr. BUCKINGHAM. Is that in addition to the proposition of the 

Senator 'from Georgia Y 

The PRESIDING OFFICER. The proposition of the Senator from 

Georgia is withdrawn. 

Mr. DAVIS. It is to be add,ed to the proposition of the Senator 

from North Caxolina. · 

Tho PRESIDING OFFICER. The question is on the amendment 

of the Senator from West Virginia, [1\Ir. DAVIS.] 

The a:r,pendment was rejected. . 

Mr. BOREMAN. I renew my motion that the Senate proceed to the consideration of executive business. · 

106 

Mr. SHERMAN. I hope not. 

Mr. CAMERON. I hope we shall go into executive session. 

1\Ir. SHERMAN. I call for the yeaB and nays. 

1\'Ir. CAMERON. Very well; the yeas :md nays have no terror for me . 

. Mr. SHERMAN. I do not w:mt to be responsible for the continu- ance of the matter. 

Mr. ANTHONY. I move that the Senate do now adjourn. 

lli. SHERMAN. On that motion I call for the yeas and nays. 

The yea and nays were ordered. 

1\Ir. BOREMAN. I hope this motion will be voted down. I desire an executive session for a short time. ~Ir. MORRILL, of. Vermont. On this question I shall venture to 

vote, because I do not suppose the pair with Mr. WRIGHT reaches to a question of adjournment. . The question being taken by yeas and nays, resulted-yeas 16, nays 

33; aB follows : 

YEAS-Messrs. Anthony, Boutwell, Cameron, Fenton, Goldthwaite, Hamlin, 

Johnston, · Jones, McCreery, Pratt, Ramsey, Saulsbury, Schurz, Scott, Stockton, 

and Snm.ner-16. 

NAYS-Messrs. Allison, Boreman, Buckingham, Chandler, Conover, Cooper, 

Ferry of Connecticut, Ferry of ::Mlchigan, Flan~~an, Frelinghnysen, Hager, Harvey, Row , Kelly, Logan, Merrimon, Mitchell, .Morrill of Maine, Morrill of Vermont, Morton, Norwood, Oglesby, Patterson, Pease, Robertson, Sargent, Sherman, 

Spencer. Spra~e, Stevenson, Stewart, Tipton, and Wadleigh---33. . ABSENT-.Messrs. Alcorn, Bayard, Bogy; Brownlow, Carpenter, Clayton, Conkling, Cragin, Davis, Dennis, Dorsey, Edmunds, Gilbert, Gordon, Hamilton of Mary- lana, Hariillton of Texas, HitchcocK, Ingalls, Lewis, Ransom, Thurman, West, Windom, and Wright-24. 

So the Senate refused to adjourn. 

Mr. SCHURZ. I desire to speak on the question of financo at 

lenO"th. 

~fr:. ANTHONY. If the Senator would allow me, I should be .delighted to hear anybody on finance at this time, especially my frieml 

from Missouri; but if he will consent to postpone it to Monday, I will move an executive session. ~Ir. SCHURZ. I yield for that purpose. 

The PRESIDING OFFICER. The question now recurs on the 

motion of the Senator from West Virginia [l'r!r. BOREMAN] to proceed to the consideration of executive business, upon which there can be no debate. 

The motion was agreed to. 

HOUSE BILLS REFERRED. 

The following bills from the House of Representatives were sever- ally read twice by their titles, and referred to the Committee on the 

Judiciary : A bill(H. R. No. 780)requiring the UnitedStatesmarshals and clerks 

of the United States circuit and district courts who have received 

fees and emoluments in excess of their legal compensation, to deposit 

the same with the Treasurer of the United States; 

A bill (H. R. No. 1273)to regulate proceedings in mandamus; and 

A bill (H. R. No~ 2084) to provide for the appointment of clerks for 

the circuit and district courts of the United States held at New .Albany 

and Evansville, in the district of Indiana. -

EXECUTIVE SESSION. 

The Senate proceeded to the consideration of executive business 

After seven minutes spent in executive session the doors were reopened, 

and (at five o'clock and twelve minutes p.m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

FRIDAY, Febtt·uary 20, 1874. 

The Home met at twelve o'clock m. Prayer by the Chaplain, Rev. 

J. G. BUTLER, D. D. 

The Journal of yesterday waB read and approved. 

PERSONAL EXPLANATION. · 

Mr. BECK. Mr. Speaker, I ask the unaD.imous consent of the House 

to make a brief personal explanation of not over five minutes, and I 

think not over three minutes. 

There was no objection. 

Mr. BECK. Mr. Speaker, in the course of debate on yesterday, I 

made some remarks which my colleague [Mr. CROSSLAND] thought 

reflected on him and did him injustice. As neither of us had the floor 

in our own right at the time, it was impossible for me to exphiin 

either to him or the House, what I now assure both was the fact, that 

I had not the slightest idea either of wounding his feelings or of 

reflecting on him in the slightest degree. I have too high a regard 

for him to do either. If in the heat and hurry of debate I did or said 

anything which either my colleague or any other person construed 

into any imputation on him as a gentlemanoraRepresentative,I wish 

here and now to retract it. 

I believe now that I made a mistake in referring at all to what 

took place between my colleague and myself some "}Veeks ago, but l assure the House and the gentleman that I did not intend to do it in an offensive way. My only thought was, that as I had pointed out 

to the gep.tleman ~om lowa [Mr. ~SOlif] the large ~cr~a13e of ex-: 
1682 CONGRESSIONAL RECORD. FEBRUARY 20, 

penditures in the Post-Office Department, and the large deficiency 

asked, as shown by the Secretary of the Treasury, and he had not a-nswered it quite satisfactorily, my colleague ought not to say_ anything which might help him out. With that view I tried to remind him 

that at or near the closenf a very excellent speech which he made some- time ·ago, which in its general range referred to the statements of the 

Po tmaster-General, I had called his attention to what the Secretary 

of the Treasury had said about post-office deficiencies. A desultory 

and somewhat confused debate sprang up, which I thought we both 

agreed threw no special light on the apparent difference between the 

two officials, and it was left out of the REcoRD. I had not studied 

the question any more after that, and I did not suppose he had, and 

I wanted it to stand on Mr. KAssoN'S replies. I think, on reflection, 

that I did my colleague injustice in the remark that our :first little 

discussion was left out because he thought it would spoil his speech. 

I am inclined to think I made that remark to him. His speech was .able and well-considered. I had listened to it all with pleasure and 

profit. I wanted to send a number of them to Kentucky, as I did. I know my feeling was that it would be unjust to my colleague to 

mix up with such a speech the ill-considered questions and answers which would be injected into it, especially when it.came to be read 

at a distance. They had no necessary, if indeed even proper, relation 

to the broad subject he had discussed. 

I regret exceedingly the occurrence of yesterday. I think, on re- flection, that my colleague had cause to be hurt at my remarks, thong h 

I assure him I did not intend to hurt his feelings, misrepresent him, or d~ him injustice in any way. I have, perhaps, through ve1·y high 

personal regard for him, been in the habit of taking too many liberties with him, and speaking to him in ways that I would not if I liked 

him less. My appreciation of his character is. so high that I always 

doubt my own recollection when he differs with me as to a fact. I 

thlink the House for giving me, what is always a high privilege, the 

right to do justice to a friend and to myself, especially when the 

blame of whatever occurred rests on me, by alluding to matters which 

wounded the feelings of one I so sincerely esteem. 

Mr. CROSSLAND. Mr. Speaker, I desire .a moment to say that I 

accept, I trust, in the S3Jlle manly spirit in which my colleague tenders, 

the explanation of the unfortunate affair of yesterday. My colleague 

knows the.high estimate in which I have always held him, both as a man and a statesman. I have sat at his feet to learn political wisdom, M Saul sat at the feet of Gamaliel, and I desire to a-ssure him 

that the little affair ha-s in no degree abated the warmth of my regard 

for him. I desire to offer an apology to the House for the excitement 

exhibited by me in my remarks of yester<L"Oy. 

ILLINOIS AND ?tfiCffiGAN CANAL. 

1\Ir. HAWLEY, of Illinois. I ask unanimous consent to present a memorial of the Legislature of Illinois, in relation to the extension 

of the Illinois and Michigan Canal from the Illinois to the Mississippi River. · 

The SPEAKER. The memorial will be recei ed, ordered to be 

printed, and referred to the Committee on Railways and Canals. 

Mr. DURHAM. I call for the re~ order of business. Mr. HAWLEY, of Illinois. I desrre the memorial to be read to the 

House. 

The SPEAKER. It will be ordered to be printed and referred. 

Mr. HAWLEY, of Illinois. I wish to have it read to the House. 

The SPEAKER. That will require unanimous consent. Mr. HAWLEY, of Illinois. I hope there will be no objection. It 

is a memorial from the Legislature of the State of Illinois. 

The SPEAKER. The Chair thinks when gentlemen present memo- rials which are ordered to be printed and referred, they ought not to 

ask that they be read, in that way taking up the time of the House. 

:Mr. HAWLEY, of illinois. If the objection be insisted on, I do not 

insist; but I have never known, when the request was made to have a memorial from a State Legislature read at the Clerk's desk, it was ever refused. 

The SPEAKER. The Chair will st.ate to the gentleman that in not ono case in one hundred is it done. 1\-Ir. HAWLEY, of Illinois. It may not be done when there is no request made to have it rend. 

The SPEAKER. If there be no demand for the regular order. of 

business the Chair does not object to the memorial being rea.d, although 

it is of the utmost importance time should not be lost. l\Ir. HAWLEY, of Illinois. I make the request because it is common to make such a request, and I have never known the request to be 

refused by the House. 

The SPEAKER . . The Chair disagrees with the gentleman that the 

request is a common one. Mr. DURHAM. I must insist on the regular order of business. 

The SPEAKER. · The gentleman from Kentucky insists on the I'egular order of business, and it is the duty of the Chair to enforce it. Mr. HAWLEY, of Illinois. Because the gentleman from Kentucky 

does insist upon his objection, I ask that the memorial be printed, 

and referred to the Committee on Railways and Canals. But I must 

say that I never knew an objection insisted on in any case before, 

since I have b en a member of the House, when s~ch a memorial was asked to be read at the Clerk's desk. The SPEAKER. The Chair will state that memorials and resolutions of State Legislatures are always printed. That is a :~park of resp ct to States cndino- memorials and resolutions h er . A.nd tLe Chair 

will again state that not once in a hundred instances is the r equest 

made that they be read. . Mr. RAWLEY, of Illinois. I ask that the memorial be printed and 

referred to the Committee on R.:'llilwa.ys and Canal. · _ There was no objection; and the memorial was so referred. 

PROPOSED ADJOUR:Nl\f:E~T OVER. 

11:Ir. STOIDI. I rise to a privileged question. I move that when . the House adjourns to-day it be to meet on Monday next. Air. MAYNARD. I ho11e the House -will not -act upon that motion 

without some consideration. I was about to invite the attention of 

the HonseMr. STORl\f. I object to debate. 11:Ir. MAYNARD. If the gentleman will allowmeJust a moment, I 

will say that I wa.g about to propose that we should devote to-morrow 

to the consideration of the banking bill in Committee of the Wholenot as in Committee of the Whole, but in Committee of the Whole . . The SPEAKER. The gentleman from Tennessee desires that to- morrow the bill reported from the Committee on Banking and Currency shall be considerecl iu Committee-of the Whole. He therefore 

antagonizes the motion of the gentleman from Pennsylvania, that 

when the House adjourns to-day it be to meet on .Monday next. 

The motion· is not debatable. · The question being taken on the motion to adjourn over, there were- ayes 67, noes 83. 

So the House refused to adjourn over. 

ORDER OF BUSDmSS. 

1\Ir. SCOFIELD. The gentleman who has called the regular order 

yields to me to offer a resolution to obtain information from one of the 

Departments. Mr. HAWLEY, of illinois. I demand the regular order: 

The SPEAKER. The Chair takes occasion to remark that when a gentleman demands the regular order he there by deprives himself of the 

rigbt to yielcl for anything. A gentleman has no right to demand the 

regular order and then select an individual to whom he shall yield. 

The regula.r order having been called, the morning hour begins at 

twenty-three minutes past twelve o'clock, and, this being Friday, 

committees will be called for reports of a private nature, the call 

resting with the Committee on Claims. 

JAMES R. HAAIBLEN. 

Mr. HAWLEY, of Illinois, from the Committee on Claims, reported 

back the bill (H. R. No. 2055) for the relief of James R. Hamblen, of 

Camden, Mississippi; and moved that the committee be discharged 

from the further consideration of the same, and that it'be referred to 

the Committee on War Claims. 

The motion was agreed ~· 

R. W . CLARK. 

Mr. HAWLEY, of Illinois, also, from the same committee, reported as a substitute for House .bill No. 495 a bill (H. R. No. 2086) for the 

relief of R. W. Clark, postmaster at Brattleborough, Vermont; which was read a :first and second time, referred to the Committee of the 

Whole on the Private Calendar, and ordered to be printed. 

DR. EDWARD J.:ARVIS. 

Mr. HAWLEY, of Illinois, also, from the same committee, reported 

back, with the recommendation that it do pas , the bill (S. No. 302) 

for the relief of Dr. Edward Jarvis; and the ame was referred to the 

Committee of the Whole on the Private Calendar. 

OLIVER P . MASON. 

Mr. H.AliiLTON, from the Committee on Claims, reported back, 

with the recommendation that it do pass, the bill (H. R. No. 763) for 

the relief of Oliver P . M:ason; and the same was referred to the Com- mittee of t h e Whole on the Private Calendar. 

• JULIUS GRIESENBECK. 

Mr. HAMILTON also, from the same committee reported a bill 

(H. R. No. _2087) for the relief of Julius Griesenbeck, of Wa{}o, Texas; 

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

the Whole on the Private Calendar, and orde~ed to be printed. 

JAMES LILLIE. 

Mr. SHOEMAKER, of Pennsylvania, from the Committee on Claims, 

reported a bill (H. R. No. 2088) for the relief of James Lillie, :postmaster at Lisbon ville, Ray County, J\.fissouri, as a substitute for House 

bill No. 1177; which was read a :first :mel second time, referred to 

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

be printed. C. W . C. DIDn.'IXGTON. 

11:Ir. SHOEMAKER, of Pennsylvania, also, from the same committee, reported ba{}k, with the recom.menda,tion that it do not pass, the 

bill (H. R. No. 561) for the relief of C. W . C. Dunnington; and the same was laid on the table, and the accompanying 1·eport ordered to be 

:printed. JOSEPH B. ROTHSCHILD. 

I\Ir. SHOEMAKER, of Pennsylvania, also, from tho sama committee, reported adversely on the petition of Joseph B. Rothschild, for 

relief for money stolen from collector's office at Findlay, Ohio ; and 
1874. CONGRESSIONAL RECORD. 1683 

tho samo was laid on the table, and tho accompanying report Grdered 

to lJe printed. WILLIAM: CHESTER. 

Mr. SMITH, of Ohio, from the Committee on C ln.ims, reported back, 

with the recommendation that it do pass, the bill (H.R.No. 692) for the 

relief of William Chester; and the same was referred to the Committee of the Whole on the Private Ca.lendar. 

JOHN BRENNAN. 

Mr. SMITH, of Ohio, also, from the same committee, reported back, 

with the 1·eeommendation that it do pass, the bill (H. R. No. 650) 

for the relief of J ohn Brennan; and the same was referred to the 

Committee of t he \Vhole on the Private Calendar. 

JAMES COATS. 

Mr. H OWE, from the Committee on Claims reported back, with a r ecommendation that the same do pass, the bill (H. R. No. 104) for 

tho relief of James Coats, of J~1>ckson, Mississippi; which wasrefened 

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

report acoomp3:nying the same ordered to be printed. 

LOUISA P. MOLLOY. 

Mr. EDEN, from the Committee on Claims, reported a bill (H. R. No. 20 9) for the relief of 1\frs. Louisa P. Molloy; which was read a fil'st and second time, referred to the Committee of the Whole on the 

Pl'ivate Calendal', and, with the accompanying report, ordered to be 

printed. JACOB HARDING. 

Mr. EDEN, from the same committee, also reported a bill (H. R. No. 2090) for the relief of .Jacob Harding; which was read a first and 

second time, referred to the Committee of the Whole on the Private 

Calendar, and, with :1 report accompanying the same, ordered to lJe 

printed. · WILLIAM NORTHEDGE. 

· Mr. WILSON, of Iowa, from the Committee on Claims, reported a bill (H. R. No. 2091) for the relief of theheirs and next kin of Colonel 

'William N orthedge, deceased; which was read a first and second time, 

referrod to the Committee of the Whole on the Private Calendar, and, · with the report accompanying the same, ordered to be printed. 

JOHN W. DIVTh"E. 

Mr. SCUDDER, of New Jersey, from the Committee on War Claims, 

reported a bill (H. R. No. 2092) for the relief of John .,N, Divine, late 

assistant surgeon of the Eleventh Regiment of Tennessee Cavahy ; 

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

the Whole on the Private Calendar, and the report accompanying the' same ordered to be printed. -

PASSENGERS ~ STEAl\:I:SHIPS AND OTHER VESSELS. 

1\Ir. CONGER. I am directed by the Committee on Commerce to 

report back, with a recommendation that the same tlo pass, the bill (H. R. 

No. 1364) to amend the act entitled "An act to reguln.te the carriage of 

pa engers in steamships and other vessels," approved March 3, 1855. The bill provides that the thirteenth section of the act entitled "An 

ad to regulate the carriage of pas engers in steamships and other 

vessels," approved March 3, 1855, be, and the same is thereby, repealed; 

and that hereafter each and eve1·y collector of customs to whom shall 

be delivered the manifests or lists of passengers pre cribed by the 

twelfth section of the act afore aid, approved March 3, 1855, shall 

make returns from such manifests or lists of passengers to the Secre- tary of the Treasury of the United States, in such manner as shall be 

prescribed by that officer, under whose direction statements of the same shall be prepared and published. 

11-Ir. 1\f.A.YN.A.RD. Is that a private bill 'i 

The SPEAKER. It is not, in the judgment of the Chair. Mr. CONGER. I ask permission to re11ort it, although it is not 

strictly a private bill, because the committee have been requested so to do by the Treasury Department, in order that they might compile 

the sta.tistics required by the bill for their forthcoming report. Mr. HAWLEY, of Illinois. Without having heard distinctly what 

the bill is, I hold that none bnt bills of a. p1i.vate nature should be 

reported at this time. 

Mr. MAYNARD. If it is only desired to have it go to the Commit- tee of the Whole on the Privftte Calenda.r, I will not object. Mr. CONGER. I ask its consideration now, because the Secretary 

of the Treasury and the Secretary of State have both in a printed letter recommended the passage of such a bill, in order that the statistics 

provided for may be prepared by the Bureau of Statistics for publi- cation. 

The SPEAKER. • It would probably be more regular for the Chair 

to recognize the gentleman at the expiration of the morning hour to 

ask unanimous consent for this purpose; it would require nnaninlons 

consent at this time. Mr. CONGER. Very well ; I will withdraw the bill. 

SCHOONER GEORGE WARREN. 

:Mr. CONGER, from th'3. Committee on Commerce, reported ba-ek, 

with a recommendation that the same do pass, House bill 1365, to 

grant an American register to the Canadian schooner George Warren. The question wa§_ upon ordering the bill to be engrossed and read a third time. ~ · 

The bill directs the Secretary of the Treasury to issue an .A.mel'ica n register to the Canadian schooner George Warren, owned by Benjamin 

P . Morton, of Detroit, Michigan . Mr. CONGER. The facts in regru·d to this case are as follows : This schooner was condemned in the United States court of Michigan 

for a bfeach of the revenue laws, and was sold under that condemna- tion. .A.t the time of tho sale the deputy marshal of the United States, 

misunderstanding the law upon that subject, publicly proclaimed 

that the purchaser under that sale would be entitled to an.A.ruerican 

recdster. The purchaser bought with the express unde1·standing, hi~self uot being familiar with the law on that subj ect, that he woultl 

be entitled to an American register by ~irtue of the sale. That was not the law ; but the committee recommend the passage of this bill, because the purchaser hacl been deceived by an officer of t he Govern- ment in a. statement which affected the purchase. The bill was ordered to be engrossed and read a third time ; ancl 

beinO' ~mgrossed, it was accordingly read the third time, and passed. · Mf. CONGER moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

MARTh"E HOSPITAL, DETROIT, MICHIGAN. 

1\Ir. CONGER, from the Committee on Commerce, reported back, with the recommendation that the same do pass, the bill (H. R. No. 1706) to authorize the rnmring of Wrighl street through the grotmds 

of the United States .Armory Hospital, at Detroit, Michigan; which was 1·eferred to the Committee of the Whole on the state of the Union, and the report accompanying the same ordered to be printed. 

CANCELL."\G HAND-STAMPS, ETC. 

1\Ir. PACKER, from the Committee on the Post-Office and Post- Roads, reported back the bill (H. R. No.1789) referring to the Court of 

Claims for adjutlication ~d determination the claims of the parties 

therein named for the pnst and the future use of the Norton po tmarking and canceling hand-stamp, and the Robert on improved 

haml-stamp; and moved that the committPe be di charged from its 

fnrther consideration, ancl that it be 1·eferred to the Comp1ittee on the 

J udici~ry. · · The motion wa.-s agreed to. 

PETER S. PATTON. 

1\Ir. COBB, of Kansas, from the Committee on the Post-Office and 

Post-Roads, reported back the bill (H. R. No. 753) for the relief of 

Peter S. P~ttton; and moved that the same be referred to the Com- mittee of the Whole ·on the Private Calendar. 

The motion was abrreed to. 

MICHAEL COLOTZ. 

Mr. COBURN; from the Committee on Military Affairs, reported 

back the petition of Michael Colotz, asking to be placed on the pen- sion-roll; and moved that the same be referred to the Committee on 

Inv~1>lid Pensions. 

The'motion was agreed to. 

CAPTAL"\ JAl\IES W. ATKINSON. 

Mr. D01\TNAN, from the Committee on Military Affairs, reported 

adversely upon the petition of Captan James W . .Atkinson, for reim- bur ement for recruiting expenses; and moved that the same be laid 

on the table. The motion was agreed to. 

MATTHEW WOODRUFF. 

M.r. DONNAJ.~. The Committee on Military Affairs have directed me to report back the bill (S. No. 365) for the relief of Mat.the' v Woodruff, late first sergeant of Company G, Twenty-first Missouri 

Volunteers, and to move that the same be referred to tho Committee 

of the Whole on the Private Calendar. This bill is substantially the same as House bill No. 1777, which is now· before the Committee of 

the Whole, and we shall ask that this Senate bill be substituted for 

the Honse bill. 

The motion was agreed to ; and the bill was referred to the Com- mittee of the Whole on the Private Calendar. 

EPHRADI W . DAVIS. 

Mr. ALBRIGHT, from the Committee on Military Affairs, reported 

back the petition of Ephraim W . Davis, late a private of the Fifty- fifth Pennsylvania Volunteers, asltiug Congress to authorize the payment .of back pension ; and moved that the same be referred to the 

Committee on Invalid Pensions. The motion was agreed to. 

GENERAL SAl\IUEL W . CRAWFORD. 

Mr. ALBRIGHT also, from the same committee, reported a bill (H. 

R. No. 2093) for the r elief of Gener al Samuel W. C1·a.wford, Unitctl 

States .Army; which was read a. first and second time, and, with a written report, referred to the Commit.tee of the Whole on the Private Calendar, and ordered to be printed. 

WILLIAl\I A. SNODGRASS. 

Mr. ALBRIGHT also, from-the same committee, reported a bill (H. R. No. 2094) for the relief of William .A.. Snodgrass, late lieutenant o:f 

Company H, Thirty-ninth Regiment of Ohio Veteran Volunt-eer Inf::m- t-ry; which was read a first and second time, and with a written report, . 

--
1684 CONGRESSIONAL RECORD. FEBRUARY 20, 

referred to the Committee of the Whole on the Private Calenda.r, and 

ordered to be ~rinted. 

JiliES W. BOWEN. 

Mr. WARD, of illinois, reported back from the Committee on the 

Juilioiary, the bill (H. R. No. 1207) for the relief of James W. Bowen, 

l:>.te provost-m..'trshal of the tenth congressional district of ~ennsylvania; and moved that the same be referred to the ComiD.lttee on 

Claims. 

The motion was agreed to. 

OFFICERS OF THE UNITED STATES RAM LANCASTER. 

Mr. SCOFIELD, from the Committee on Naval Affairs reported 

n,dversely upon the memorial of the officers of the United States ram 

Lancaster, for bounty money; and moved that the same be laid on 

the table. 

The motion was agreed iro. 

JOHN HOLROYD. 

Mr. SCOFIELD also, from the same committee, reported back the 

bill (H. R. No. 1816) for the payment of John Holroyd for the use of 

his patent and invention by the Government; and moved that the same be referred to the Committee on Claims. 

The motion was agreed to. 

NAVAL ASYLUM AT PHILADELPHIA. 

Mr. SCOFIELD. Mr. Speaker, would it be in order for me to present, by order of the Committee on Naval Affairs, a resolution asking 

for information from one of the Departments¥ 

The SPEAKER. If thore be no objection it will be in order. It 

requires unanimous consent. 

Mr. SCOFIELD. By instruction of the Committee onNavalAffairs, 

I ask consent to offer the following resolution : 

Where2 , in pursuance of an act of Co~9ess, passed in the year 1811, a commission, consistin" of the Secretaries of the ~ avy Treasury and War, was constitu+.ed 

nnd authorized' to provide a permanent nava.i asylum for destitute and decrepit 

Navy officers, seamen, and marines; and whereas, in pursuance of said authority, the :Naval Asylum at Philadelphia was establi hed; and wherea-s the said city now entirely surrounds said asylum, and the site has therefore become entirely unsuit;. 

able for such asylum; and whereas the health and comfort of the brave men who 

imreriled their lives for their country would be highly promoted by a removal of 

saitl asylum fu .A.nna.polis, where the locality, scenery, and surroundings pre-emi- nently fit it as a. site for said institution; and whereas the sale of said asylum woulcl be a. means of great economy, as said buildings and grounds are veryvalna.- blot and from the fun(ls thereof suitable buildings could be erected at Annapolis anu leave a. large balance for the Treasury : Therefore, 

Resolved, Tha.tthe Secretary of the Navy be, a.nd he is hereby, directed to inform 

the Honse of the propriety of a. sale of the Naval Asylum at Philadelphia, and the erection of suitable buildings on the grounds adja{}ent to the Na.va.l Acll>demy at Annapolis, belonging to the GQvernment, for the purposes of a naval asylum; and 

also to communicate any information he may have on the subject. 

Mr. MYERS. I understand that is merely for the purpose of inquiry. 

Mr. ARCHER. That is all: 

Mr. MYERS. Then there is no objection to it. 

Mr. RANDALL. My understanding is, it is only for information. 

Mr. SCOFIELD. Th:1t is all. 

The resolution was adopted. 

UNITED STATES STEAMER BmNVILLE. 

Mr. LAMISON, from the Committee on Naval Affairs, reported back n. bill (H. R. No. 1201) authorizing the payment of prize-money to the 

officers and crew of the United States steamer Bienville, with the recommendation that it do pass. 

The bill was referred to the Committee of the Whole on the Pli.vate 

Calendar. MARY C. BELL. 

Mr. LAMISON also, from the same committee, reported a bill (H. 

R. No. 2094-t) granting an increase of pension to Mary C. Bell; which was rea,d n. :first and second time. 

Mr. LAMISON. I move that it be printed and referred to the Committee of the Whole on the Private Calendar. 

Mr. RUSK. That is a bill granting a pension, and ought to go to 

the Committee on Invalid Pensions. 

The SPEAKER. · The Chair thinks this belongs to· the Committee on Invalid Pensions, and if there be no objection it will be referred to 

that committee. 

:Mr. LAMISON. These bills come to our committee, as they pertain 

to the naval service; and as these pensions are paid out of the navalpension fund, it is believed they belong to our committee. 

Mr. RUSK. It has been customary to have these bills referred to 

the Committee on Invalid Pensions. 

The SPEAKER. If there be no objection the bill will be referred 

to the Committee on Invalid Pensions. 

Mr. SCOFIELD. I rise to a point of order. Ha-s the Speaker the 

power to refer that bill to another committee when it is reported from 

the Committee on Naval .Affajrs 7 

. The SPEAKER. The Chair did not understandittobeobjected to. 

Mr. SCOFIELD. It was reported from the Committee on Naval 

Affairs. The SPEAKER. The Chair understood the gentleman to assent to 

its reference to the Committee on Invalid Pensions. 

Mr. LAMISON. No, sir; I object. 

l\1r. SCOFIELD. !would be glad if the Housewouldgivethecom-

-

mittee instruction on that point. I have always claimed myself that 

all these bills should go to the Committee on Invalid Pensions. The 

Committee on Naval Affairs has been divided on the subject, but there 

ha-s always been a majority of the committee who would vote to retain 

these matters to act on tht:lm. We have a number of thatkind before 

the committee now. If we get instructions from the House we shall 

know how to act hereafter. 

The SPEAKER. The motion of the gentleman from Ohio whoreports the bill, that it be referred to the Committee of the Whole on the Private Calendar, takes precedence of the motion of the gentleman 

from Wisconsin to refer the bill to the Committee on Invalid Pensions. 

The motion to refer to the Committee of the Whole takes precedence 

of a motion to refer to a standing committee. The Chair supposed gent~emen assented to the bill going to the Committe& on Invalid 

Pens10ns. . 

The question was taken, and the bill was referred to the Committee of the Whole House on the Private Calendar, and ordered to 

be printed. 

MARY SWIFT. 

Mr. LAMISON also, from the same committee, reported back a bill 

(H. R. No. 52) granting an annuity to Mary Swift, daughter of Thoma-s 

Truxton, deceased, late commodore in the United States Navy, witlt 

the recommendation that it do pass, and moved that it be referred to 

the Committee of the Whole House on the Private Calendar. 

Mr. RUSK. The same bill is before the Committee on Invalid Pensions. I see no reason why this Committee on Naval Affairs should 

report pension bills any more than the Committee on Military Affairs. 

Mr. RANDALL. It came from the Committee on Naval Affairs 

during the la-st Congress. 

The SPEAKER. 'The Chair knows no reason why a naval pension 

should be considered by theN a val Committee any more than an .Army 

pension should be considered by the }.filitary Committee. 

Mr. ARCHER. I think there is this reason for it: Thenaval-pension fund is a separate and distinct fund. It is kept for that purpo e1 and t,he interest each year is applied to the payment of its pensions. 

I think if any committee of this House can properly take cognizance 

of the naval-pension fund it is the Committee on Naval .Affairs. 

The SPEAKER. It is a matter wholly, as the Chair has before re- marked, within the· discretion of the House to decid~ with the facts 

before it, to what committee this bill shall be referred. 

Mr. RUSK. This fund is under the control and is disbursed by tho 

Commissioner of Pensions the same as any other pension fund. 

Mr. ARCHER. No, sir; not by the Commissioner of Pensions, but 

by separate appropriations made every year for that purpose. Congress cut it down to 3 per cent. from 6 per cent .• which it used to be. 

There is interest enough now to pay all naval pensions. We have 

given up in almost every instance to the Committee on Invalid Pensions. I myself have referred bills of this nature to that committee 

because of the general understanding of the House that they should 

go there. But I have always thought that such claims should go to 

the Committee on Naval Affairs, and I have had two or three small 

claims of this nature referred to them and we have considered them. 

I hope the gentleman frQm Wisconsin [:1\Ir. RusK] will not insist on this bill going to his committee. 

Mr. RANDALL. I desire to say a word to the House in reference 

to this bill. I introduced it in the last Congress. It passed the House on the recommendation of the Naval Committee, granting fifty dollars per month to this lady. It went over to the Senate! but the Senator from Pennsylvania who had charge of it there dia not succeed 

in calling it up. I do not object at all to any committee considering 

it. But I object to having this bill committed to the Committee on Invalid Pensions, on account of the delay that will be thereby caused. 

This is an old widow lady, approaching eighty yea.rs of age. In the cour e of human events her life is not likely to last very much longer, 

and I desire that in her declining years she shall have the advantage 

of this pension. The Secretary of the Navy addressed to the chair- man of the Committee on Na.val Affairs, my collea~ue from Pennsylvania, [Mr. ScoFIELD,] a letter on this subject, which! should like to 

have the House bear read. 

Mr. WILLARD, of Vermont. I suppose that the motion to send the 

bill to the Committee of the Whole on the Private Calendar is not 

withdrawn. 

:Mr. RANDALL. I do not object to that. I only object to its being 

sent to the Committee on Invalid Pensions. 

The SPEAKER. The bill would necessarily have to go to the 

Committee of the Whole on the Private Calendar, no matter from 

which committee it was reported. 

Mr. RUSK. I will not object further to the bill going to the Committee of the Whole on the Private Calendar. 

Mr. RANDALL. I will reserve the letter of which I have !poken 

till the bill comes up for consideration on its merits. 

The bill wa.s referred to the Committee of the Whole on the Private Calendar. 

OLIVE S. BREED. 

Mr. RUSK, from the Committee on Invalid Pensions, reported ba.ck, 

with the recommendation that it do pass, the bill (H. R. No. 814) 

granti.I).g a pension to OliveS. Breed; and the same was referred ta 

the Committee of the Whole on the Private Calendar. 
1874:. CONGRESSIONAL RECORD. 1685 

~CRANE. .. 

. Mr. W ALL.ACE, from the Committee on Invalid Pensions, reported 

back with the recommendation that it do pass, the bill (H. R. No. 

280) W:anting :>. pension to .Ann Crane; and the same wa.s referred to 

the Committee of the Whole on the Private Calendar. 

JOHN O. FARNAM. 

Mr. SMALL, :from the Committee on Invalid Pensions, reported 

ba.ck, with the recommendation that it do pass, the bill (H. R. No. 

240) granting a pension to John C. Farnn.m; and the same was re- ferred to the Committ.oo of the Whole on the Private Calendar. 

GILMON BENNETT. 

Mr. SMALL also, from the same committee, reported back, with the 

recommenuation that it do not pass, the bill (H. R. No. 493) granting a pension to Gilmon Bennett ; and the same was laid on the table, 

and the accompanying report ordered to be printed. 

ADVERSE REPORTS. 

1\-lr. SMALL also, from the same committee, reported adversely on the following petitions; and the same were laid on the table, and the 

accompanying reports ordered to be printed : • The petition of Mary .A. Chute, for a pension; 

The petition of Caroline P. Gerrish; 

The petition of Clarissa D. Swain; 

The petition of Caroline E. Thomas; 

The petition of Henry M. Fyfe; and 

The petition of W. P. Bartlett. 

MRS. PENELOPE O. BROWN'. 

Mr. YOUNG, of Kentucky, from the Corinnittee on Invalid Pensions, reported back, with the recommendation that it do pass, the 

bill (H. R. No. 330) granting a pension to Mrs. Penelope C. Brown, of 

Tennessee, widow of Stephen C. Brown, late a private of Company 

C, Eighth Tenne see Cavalry Volunteers ; and the same was referred 

to the Committee of the Whole on the Private Calendar. · 

MRS. :r.IARTHA E. BRIXEY. 

Mr. YOUNG, oiKentucky, also, from the same committee, reported 

back, with the recommendation that it do not pass, the bill (H. R. No. 

33!J) granting a pension to Mrs. Martha E. Brixey, of Tennessee; and 

the same was laid on the table, and the accompanying report ordered 

to be printed. MRS. SALLIE OATLEY. . Mr. YOUNG, of Kentucky, also, from the same committee, reported 

l;>ack, with the recommendation that it do not puss, the bill (H. R. No. 

375) grant-ing a pension to Mrs. Sa,llie Oatley, of Lansing, Michigan; .and the same wa-s laid on the table, and the a-ccompanying report _ordered to be printed. CHARLES :r.IACARTHY. 

Mr. CRITTENDEN, from the Committee on Invalid Pensions, re- ported a bill (H. R. No. 2095) granting a pension to CharlesMu.carthy; 

which wa-s reud a first and second time, referred to the Committee of 

the Whole on the Pri 'late Calenda,r, and, with the accompanying re- port, ordered to be printed. · 

SOPHRONIA AUSTIN. 

Mr. CRITTENDEN also, from the same committee, reported a bill 

(H. R. No. 2097) ~anting a pension to Sophronia .Austin, of Linn 

County, Iowa; whwh was read a first and second time, referred to 

the Committee of the Whole on the Private Calendar, and, with the 

accompanying report, ordered to be printed. 

JAMES ROACH. 

Mr. CRITTENDEN also, from the same committee, report~d a bill 

(H. R. No. 2096) gra,nting a pension to J a,mes Roach; which was read a first and second time, referred to the Committee of the Whole on the Private Calendar, and, with the accompanying rep~rt, ordered 

to be printed. 

:r.IRS. NANCY PARKHURST. 

. 1\Ir. CRITTENDEN also, from the same committee, reported a bill 

(H. R. No. 2098) granting a pension to Mrs. Nancy Parkhurst; which wus read a. first and second time, referred to the Committee of the 

Whole on the Private Calendar, and, with t.b.e accompanying report, 

ordered to be printed. 

OLIVER C. DENSLOW. 

Mr. CRITTENDEN also, from the same committee, reported ba-ck 

with the recommendation that it do pass, the bill (H. R. No. 360) 

granting a pension to Oliver C. Denslow; a,nd the same wa-s referred 

to the Committee of the Whole on the Private Calendar. 

~ms. E,LJZABETH COPELAND. 

1\fr. CRITTENDEN also, from the same committee, reported a bill. 

(H. R. No. 2099) granting a pension to Mrs. Elizabeth Copeland; 

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

of the " 7h ole on the Private Calendar, and, with the accompanying 

report, ordered to be printed. 

ADVERSE REPORTS ON PETmONS. 

Mr.CRITTENDENa1so,fromthesamecommittee,reportedadversely on the petition of Charles Fitchett, of Fredericksburgh, Virginia, and 

the petition of Sarah Shackelford ; ancl the same were laid upon the 

ta.l>lo, and the n.ccompanying reports ordered to be printed. 

~OFF, DOERR, AND GEBHART. 

Mr. WELLS, from the Committee on Po blic Buildings and Grounds, 

reported a bill (H. R. No. 2100) for the relief of Martin Hoff, Casper 

Doerr, and George Gebhart, citizens of Saint Louis; which was read a first and second time, referred to the Committee of the Whole on the Private Calendar, and, with the accompanying report, ordered to 

be printed. · STEAMER CLARA DOLSEN. 

Mr. HANCOCK, from the Committee on .Appropriations: reported a. bill (H. R. No. 2101) for the relief of the owners of the steamer Clara 

Dolsen ; which was read a first and second time, referred to the Committee of the Whole on the Private Calendar, and, with the accom- panyinO' report, ordered to be printed. 

The SPEAKER. The committees have been called through for 

reports of a priva,te nature. 

PERSONAL EXPLANATION. 

Mr. L.AM.AR. I desire consent of the House to make a personal 

explanation, which will occupy but a few minutes. I ask the Clerk 

to read, from the speech of the gentleman from Pennsylvania [Mr. 

ToDD] on the Arkansas election case, that portion which I have 

marked. 

The Clerk rea~ a.a follows: 

In the Committee on Elections there was no disagreement in regard to .Tndge WILSHIRE's right in the prima facie case. 

Mr. L.AM.AR. I wish to say in behalf of my colleagues of the minority of the committee that that statement is absolutely incorrect., and 

the reverse of what actually occurred in the committee. It is only a question of recollection, and I desire to correct the statement. 

l\Ir. TODD. Whatever statement I made in addressing the House 

the other day, I certainly had no intention to misrepresent the position of any member of the Committee on Elections. I made the 

statement, a-s I understoou it to be, in strict and perfect accordance 

with the facts as developed in the committee. I came to that conclusion because of what had transpired there and from the factMr. 1\I.AYN.ARD. I shall feel obliged to interpose an objection to 

any statement of what occurred in the committee-room, for very obvi- ous rea-sons. Mr. LAMAR . .Allow me to make a suggestion. This matter has 

been brought up an(l has gone so far, that unless a full and fl:ee ex- planation is made some injustice might be done. I ha,ve no doubt 

about the correctness of the position of the gentleman from Tennessee, (Mr. MAYNARD.] 

:Mr. MAYNARD. I l:biD. perfectly willing that, inasmuch as the com- mittee have been put upon the record in the mannm·stated, so much 

shall be said as will prevent any injustice being done to anybody. 

Mr. L.A.l\!.AR. It has already been disclosed, or at least reference 

has been ma~e to it. But we are now not going to show what oc- curred, but what did not occur. Mr. l\I.AYN.ARD. My point of order, which the Chair will take at 

once, is that the discussions and the action of the committee in their room are not legitimate or proper subjects for discussion or disclos- ure outside of the committee-room. 

The S:PE.AKER. The gentleman is entirely correct. 

Mr. TODD. The gentleman need not be uneasy upon that point. 

It is not my purpose to disclose anything that took pla-ce in the com- mittee-roo~ therefore the objection of the ·gentleman is likely unne- cessary. what I desire to call attention to is what has been brought 

to the a,ttontion of the House, not by myself, but by another member 

of the Committee on Elections. If the House will refer- to what I 

did say on that occasion they will see the position I assumed. My 

statement was substantially this: that there was no disagreement in 

the ~ommittee upon the prim,a facie right of Judge WILSHIRE to a seut; 

but that there were certain members of the committee who refused to concur in the re olution then pending before the Honse, because cer- tain facts had been developed in the examination of the prirna facie case which led them to doubt that Judge w·rLSHIRE was entitled to the 

seat upon the merits of the ca-se. The statement I made, the impression created upon my mind by what occurred in the committee, is fully 

sustained by a resolution which wus read a.s a portion of the remarks 

of the gentlemanfromNorthCarolina, [Mr. THOMAS.] It reads thus: 

Whilst the Jll!l.jority of the committee are of the opinion that upon the evidence to which they are legally restricted, .Mr. W. W. WILSHIRE is prima facie entitled to be admitted as the sitting member of the Ho.nse, pending the contest, yet tthe 

don bts arising from that evidence, in relation to his election, are so grave, that the 

committee asks the adoption of the following resolution : Reso~ved, That the Committee on Elections are restricted to investigate and de. 

termine the said case on its merits, and ~port the result to this House. 

That resolution undoubtedly states the fact that a majority of the 

Committee on Elections thought they were legally mstricted to the 

prima facie case. .And it appears from the face of this resolution that 

there wa-s at that time no objection made to the fact that 1\fr. WILSHIRE was entitled to the seat on the prima facie case. But the desire on the 

part of the gentleman from Mis issippi [Mr. LAl\IAR] and his democratic colleagues on the committee was to evade the decision of the 

prirna facie case, and to have the case decided upon its merits. If 

I have placed a wrong interpretation upon this resolution, it is to be 

attributed to my mental incapacity to comprehend its exact scope and 

meaning. 

.A.ll that I desire to say is, that it is unfortunate that the gentleman 
1686 . ·CONGRESSIONAL RECORD. FEBRUARY 20, 

did not correct the misstatement at the time it was made, instead of 

allowing a. day or two to pass by; for he did say during the course of 

that discussion, as reported in the proceedings : 

I do not desire to det.ain the committee in vindication of the positions which th& 

minority have assumed in the report and the resolution which they have submitted to this House. I ma.y, before the conclusion of the debate, correct some of -the mistakes of fact into which the gentleman from Pennsylvania [Mr. TODD] has fallen as to what transpired in the committee. 

Of cour e as I sa.id at the outset, I do not desire to state any fact . that is not clearly a fact; and if the gentleman denies my statement 

and asserts that he was opposed to a recogniti.on of the p1•iTna facie 

case, I am. of course bound to take that a sertion and recognize it as his position. 

1\fr. LAl\I.AR. Mr. Speaker, I have stated that, with my two colleagues signi~g the minority report, I was opposed to recognizing tJ;le 

p1•ima facie nght of Mr. WILSHIRE, and we so expressed ourselves m 

committee. With the gentleman's interpretation of that resolution 

I have nothing to do. I think it puts him in this attitude: From a r esolution which recites that a majority believed that Mr. WILSIIIRE 

had the 111-irna facie ri~t he draws the inference that there was una- nimity in favor of it. .tie states that inference as a fact, and when cor- rected persists in his statement. All I .have to add is that I presume 

the House is now satisfied of the imperturbability of my temper and 

the incorrigibility of the gentleman's convictions. 

ORDER OF BUSTh'"ESS. 

Mr. HA 'VLEY, of Illinois: I move that the rules be suspended for 

the purpose of going into Committee of the Whole on the Private 

Calendar; and pending ·that motion I move that all general debate on the several bills be limited to t-en minutes. 

Mr. HOLMAN. I belieYe that cannot be done. 

The SPEAKER. It requires unanimous <;onsent. 

Mr. HAWLEY, of Illinois. It is the same order that was made n. week ago. 

The SPEAKER. It wa.s made by unanimous consent. 

Mr. HAWLEY, of Illinois. Is there objection nowf 

:Mr. HOLMAN. Must not this order be confined to a particular subject-matter, and not include the whole business before the Committee 

of the Whole f 

The SPEAKER. The House is competent, by general consent, to 

make the order refer to a single bill or to all the bills on the Calendar. 

Mr. HAWLEY, of Illinois. Does the gentleman from Indiana [Mr. 

Hou1AN] object to the making of the same order which was made a week ao-o T 

Mr. HOLl\IAN. Such an order may interfere with the object of the 

House in going into Committee of. the Whole. 

Mr. H.A. WLEY, of Illinois. I think the gentleman from Indiana 

does not understand the effect of my motion. It i8 not that general 

debate upon all the bills shall be terminated in ten minute , but that 

upon each bill the general debate shall be limited to ten minutes. 

The SPEAKER. The Chair so understood the motion. 

Mr. HAWLEY, of Illinois. I think the gentleman from Indiana 

did not. 

The SPEAKER. The gentleman from Illinois, [Mr.HA WLEY,] chair- man of the Committee on Claims, requests that when the House shall 

go into Committee of the Whole on the Private Calendar, general 

debate on each bill be limited to ten minutes, leaving the :five-minute debate upon amendments. This order requires unanimous con& 

sent." 

:Mr. CONGER. I object to it as applying to all bills. 

1\Ir. HOLMAN. Why should some gentlemen in Committee of the 

Whole be allowed to make ten-minute speeches, while others are limited to :five minutesT 

1\Ir. HAWLEY, of Illinois. I would be glad to limit all debaio in 

Committee of the Whole to :fi>e minutes absolutely. If there be no objection I will ask that such an orde1· be made. 

'.rhe SPEAKER. The gentleman from Michigan [Mr. CONGER] 

objects. · 

Mr. PACKER. Pending the motion to go into Committee of the 

Whole, I desire to say that very many gentlemen on tl}.e floor are desirous 

of co~tinuing the consideration of the special order, House bill No. 825, 

with reference to the distribution of document , seeds, &c. In accord- ance with their wish, and for the purpose of testing the sense of the 

House, I move to amend the motion of the gentleman from Illinois 

by substituting a motion to proceed to the consideration of the bill I 

have just named. . The SPEAKER. That cannot be done; it would not be in order. 

The special order to which the gentleman from Pennsylvania [Mr. 

PACKARD] has refeiTed will come up :five minutes hence. Should the 

House refuse to go into Committee of the Whole on the Private Calendar, it will leave the House in consideratiQn of the bill for the distribution of documents. But that would be interrupted at the hour 

of two o'clock, us would the Committee of the Whole on the Private 

Calendar, l>y business relating to the Di trict of Columbia, this being the third ~""':riday of the month,· on. which the Committ,ee on the District of Colnmbia aro entitled to the floor after two o'clock. 

1\lr: HAWLEY of Illinois. I hope the House will indulge me in 

saying a word. By looking at the Private Calendar, it will be een that o>er :fifty private bills have been refeiTed to the committee prior 

to this morning; and probably :fifty more have been referred to-(lay. 

When we last went.._into Committee of the Whole on the Pn vate 

Calendar, we. <lid not<lispose, I think, of more than five bills. Thus 

far we have given but one day in each week to the con idemtiou o£ 

bills on the P1·ivate Calendar. Unless we proceecl with the Plivato 

Calendar on every private-bill day, we shall not, I think, gi e proper 

attention to this business. I hope the House will uniformly go into 

Committee of the Whole on Fridays and Saturdays. It is very important that we should hold a session to-monow for this bu in ss, as I 

hope the House will do not only this week, but ever.v week; otherw i 'o 

busine. of a private character will h~ve no consideration wbntover. 

1\Ir. PACKER. Perhaps we may aiTive at some accommodation on this que tion. The Committee on the District of Columbia, a the 

Chair has stated, will be entitled to the floor at two o'clock, o that 

after the arrival of the hour :fixed for the consideration of the po tal 

bill, we shall have half an hour for it consideration. In that timo the 

gentleman who has the floor might possibly finish his remarks. After 

the Committee on the District of Columbia has reported its lmsine - and I umlerstand that they havo not lllilllY reports to make-we could 

then go into Committee of the Whole Rouse on the Private Calendar, 

and in that way the business of the Private Calendar would con tuno 

the remaining portion of the day. I think to-morrow morning we 

might be able to :finish the bill reported from the Committee on the 

Post-Office and Post-Roads in a short time . . 1\fr. HAWLEY, of Illinoi . I tmderstand by referring to the gentleman from New York, [Mr. HALE,] chairman of the Committee em the District of Columbia, that the business from that committee will 

not occupy more than one hour to-day, so that the remnining portion 

of the time can be given to the Committee of the 'Vhole House ou the Private Calendar. I hope tb~.tt will be done. 

The SPEAKER. The pending motion ma-do by the gentleman from 

Illinois is that the House resolve itself into the Committee of the 

'Vhole House on the Private Calendar. 

Tne House divided; an<.l there wer(}-ayes 94, noes 28. 

The motion was agreed to. 

The House accordingly resolved itself into the Committee of t.he 

Whole House on the Private Calencl::tr, (Mr. 0RTH in the chair.) 

WILLIAM H. PILKINTON. 

The :first bill taken up for consideration wa.s a bill (H. R. No. 1587) 

for the relief of William H. Pilkinton, late a second lieutenant in 

Company G, Fifth Regiment Indiana Volunteers. 

The bill, which was read, provides that the Secretary of Warslw,ll 

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

William H. Pilkinton on the rolls as second lieutenant in Company 

G, Fifth .Regiment Indiana Volunteers, as of the date of June 30; 

1864; and that the proper accounting and pay officer;;; shall allow nnd 

pay to said Pilkinton the pay and emoluments of a second lieutenant 

from said date until the date of his discharge, deducting any sum or sums he may haye received qn account of military service auring said 

period. 

1\fr. PHILLIPS. There are mistakes in this bill which I move to 

correct. I move to insert the word" cavalry" after the word" r ~­

ment" whore it occurs, and to insert the letter "e" in place of "1," 

in the word "Pilkinton" so that the bill will rea-d as follows: 

A bill for the relief of William H. Pilkenton, late a second lieut.en:mt in Company 

G, Fif-th Regiment Cavalry, Indiana Volnnteers . . 

Be it enacted by the Stmatc and House of Repre~~entatives of the United States of 

America in Congress assembled, That the Secretary of War be, and he is h ereby, authorized and directed t{) place the name of Willixm H. Pilkenton on tho rolls as second lieutennut in Company G, Fifth Regiment Cavalry, Indiana. Volunteers, ad 

of the (Ulte of Jnno 30, 1864; and that tho proper acconnting and pay officers shall 

allow and pay to said Pilkenton the pay ancl emoluments of a. second lieutenant 

from said date u1ttil the date of his discharge, dcductinP any sum or sums ho may have receiv'* on acconnt of military service during saiu period. 

The amendment was agreed to. 

Mr. HOLMAN. I ask that the report be read. 

It appear from the report, which was .read, that the proof shows 

that William H. Pilkenton enlisted as a private soldier of Company 

G, of the Fifth Regiment of Indiana Cavalry, on the 18th day of August, in the year 1862, and was promoted to the office of secontl 

lieutenant of said company, receiving his commission as such on the 

30th day of June, 1864; and upon the next day, under orders from 

the colonel of t.he regiment, entered upon the duties of second liontenant. At this time the :first lieut-enant of the company, Samuel A. 

Armstrong was promoted ancl commissioned to the captaincy, and 

the second lieutenant, J. S. Chittenden, wa..s promoted and commissioned as first lieutenant. On or about the 1st of July, 1 64, aiel 

.Armstrong desert-eel, before be was mustered as captain. Application was at once made by the colonel of the regiment to have him <li - mi ·sed from the service, but before this was done the colonel of the 

regiment was captured, and Lieutenant Chittenden, who was awaittug the dismissal of Armstrong to bo mustered a.s fir ·t li eut-enant, wM 

also captured, leaving Pilkenton, still not mustere<;l as second lientenant, but ip commancl of the company, which command ho h ]11 till 

in the month of 1\lay, 186G, when Licuten::mt Chittenden, having l>ccn 

exchanged, returned to the company. On the 1:3th day of March, 1 ~65, Armstrong, the deserting fu·..,t lien- tenant, was dismissed, and after the return of Chittenden in May he was mnsterecl in as :first lieutenant, aml Pilkenton as second liont.en- ant, to d::tte from the 13th of March, 1 65. ' 

Pilkenton now applies to have his muster dated as of the 1st of 
1874. CONGRESSIONAL RECORD. 

July, 1864, and to be paid accordingly; this application haVing been 

refused at the time of muster and since by tho Secretary of War. His case is a meritorious one; the testimony shows hiru to have been. a good and faithful officer, and to have discharge<! the duties of a lieutenant in command of his company during thew hole time named. 

The committee think that he should. be put on the rolls and paid 

accordingly. The bill was ordered to be laid aside, to be reported to the Honse 

with the recommendation that it do pass. 

WILLIA.l\1 SWANZEY. 

The next business on the Calendar wa~ a bill (H. R. No. -) grantmg a pension to William Swanzey. · Mr. BURCHARD. Mr. Chairman, there was an application :pending before the Commissioner of Pensions to grant a pension to this 

person William Swanzey. The Committee on Invalid Pensions ex- amined the cru3e, and were· unanimously of the opinion the application 

should be allowed by the Commissioner. He has considered the case, 

and, as he informed me, has allowed it. Therefore it is unnecessary 

this bill should be acted upon now. I move it be laid aside, to-be re- ported to the House with the recommendation that it be laid. upon 

the table. The motion was agreed to. 

HE~Y SAVAGE. 

The next busine son the Calendar was a bill (H. R. No. 1589) for the 

relief of Henry Sav~~e, a.cting charge d'affaires of the Unitetl States 

in Guatemala from ru.ay 7, 1!356, to September 14, 1858. 

The bill, which wasr ad, provides that the Secretary of the Treasury 

be, an<l he is thereby, directed to pay, out of any moneys in the Treasury not otherwise appropriated, to Henry Savage the sum of $3,538, 

being the amount due him for his services and expenses as acting 

charge d'affaiTes for the United States at Guatemala from May 7,1856, 

to September 14, 1858, inclusive, at the rate of 1,500 a year, which paymentshall be in full discha,rgeof aJl his claims for expenses and services 

rendered in that capacity. 

It appears from the report j;hat Mr. Henry Savage is a citizen of the 

United States, now and for many years past a resident ln Guatemala. 

At various times between the 6th of February, 1830, and the 14th of 

September, 1858, in the absence of any .accredited diplomatic representative of the United States in that country, the records, archives, 

and public property of the United States therein were committed to 

his custody, he corresponded with and received communications from 

the Depa.rtment of State, and generally attended to the intere ts of 

the United States and its citizens there. The servi-ces were valuable, 

and l\fr. Marcy, when Secretary of Stat"-C, certified that they ought 

to be paid for, not at the rate of full salary of a -charg6 d'affaires but 

at the rate of fifteen hundretl to two thou and doll:us a. year. Mr. 

Savage, during the various time in whicll be rendered these services, 

amounting in the whole to about eighteen years, gave up a large part 

of his house to the keeping of the records and archives of the legation, and to the transaction of the public busine s thereof. He also 

paid orne money for the relief of destitute American seamen, postage on Government correspondence, &c. 

On the 30th of October, 1855; 1\Ir. avage brought a suit in the 

Conrt of Claims against the United States, to recover the compensartion due to him up to that time, and afterward recovered judgment 

therein for fourteen years and five months of service, at the rate of 

1,500 a year, amounting to $21,625. 

While this suit was pending. he was again employed in rendering 

similar and equally valuable services from May 7, 1856, to September 

14, 1858, inclusive, for which the minister to Guatemala vouches, as shown by the records 9f the legation, and which the Department of 

State has certified to be deserving of like compon ·ation. · The time during which the suit in the Court of Claims was pending, 

and the time during which Mr. Savage was presenting his claim for 

compensation for the additional service to the Treasury and the State 

Departments without definite action thereon, extended until the 

limitation against a further suit in the Court of Claims attached. 

The justice and reasonablene s of his claim were not denied, but no appropriation was found from which it could be paid. He therefore 

appeals to Congress; and the committee, finding on examination that 

he is equitably entitled to relief, report the accompanying bill, and 

recommend its passage. 

Mr. HOLMAN. This is a very old claim for services rendered to the 

Government by a foreign agent. I trust the gentleman from Massachu otts will explain more fully than is done by this report the reason for the extraordinary delay in adjusting compensation if the service were rendered by virtue of any request on· the part of the Govern- . ment. If these services were voluntarily rende1·ed at this place, I can- not see how he is entitled to compensation. I hope the gentleman 

will explain th~ matter. 

Mr. E. R. HOAR. I will state, Mr. Chairman, I think the report ~ives the whole material for the House to come to a conclusion on it. 

I hardly think the gentleman from Indiana, who makes the suggestion, has noticed fully the extent of the statement in the report. The 

post of minister to Guatemala was found for a great series of years one in which it was very difficult to keep a minister. Tho climate was exceedingly unhealthy. Ministers were appointed, weJtt out there, 

became sick, and .had to return. In the mean time the diplomatic connection of onr Government with that of Guatemala had to be pre- served. There was a citizen of the United States resicling there to 

whom in this instance the minister turned over the papers of tho legation, requesting him to attend to the business of the country as its min~ter. He gave up his house substantially to it, })reserving the 

papers and conducting the correspondence, and wa,s so far 1·ecognized 

without a formal appointment by the State Department. Each suc- cessive Secretai-y of State recognized his services as valuable and as entitling him to compensation, besides expenditures of money that he 

made on behalf of destitute American seamen, &c. 

After this had gone on a good many years he sent his bill to this 

country to· obtain payment. It was presented to the State Department. They thought it a proper one, but had no funds out of whlch 

to pay it. The Court of Claims at that time was established, and ho 

presentecl his claim, up to that time, to the Court of Clajms. And 

upon the evidence of the State Depa,rtment and on the facts I have 

mentioned the Court of Claims n;mdered a judgment in hls favor, 

up to the time when· he presented his petition, and the United States 

paid it. 

Mean time he went on just in the same way while this suit was pending in the Court of Claims, and continued to render at a subsequent .period services of precisely the same character and value. 

Hut the length of time during which his ca~e was pending in the 

Court of Claims, and until he got information of the result, prevented his malring another application, or bringing another suit there. 

After that judgment was rende:red he presented· his claim fm the 

additional period, and the State Department recognized it and approved of it. It went from them to the Trea.sury Dopartment, and 

lay there until the time had lapsed within which he could bring suit 

in the Court of Claims for this additional sum. There is not,hing but 

that limitation that stands in the "ray of this payment to a person 

employed by the United States entitled to compensation, which has 

been ascertained judicially, as well as recognized by the Executive 

Department , and for which he recovered compe1;1sation up to a cer- tain date; and havi.J;t.~ gone on two years more in t~e same service, 

he now brings his bill to CongTe , because, while the Department 

approved of his claim, it had no appropriation out of which to pay 

him, and he is oblige(l to come to Congre~. 

I may 1·emark, also, that he ha-s the misfortune to have been a loser 

by the way in which he prosecuted hls claim before the Court of 

Claims. He presented his petition for compensation only up to a cer- tain time; and they allowed not for the whole time, but within two 

years of it. But the committee were of opinion that the judgment of 

the Court of Claims covered his preceding claim np to the time of presenting it in the court; and therefore we have only reported an allow- ance to him of what he was entitled to a~ rea onable compen ation at 

the same rate for the work he ha continuecl to do. It is exactly as if a person employed in any other business had sued his employer for 

compensation for a c~rtain amount of service, had brought an amicable 

suit, so to speak, and had it a certained that he was entitled to com- pensation, and while the suit was going ou had continued to render 

the same service in the same kind of employment, and when the suit was over asked the additional compensation forthe additional time. 

That is all there is in this case. Mr. HOLMAN. I 'had supposed that this was the case of a claim 

for compensation for services rendered while a person appointed regularly by the Government was at the same time receiving a salary for 

these very ervices. Mr. E. R. HOAR. Not at all. ~Ir. HOLMAN. l\Iy recollection was that that was a portion of the 

history of this claim. · Mr. E. R . .HOAR. I do not so unclerstand it. I understand that 

this is for se:r:vice~rendered during the intervals between the appointments of successive ministers who went out to Guatemala. The 

papers annexed to the petitions show that to be the fact. In the first 

instance the accredited representative of the United States had to 

leave on accotmt of bad health; and it wa.s only from that time that 

this man claimed any compensation. . Mr. HOLMAN. In that state of facts it would seem to me that this 

should be allowed. My impre ion always has been, when this subject was before the House heretofore, that there was a minister at Guatemala during all this period. If the gentleman from :Massachu etts is 

correct, my impression in regard to the nature of this claim is wrong. 

1\Ir. E. R. HOAR. This claim bas not previously been before the 

Honse. It was the preceding claim, on whlch the Court of.Clnims 

gave a favorable judgment, and Congress appropriated the money. 

The bill was laid aside to be favorably reported to the House. 

JAl\illS DE LONG. 

The next bill on the Private Calendar was the bill (H. R. No. 526) 

for the relief of James De Long. • The bill wa~ read. It authorizes and directs the Secretary of the 

Treasury to pay to James De Long, late consul at Aux Cayes, Hayti, 

out of any moneys in the Treasury not othenyjse appropriated, the sum of $2,816 ; $1,166 of the sum o appropriated being for money 

advanced and expended by the said James De Long, consul as aforesaid, for the relief of destitute colored emigl,'ants, colonized under 

authority of the acts of April16 and July 17, 1862, and 1,650 of the 

said amount being for extraordinary expenses incurred by him at the 

siege of Aux Cayes, Hayti, during hjs consulship at said .place. 
1688 CONGRESSIONAL RECORD.:· ~ FEBRUARY 20, 

Mr. MYERS. This is a bill which passed both Houses during last 

Congress, but wa.s not presented to the ~reside~t in time to receive 

his signature. . It has ~een repo~~d agam unaru.mously py ~he C~mmittee on Foreign A:ffarrs. There IS a report accompanymg It which 

is of some length, and I suppose it will not be necessary to haye it 

read. I presume the facts of the ca.se are generally understood in 

the House. . Mr. HOLMAN. I think thereportshould be read. It will put the 

House in possession of the facts better tha,n :1ny explanation can do. 

The Clerk :~an the reading of the bill, but before concluding, . The SPE R resumed the chair and said: The hour of two 

o'clock having arrived, this being the third Friday of the month, the 

Committee on the District of Columbia, under the rule, is entitled to 

the floor to report business from that committee. 

CHIEF JUSTICE MORRISON D. WAITE. 

· Mr. E. R. HOAR. I am about to move that the House now take a reces for ten minutes. I underst:1nd that the gentleman appointed 

and commissioned as Chief Justice of the Supreme Court of the United States is now in the Hall, a,nd that it will be agreeable to mem- bers to have an opportunity to be presented to him and to make his 

acquaintance. For that purpose I move that the House now take a 

recess for ten minutes. 

The SPEAKER. Is it the pleasure of the House to take a recess for ten minutes for the purpose indicated by ihe gentleman from 

Ma achusetts f 

The motion wM agreed to unanimously. 

The Honse accordingly took a recess, and the Speaker, leaving his 

chair, pre ented the members of the House to the Chief Justice of 

the Supreme Court of the United States. 

The recess having expired, the Speaker resumed the chair and 

called the House to order. 

) ACCOUNTANT FOR THE DISTRICT COMMITTEE. 

Mr. HALE, of New York~ By instruction of the Committee on the 

District of Columbia, I report the following resolution : 

Be it re8olved, That the resolution of the House of Representatives of December 

13, 1873, authorizing the Committee on the District of Columbia to employ an ac- countant, &c., and directing him to"be paid for his services out o:f the contingent :flmd, bo amended so as to anthori:~Je the payment to be made from the appropriation for committee clerks of the House. 

The reoolution authorizing the employment of an accountant by 

the Committee on the District of Columbia provided for his payment 

out of the contingent fund of the House. The chairman of the Committee on A"ccounts [Ur. BUFFI.t'ITON] and the disbursing clerk of 

the Hon e have called my attention to the fact that such payment is 

prohibited by law; but they both agree that the payment can be 

properly made out of the fund for the payment of committee clerks. 

The resolution was adopted. 

. INCORPORATION OF A STREET RAILWAY. 

Mr. HALE, of New York, from the Committee on the District of 

Columbia, reported a, bill (H. R. No. 2102) to incorporate the Capitol, 

North 0 street, and South Washington Railway; which was read a fir t and secouu time. 

The question was upon ordering the bill to be engrossed and read a 

third time. 

The Clerk began the reading of the bill. 

Mr. COX. With the consent of the gentleman who reported this 

bill, I will rai e the point of order that It should. receive its first con- sidemtion in Committee of the Whole, bQcanse it appropriates property in which the Government haa an interest for the benefit of this 

railway. "t. 

:1\Ir. NEGLEY. I think that point is well taken. 

Mr. HALE, of New York. With all deference, it seems to me that 

the point of order is not well taken. This bill does not make an ap- propriation of either money or property. It merely allows a street 

milro:td to be laid down in the public streets of this city ; or, in other 

words, it directs a new public use of property already dedicated to 

public use. It is a, mere change to a certain extent of the use of 

property already dedicated to public use. That was the view of the 

committee, and I think it is a sound view. 

Mr. COX. I would a-sk the gentleman whether1 as a lawyer, the 

fee of the property of the streets of ·washington 1s n"o·t in the Government of the United States 7 • Mr. HALE, of New York. I understand it is. 

Mr. COX. . And this bill dedicates the streets of which the Government owns the fee to a specific purpose 7 

Mr. HALE, of New York. The Government owns the fee of the 

streets in Washington, as I understand, but alrea-dy subject to a dedication to a public use wlti.ch is full and complete. This bill merely 

authorizes a different public use under that same dedication; but the 

whole pr6perty is alrea-dy dedicated to a public use. J\fr. COX. '.rhe Supreme Court has hel(l that the Government could 

take pos ssion of any of these streets and shut them up. ~h. HALE, of New York. Undoubtedly. Mr. SPEER. Does the gentleman hold that the dedication of these 

streets to the uses of a railroa-d comp:1ny is a dedication to a public use T 

Mr. IIALE, of New York. · Undoubtedly so. 

Mr: SPEER. A railroad company of private incorporation named 

in this bill f 

:Mr. G. F . HOAR. I would suggest that this is not anything more or less than it would be to permit a lecturer to use the Hall of the 

House of Representatives. It is a simple permission that certain 

streets may be used for a certain purpose until the United States shall 

otherwise order. It does not put them out of the power of the United 

States at all. 

!Ir. HALE, of NewYork. The gentleman from Massa-chusetts [Mr. 

G. F. HoAR] has restated my point, of course better than I can state 

it. In answer to the inquiry of the gentleman from Pennsylvahia, 

[Mr. SPEER,] whether permi sion to a street railroad company to lay 

down a track in the public streets is a public u e of tho e streets, I 

will say that I did not suppose that a,ny lawyer on this floor had any 

d<_mbt upon that point. It is upon that theory alone that milro:uls are permitted all over the country to take possession of highways and 

of private property for the uses of railroads. 

Mr. SPEER. A highway dedica,ted to a public purpose without 

compensation for pas iug over jt would be a dedication for a public use. But a dedication of a public street to a corporation which is 

allowerl to tax the people for the privilege of riding in thei! cars along those streets, it seems t,o me is not, in my opinion, a dedication 

to a public use, but to the use of the private incorpomtors of that 

rrulroa-d company. 

Mr. HALE, of New York. Unfortunately, lir. Speaker, the Supreme Court of the United States, and the supreme court of every 

State of the Union, has held the law to be different from what has 

been stated by the gentleman from Pennsylvania, [Mr. SPEER.] 

The SPEAKER. The Chair is inclined to be very strict in his con- struction upon all que tions of this kind ; but he does not think this 

bill is liable to the point of order; for he does not see that even by 

any germane amendment it could dispose of public property. If the . bill were subject to any germane amendment which would. appropria,te property of the Government, the Ch~ir would send it to the Committee of the Whole ; but the mere grant of the use of a public highway, which may at a.ny time be taken back, is not, in the opinion of 

the Chair, an appropriation of either pr~erty or money. Mr. COX. Suppose that an amendment should be offered to give 

these companies a part of the public grounds. 

The SPEAKER. The Chair would rule such an amendment to be 

not germane. . :Mr. HAWLEY, of Tilinois. Suppose there was a proposition to 

grant the right of way through the public_lands. 

The SPEAKER. The public lands are not dedicated as highways. 

Mr. HAWLEY, of Illinois. Their use as public highways may be 

authorized 'by act of Congress. - The SPEAKER. The streets and avenues of this District are now laid out as public highways. . :M:r: HAWLEY, of Illinois. They are used as public highways by 

the consent of the Government. Just so by the assent of the Government the public lauds out West might be used as public highways; 

but it would require an act of Congress to authorize it. 

The SPEAKER. Precisely; but by such an act property, the title 

of which i now vested in the Government and which is not devoted 

to any public use, would be given afre h to this particular purpose. 

But here we have public avenues or streets ~n which citizens may 

drive their wheeled carriages or other vehicles; and this bill propo es simply to authorize a company to use it wheeled carriages on the-se 

public highways. This is all there is in the bill. 

Mr. COX. While u ed merely as public streets, this property can always be resumed by the Government. But if this bill be passed 

that cannot be done. The Government loses the absolute fee-simple. 

Mr. HALE, of New York. My colleague is entirely mistaken. The ·sPEAKER. The l)hair cannot se.e that the position of the 

gentleman from New York [Mr. Cox] is correct. The act of Congress 

in the matter will be ubject to repeal or alteration. The Chair begs gentlemen to ob erve that he seeks to be exceedingly strict in all constructions of this kind; but he does not think it 

his province, a-s it certainly is not his wish, to be sufficiently stringent 

to make the rule an oppre sion upon the liberty of the House. The 

Chair cloes not think this bill fairly subject to the point of order, and 

therefore does not nstain the point. 

Mr. SPEER. Is it in order to move to lay the bill on the table? 

The SPEAKER. The first question in order will be upon the 

amendment reported by the committee, pending the consideration of 

which the gentleman from Pennsylvania [Mr. SPEER] moves to lay 

the bill on the table. 

Mr. SPEER. And on that motion I call the yeas and nays. 

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

not the floor to make that motion. The reading of the bill has not 

yet been concludea. I am in possession of the floor. ' . 

Mr. COX. Would it be in order to move to refer the bill to the 

Committee of the Whole¥ 

Mr. HALE, of New York. Not until the gentleman gets the :floor 

for that purpose. The SPEAKER. The bill could be sent to the Committee o:f the 

Wbole whenever it is in order to make the motion. 

.Mr. COX. I would sugge t that that would be the proper course. :hh. NEGLEY. Whlle the gentleman from New York [Mr. HALE~ 
1874. CONGRESSIONAL. RECORD. 1689 

is on the floor I wish to ask him whether the bill ha.s been submitted 

for consideration to the Secretary of the Navy or any of the officials 

connected with the Navy Department. I observe that it proposes to 

construct a bridge immediately below the navy-yard. 

Mr. HALE, of New York. 0, no; the gentleman has the wrong 

bill. This bill has nothing at all to do with naval affairs. 

The SPEAKER. Gentlemen of the House will observe another con- struction which it may be well to remember. Ever since the third 

Friday in each month was assigned to business from the District of 

Columbia, it has been held that any bill from that committee referred 

to tlre Committee of the Whole does not go to the General Calendar, 

but that, should the House go into Committee of the Whole on that 

day, such bill should be :preferred to other measures. Therefore the 

point of order which has been raised would not, even if sustained, 

accomplish the purpo e which gentlemen doubtless contemplate~ 

sending the bill to the General Calendar. Such has not been the con- struction in regard to District business. The Committ.ee on the District of Columbia being confined to the third Friday of each month, 

it is the established ruling that a bill reported from that committee, 

and liable to a point of order that would send it to the Committee of 

the 'Vhole, will, when the House resolves itself into Committee of the 

Whole on that day, be preferred to all other bills. :Mr. HAWLEY, of Illinois. Then, Mr. Speaker, I hope the gentle- man from New York will be allowed to proceed with this bilL 

The SPEAKER. It will be seen, therefore, that the sending of a District bill on the third Friday in the month to the Committee of 

the Whole does not involve nearly so much as is ordinarily involved 

in sending a ·bill to the Committee of the Whole. The ruling now stated by the Chair has been the uniform construction for three years. 

The reading of the bill having been interrupted by the point of · order made by the gentleman from New York, the Clerk will now 

resume the reading. 

The Clerk resumed the reading of the bill, but wa interrupted by 

Mr. HALE, of New York, who said: The Clerk is not reading the 

bill correctly: 

The SPEAKER. The Chair will remark that the bill is in very 

excellent condition to faciliate the making of mistakes in regard to it. 

Mr. COX. Then it ought to be recommitted. :Mr. HALE, of New York. I will state that the bill was presented 

in its present shape upon the approval of the principal reading clerk 

of the House, whom I considered it safe to follow in such a matter. 

The SPEAKER. The Chair, if he had been consulted, would have 

given different advice. 

:Mr. HALE, of New York. I would have been happy to consult the 

Chair instead of the clerk if I had had an opportunity. The Clerk was reading section 7 instead of section 6. . The Clerk resumed and concluded the rea-ding of the bill; which was as follows: . . 

Be it enacted by the Senate and House of Representatives of the United States of America in Gongress a.ssembled, That Joseph Williams, William J. Murtagh, Hallet Kilbourn, Benjamin F . Fnller,WilliamJ. Cowing, Samuel R. Boncl, William Saunders~ 

George W. Goodall, George A . Mcllhenny, L, A . Bartlett, and L. H. Chandler, ana their a-ssociates andru;signs, be, and they are hereby, created a body-corporate, under the name of the Capitol, North OStreet and South Washington RailwayUompany, 

with authority to construct and la:y; down a single or double track rail way, with the necessary switches and turnouts, in the city of Washington, in the District of Colum· 

bia., through and along the following streets and avenues: commencing on First street west, in front o:f the Capitol grounds, and running thence due north along said First street west to Mn.ssachnsetts avenue, thence northwest along said ave. nne to Third street west, thence along Third street west to its intersection with New Jersey avenue, thence northwest along New Jer ey avenue to 0 street north, thence along 0 street north to Twelfth street west, thence south along Twelfth street west to E street north, thence west along E street north to Fourteenth street west, thence south on Fourteenth street west to Ohio avenue, thence along said avenue to its intersection with Twelfth street we.'lt, thence south along said Twelfth street west to Virginia avenue, thence sontheastalo~g Virginia avenue to its intersec- tion with:)\Iarylandavenne, thence northeast along .ru.a.ryland avenue to First Street west, the place of be~", with the right to run pnb'iic carriarres thereon, drawn 

by horse. power, rece1ving t'fi:erefor a. rate of fare not exceeding fi've cents a passen· ger for any ~tance on said road, from its beginning to its terminus on First street west: Provtded, That wherever the forgoing route may coincide with the route of any other duly-incorporated streeirrailroad company in the District, or connect por· . tions of said r<?nte, but one set of tra{:ks shall be used b_y both companies, who are hereby anthonzed and empowered to use such tracks ill common, upon such fair and equitable terms as may be agreed upon by said companies, and in the event of the smd companies failing t.o agree upon satisfactQry terms, either of said compa- nies may apply by petition to the supreme court of the District of Columbia, which shall provide for proper notice to, and hearing of, all parties interested, and shall have power to determine the t erms and conditions upon and under which the com· p:my hereby ~COrJ>Omted shall be entitled so to use and enjoy the track of such otl?-er street-railroad company, and the amount and manner of compensation to be p:ud therefor: And promdedjurther, That either of the companies using suoh track ill common shall be permitted to make the t:ra{:k so nserl a depot or "eneral stop. 

ping· place tQ await passengers, but shall only be entitled to use the 0same for the ordinary pas ing of their cars, with the ordinary halts, and for the tiling up and dropping of passengers. . SEc. 2. The .road of. said company, w}.th all its property and franchises, shall be liablo to. t:l.xation as 18 or may be proVIdecl by the general laws of the District of 

g,~~~;li~~!h::a. ~~ ~e:Z!~~es shall be subject to the provisions of such 

SEc. 3. ~hat th~ said railway shall be laid as near the center of the streets and avenues ill the Clty of Wa hington as practicable (without interfering with or passing ?ver, the _wate~ or gas pi!_)es) in the most approved manner adapted to street railways, W1th mils of the most approved pattern, to be determined by the board of pnolic works, laid upon an even surface with the pavement of the streets and avenues; and the space between the two tracks (where two are laid) shall not be- less than f<;-ur ee~~ no! more thrm six feet in width, ~d the carriages shall not ~~t!~~s~~~~ feet m w1dth, the gauge to correspond W1th that of the Cohunbia 

8Ec. ·l. That tho said corporation hereby created shall be bound to keep said 

tracks, and a space of two feet beyond the outer rails thereof, and also t.he space between the tracks, at all times well paved and in good order, in such manner anrl with such material as may be ilirected by the board of public works, without ex· pense tQ tl1e United States or the said city. · SEC. 5. That nothing in this act shall prevent the .Go-vernment at any time. at its option, from altering the grade, or otherwise improving all avenues and streets occupied by said road, or the . aid District from so altering and imp;romng such streets anti avenues and the sewerage thereof, as may be under therr respective 

authority and control; and in such event it shall be the duty of said company to change their said railway so as to conform to such grade a.ncl pavement. SEc. 6. That this act may at any time be altered, amended., or repealed, by the Congre of the United tates. SEc. 7. That nothing in this act shall be so construed as to !lnthorize said bodycorporate to issue any note, token, or uevice, scrip, or other evidence of debt, to be used as currency. SEc. B. That the capital stock of said company shall not be less than $200,000, nor more than 500,000, and that the stock shall be dimded into shares of fifty dollars each, and shall be deemed personal property, transferable in such manner as the by-laws of said company may direct. SEC. 9. That the said company shall place:firsircla-ss c:.u-s on said railway, with all the modern improvements, for the convenience and comfort of passenuers and shall run cars thereon during the day, :md as late at night a.S ten o'clock, and :i.s often a.s every fifteen minutes. SEC. 10. That the said company shall provide such passenger rooms, offices, sta- bles, and depots at such points as the busine s of the road and the convenience of the public may require ; and said company is hereby authorized to lay such mils tlrrough transverse streets or avenues as may be necessary for counectin~ the said stables, depots, and office with the main tracks; and the said company 1s hereby authorized to purchase or lease such lands or buildings as may be necessary for the passenger rooms, ticket offices, stable , and depots auove named. SEC. 11. That all articles of value that may be inadvertently left in anv of the cars or other vehicles of said company, shall be taken to its principal depot and entererl in a book of record. of unclaimed goods, which book shall be open to the inspection of the public at all reasonable hours. SEC. 12. That within thirty days after the passage and approval of this act the corporator~ Jl!lllled in the fir~t section, or a :maJority of them, or_if ~ny refuse to act, then a ma.Jonty of the remamder, shall cause books of snbscnption to the capital stock of said company to be opened, and kept open, in some convenient and accessi- ble place or places in the citv of Washington, for a. period to be fixed by said cor- porat.ors, not le s than two days; and saiu corporators shall give public notice, by 

advertisement in not less than two daily papers published in the city of Washinj- ton1 of the time when and the place where said books shall be opened, and suo- scrlbers upon said books to the capital stock of the company shall be heltl to be stockholders: Provided, That no one individual shall be allowed to subscribe for more than two hundred shares of said stock : Pro~ided furtlte-r, That every sub- scriber shall pay, at the time of subscribing, 10 per cent. of the amount by him snbscribec~ to the trea-surer of said company, or his subscription shall be mill and void. Ann when the books of subscription to the capital stock of said company shall be closed, the corporators named in the first section, or a majority of them and in case any of them refuse to act, then a majority of the remainder, shall wi~ ten days thereafter call the first meetinu of the stockholders of said company, to meet within ten days thereafter, for the c'hoice of seven directors, of which public notice shall be given for three days in not less than two newspapers published daily in the city of Washington, or by written or printed personal notice to each stockholder by the secretary or clerk of the said corporation. And in all meetings of the stock- holders each share shall entitle the holder to one vote, to be given ill person or by proxy. SEC. 13. That the government and direction of the affairs of t.he company shnU be vested in a board of directors, seven in number, who shall be ~Qckholders and who shall hold their office for one year, or until others are duly elected and quali- fied to take their places ru; directors. And the said directors {a. majoritv of whom shall constitute a. quorum) shall elect one of their number to be president of the board, who shall also be president of the company; and they shall also choose a 

treasurer, who shall be a stockholder, and who shall give bonds, with security to said company, in such sum as the said directors may require, for the faithful ~lis charge of his trust; and said board shall also elect a secretary,· who shall also be a stocknolder, and who shall perform such duties as usually pertain to said office. In case o~ a vacancy in the board o~ directors, by death, resignation, or otherwise, o~ any director, the vacancy occas10ned thereby shall be filled by the remaining 

directors. 

SEC. 14 .. That the dire~tors shall have full power tQ make and prescribe such by~ 

laws, rules, and regulations as they shall deem needful and proper respecting the disposition and management of the stock, property, estate, and effects of the -com- pany, not contrary to the charter, or the laws of the United States or of the District of Cc;>lnmbia: P.ro'J!ided, That the. directors of said company shali have power t;o. 

reqwre the snbscnbers to the cap1tal stock to pay the amount by them respectively 

subscribed, at such time, {after the first installment,) in such manner, and in such amounts aa they may deem proper; and if any stockholder shall refuse or neglect to pay any installment, as reqwred by a resolution of the board of directors, after reasonable notice of the same, the said board of directors may sell at public auction to the hiahest bidder, so many shares of his said stock a.s shall pay said installment' (and the "'highest bidder shall be taken to be the person who offers to purchase th~ lea t number of shares for the assessment due,) under such general re!!nlations as may be adopted in the by-laws of shld company; or said body-corpo~te may sue· and collect the same frOm any delinquent subscriber in any court of competent 

jurisdiction . SEC. 15. That there shall be an annual meeting of the stockholders for choice of directors, to be holden at ~ch time and place, under such conditions, and upon such notice, as the said company, in their by-laws, may prescribe; and said directors shall annually make a report of their doings to the stockholders in general meetin <1', 

SEc. 16. That if any person or pe-rsons silllll willfully and nnnecessa1ily obstruct :Ir 

impedethepassageofthecarsofsaid railway, or destroyorinjnrethe cars, depot, sta- tions, or other property belonging to said railway company, ih.e person or persons so offending shall forfeit and pay for each such offense the smn of ten dollars to said compan.v, to be recovered and dlsposed of as other fines and penal. tie~ in said District and shall remain liable, in ad<lition to said penalty, for any loss or damage occa: sioned by his,_ h~r, o! their act, as aforesaid; but no suit shall be brought unless commenced Within sixty days after such offense shall have been comm ittcd. SEC. 17. That unless said corporation shall commence tQ lay the said track within four months, and complete their said railway within fifteen months after the pas- sage of this act, then this act shall be null and void, and no rights whatsoever slrnll be acquired under it. SEC. 18. That no person shall be prohibited the right to travel on anv part of said road, or ~ectad from the cara thereof, for any other cause than that of'bcing drunk, disorderly~ unclean, contagiously diseased, r fusing to pay the le.,.al fare exacted or to comply with the generalre!mla.tion of the comp:my. " ' SEC. 19. That each of the stock1tolders in the said railway company shall be liable inilindnally for all the debts and liabilities of the eaid company to .in amotmt equal to the value of stock held by such stockholder. . SEc. 20. That all the provisions of the act incorporating: the Columbia Rnilwa:v C~mp:my, l'('quiring reports of expenditures, earnings, anu otherwise, shqll be n1;. 

plicable to t,ho company herein incorporated, which shall ma.ko repor!IS a~ in sa.id act reqnireu. 
' ·1690 CONGRESSIONAL RECORD. FEBRUARY 20, 

FRANK Y. COMl\fA.GERE. 

Mr. DONNAN. The gentleman from New York [Mr. HALE] has 

yiel!led to me for the purpose of calling the attention of the House 

to the action taken yestemay on motion of the gentleman from Pennsylvania, [Mr. NEGLEY,] withdrawing from the files of the House the 

papers in the case of Frank Y. Commagere, "no adverse report having 

been mado in the case." An adverse report was made two weeks 

since by the Committee on Military Affairs, and on its recommendation the petition was laid upon the table. 

I move to reconsider the vote by which permission was granted for 

the withdrawal of the papers. 

Mr. NEGLEY. I make no objection to the gentleman's motion to 

reconsiuer. I was not aware of tho fact there had been any au verse report in the case. I made it at the n: quest and solicitation of the 

gentleman interested. · 

The motion was agreed to; and the House then refused to grant permission for the withdrawal of the papers in the case of Frank Y. 

Commagere, an adverse report having been made on it. 

INCORPORATION OF A STREET RAILWAY. 

Mr. HALE, of New York. Mr. Speaker, this bill provides for the 

incorporation of a street railroad company, with permission to lay a track be(J'inning at the east front of the Capitol. 

. 1\lr. BUTLER, of Ma sachusetts. Does not the point of order lie 

against this bill f 

The SPEAKER. It does not. 

Mr. HALE, of New York. It is for the incorporation of a street 

rail wa-y, with permission to lay a track beginning on First street ea-st, 

in front of the Capitol, running up from there, on First street, northerly to Massachusetts avenue, then through Massachusetts avenue to Third street north, by Third street to 0, through 0 westerly to 

Twelfth, south to Twelfth, with a detour to Fourteenth by Mary bnd avenue and Virginia avenue on the Island, and back by Virginia avenue and Maryl:.md avenue to First street again. 

The bill is upon the file of members. It is an early bill. The com- mittee reported amendments, twelve in number, which I will state 

briefly. 

The first and second are merely slight alterations of the route, the 

first carrying it to Massachusetts avenue, and the second inserting au omissio1;1 caused by a clericaJ error. 

The t.hird changes the mte of fare proposed by the original bill 

from six to five conts. 

'rhe fourth amendment is in rega,rd to the use by this road and 

other roads, which may have short distances to pass over on a part 

of the same street by a single track, or a pair of tracks, by arrangement between the companies or by judicial action. 

The second ection, as printed in the bill, is stricken out and another 

subs,tituted for it, making all t_he property of the company, including 

not only its tracks but its personal property and its franchises, subject 

to taxation under the laws of the District of Columbia. · The sixth amendment strikes out in the first section, "the engineer 

in charge of public bniluings to determine the character of the rails 

and the style of construction;" andi;efers that·quest:ion to the board 

of public works, requiring the road to be built in the most approved manner adapted to street railways, and the rails to be of the most 

cpproved pattern, under the direction of the board of public works. 

The seventh amendment to the fourth section provides the space 

between the tracks shall be kept well paved and in good order, in ~uch a manner and with such materiaJ. as may be provided by the 

board of public works. 

The eighth amendment strikes out the sixteenth section. It seems to the committee not to be desimble legi...slation. 

The ninth amendment strikes out the first two lings of the seven- teenth section, providing the company shall for all time have the 

free and uninterrupted use of the railway. 

The tenth and eleventh amendments, in section 18, require the com- pany to commence the construction of the road 'vithin four months, · and to complete it within sixteen months after the passage of this 

act. 

The twelfth amendment strikes out all of the twenty-second section, 

which is a general repealing clause of all acts inconsistent with this. 

I havo only to say, :1\Ir. Speaker, the committee, through its subcommittee, carefully examined and went over the ground of this road, 

and came to the conclusion, I think unanimously, it was a desirable 

road and ought to be constructed for the interest ru;td convenience of 

the public. I believe the committee have guarded it in all respects by 

provisions protecting the public interests in reference to the control 

of the road and as to the liability of the stockholders, and in everything else pertaining to the public interest. If any gentleman desire 

to make further inquiry in regard to the provisions of the bill, I will 

be happy to answer him. If not, I will demand the previous question, and move that the bill be put on its pa sage. 

Mr. SPEER. It seems to me extraordinary on the part of this com- mittee to rush through a bill with so many amendments;which have ' not been 11ririted. 

Mr. WILLARD, of Vermont. I should like to ask the gentleman from New York whether there is anything in the bill to prevent Congres reafter providing for the reduction of the fare below five cents? 

?!fT. HA.LE1 of Now York. I have no doubt whatever that Congress 

will have the right to reduce the rate of fare on this roa.d to any 

amount it may see fit. 

.Mr. CLYMER. Will the gentleman from New York permit me to 

offer an amendment¥ 

Mr. HA.LE, of New York. I wiJl hear it read. 

Mr. CLYMER. I move the following amendment. 

The Clerk readas follows : 

Add to the first section the following: 

And providedfttrther, That in all the streotsandavennesalongnnd throu.,.h -which 

the said roatl is located and built, it shall be the duty of the said compruiy n.t its own costs and charges, to keep the same within and along the tra:cks so Iaiu in like 

order and repair as such streets and avenues were before the construction of said road. 

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

CLYMER,] if he will examine the amendments proposed by the' com- mittee, will ti.nd that they cover completely the grounll embraced 

in the amendment he desires to offer. They require, in regard to the 

tntcks and for two feet outside the tracks, and between the tracks 

and between the two sets of tracks, that they shall be kept properly 

paved, and in such manner and with such material aa shall be approved by the board of public works. 

~1r. CLYMER.. I was only induced to prepare hmTiedly the amendment I have read because, not beingprintecl,itwasimpo sibletoknow 

what the ~men~ents of the committee con~ained .. I reaHy wol'Jd 

appeal to my friend from New York to perm1t the bill, with amenu- ment , to be printed. A. public bill would not be allowed to pa s without e~g ~rinted, ~o. that every on~ might. have a;u opportunity of 

exammmg Its proVISlOns. And I think a pnvate bill, so materially 

affecting private rights in this District, should be printed, that e ery one may hn.ve an opportunity of understanding what it contains. 

Mr. HALE, of New York. The bill itself is printed and the amendments are on the table. 

Mr. CLYMER. - I withdraw my amenclment. 

Mr. HALE, of New York. The bill, as I have said, is printed . The 

amenclments proposed by the committee were not perfected until this 

morning, and it was impo sibleforthe committee tohavethem printed. 

I have Ullclertaken to state to the House as carefully as po sible their 

provisions, and they have been read, and I do not think there is anything in them which should require the deferring of this bill, which 

will be the defening of it for a month at least. 

The amendments are all made in the direction of protection to tho 

public. Ancl so far as the matters which they bring up are conccrnecl, 

I think they are everything which can be desired. 

1l1r. COX. I would like to have the attention of the House for one moment, but on account of the noise which prevails I cannot even hear myself talk. 

The SPEAKER. The House will come to order. 

Mr. COX. I was about to state one reason why this bill ought to 

be recommitted. -The gentleman says the original bill was printed. 

So it was. I got the printed bill this morning. The gentlemen along 

the route who were interested in this bill had the print d bill also. 

That bill has been amended since I saw it this morning, by the action 

of the committee. It has been vitally amended so a to change the 

tracks and to change many of the provisions. Perhaps it is a better bill. Perhaps it guards the public intere t better. But the amendments are not printed so a to let lis know whether it do s so or not. 

As this involves the giving away of the public prop rly, and forever 

in one ense, it involve a new system of street railway here. It 

brings up discussions which can just as well be postponed as not foi' one month at least, and I hope my distinguished colleague will not 

m·(J'e this bill on Congress at this time, when we are not preparecl to 

under tand the routes proposed by the amendments or anything about 

it except from the explanation which the gentleman haa given us, 

and to which the House could not pay attention in its present conclition. I will therefore move, if the gentleman will allow me, to re- commit this bill to the committee. • 1l1r. HA.LE, of New York. Not just now . . Mr. COX. I reserve that motion. 

Mr. HA.LE, of New York. My colleague insists that the 'lJllendments to this bill change substantially the route of the road. They 

change it for four blocks, sending it. four blocks farther up First 

street, whicJ1 it then leaves at Ma-ssachusetts avenue instead of leaving First street on Indiana avenue. It is to go up First street for 

that di tance instead of Third street. A.nd that change was m~Hle 

with the express a ent and approval of the partie interested, who 

desired that the roa<(} should not go through Third street. · Mr. SPEER. I desire to ask the gentleman if the re iuents nJ.ong 

tho line of the route to which the change is made aml the propertyholders along that line are aware that we are asked to pass a. bill 

affecting their interests. 

Mr. HALE, of New York. I do not know whether they know of 

it or not. But I will say that there are no property-holders there 

Jikely to object; for it doe not run through a street of residences, 

but through a street containing shops, warehouses, aml the like. I 

think that without doubt they_ will all be favornble to it. 

l\Ir. COX. Will the gentleman allow me to have an amendment 

reacl? 

Mr. HALE, of New York. Ceitainly. . 

Mr. COX. I desire to offer as an adtlitional section to t.hc bill tho 

following: 
1874. .CONGRESSIONAL RECORD. 1691 

The Clerk read as follows: 

SEc. -. That the said company shall, before t-hey commence to lay their tracl,s, pay to the property-ownero on tbe saill st.reets their proportionable sb.a.re of the vt~ne 

of tho woou or other pavements along 1.he said track, and for two f eet on each Slue, 

whkh has beon assossed against the said property-owners aml paid by them. 

Mr. HALE, of New York. I decline to yield for that amenclment. 

I\h·. COX. Will my colleague allow me to explain it'l 

Mr. HALE, of New York. Certainly. 

Mr. COX. It is very well known that in this city there have been 

large a.ssessments made on property-holders for relaying the pave- ·ments. 

The SPEAKER. Does the gentleman from New York [Mr. HALE] 

allow tho amendment of his colleague to be offered f 

]')fr. HALE, of New York. I do not. 

Mr. COX. Then I cannot discuss it. 

Mr. HALE, of New York. I now move the previous question on the bill and amendments. ~fr. SPEER. Pending that question, I move that the bill be laid on the table ; and on that motion I call for the yeas and nays. . The yeas and nays were not ordered, only 3 voting in the affirmative; 

not a sufficient number. 

The question was taken on the motion to lay the bill ou the table; 

and urwn a division there were-ayes 47, noes 53; no quorum voting. 

Tellers were ordered; and Mr. HALE of New York, and Mr. SP.EER were appointed. • The House again divided; and the tellers reported that there were ayes 49, noes not count{}d. 

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

Mr. COX. I move that this bill be recommitted and printed. 

The SPEAKER. Pending the ca.Il for the pre~us question, the 

only motion in order in relation to the bill is a motion to lay on the 

table, which the House has just negatived. · _ The previous question was then seconded, and the main question 

ordered; and under the operation thereof th£> bill wa.s ordered to be 

engrossed and read n, third time; and being engrossed, it wa.s accordin,gly read the third time. The question was on the passage of the bill. · · J.ll'. SPEER. On that question I call for the yeas and nays. 

The yeas and nn.ys were ordered. 

The question was ta'ken; and there were-yeas 112, nays 88, not 

voting 90; as follows: 

YEAS-Messrs. Albert, Archer, Barrera, Begole, Bradley, Burleigh, C=on, 

Ca on, Clements, Clinton L. Cobb, Stephen A. Cobb, Con~er, Corwin, Cott{)n, Crocker, 

Crooke, Donnan, Dunnell, Eames, Eldredge1 Farwell, Field, Frye, Gooch, Gnnckel, 

Eugene llale, Robert S. Hale, Harmer, Hai-r1son, J'ia,thorn, Havens, John B. Hawley, Jo. eph R. Hawley, Gerry W. Hazelton, John W. Hazelton, Hendee, E. Rockwood 

lloar, Gem·f!'e F.fioar, Hooper Hoskins, Houghton, Howe, Hubbell, Hunter, Hun- ton, llm·lbut, Hyde, Hynes, Jewett, Kelley, Knapp, Lamison, Lamport., Leach, 

Le"';s Loftaml, Lynch, Martin Maynard, .Alexander S. McDill, MacDougall, Mon- roe, Myers, Niblack, Orth, Pack'l.rd, Isaac C. PaJ·ker, Parsons, Pelham, Perry, Pike, James ll. Platt, .it·., Thomas C. Platt, Poland, Ransier, Ray, Rice, Richmond, Ellis 

ll. P..oberts, James W. Robinson Sawyer, Henry B. Sayler, Milton Sayler, Scofielrl, 

llenry J. Scurlder, Isaac W. Scudder, Sener, Sessions, Sherwood, Sloss, Small, Smart, 

A. Ticrr Smith, H. Boardman Smith, J! Ambler Smith, William A. Smith, St-arkweather, Stone. Thomas, Thornburgh, Todd, Tyner, Waldron, Wallace, Jasper D. War<l, W ells, \Vhoeler, White, Wilber, John M. S. Williams, William Williams, 

ruul \Voodworth-112. N AYS-Mcssrs. Arthur, Ashe, Atkins, Banning, Bock, Biery, ' Bland, Blount, 

Bowe-n, Brig:ht., Bromberg, Brown, Buffinton, Burchard, Burrows, "'Benjamin F. But- ler, Caldwell, Cessna, Jolm B. Clar~J jr., Clymer, Coburn, Cook, Cox, Crittenden, 

Crossland, Crntchfield, namord, Alexand(lr M. Davis, John J. Davis, Durham, 

Fort, :Foster, Freeman, Giddings, Glover, Hamilton, Hancock, Henry R. Harris, 

Hatcher. Hereford, Herndon, HOiiD.an, Killinger, Lawrence, Lawso~fl~rgee, James W. McDill, McJnnkin, McLean, McNulta, Mellish, Merriam, · en, Neal, · O'B1;en, Packer, Page, Hosea W. Parker, Phelps, Potter, Pratt, Rainey, Randall, 

lwbbins, William R. Roberts, John G. Schumaker, Shanks, Sheats, Lazarus D. Sho maker, John Q. Smith, Southard, Speer, Storm, Strait, Strawbridge, Swann, 

To\vusend.J... Vance, Waddell, Wh.itehearl, \Vhitthorne, William B. Williams, Willie, 

Ephraim .JL Wilson, James Wilson, Wood, John D. Young, :md Pierce M. B. Youn~-88. 

NOT VOTING-Messrs. Adams, Albright, Averill, Barber, Barnum, Barry, Bass; 

:Bell, Berry, Buckner, Bundy, Roderick R. Bntler, Cain, Amos Clark, jr., Freeman Clarke, Clayt{)n, Comin_go, Creamer, Crounse, Curtis, Darrall, Dawes, De Witt, 

Dobbins, Duell, Eden, Elliott, Garfield, Hagans, Benjamin W. Harris, John T. Har- .ris, Havs, llersey, Hodges, K.a son, Kellogg, Kendall, Lamar, Lansing, Longhrillge, Lowe, Lowndes, Luttrell, Ma.rshaU, McCrary, McKee, Mills, Mitchell, 

Moore, Morey, Morrison, Negley, Nesmith, Niles, Nunn, O'Neill, OIT, P endleton, 

Phillips, Pierce, Purman, Rapier, Rawls, Read, James C. Robinson, Ross, Rnsk, 

Sheldon, George L. Smith, Snyder, Sprague, St3nard, Standeforcl, Stephens, St. John, 

Stowell, Sypher, Taylor, Trem.ain, Walls, Marcus L. Ward, Whitehouse, Whiteley, Charles W. Willard, George Willard, Charles G. Williams, Wilshire, Jeremiah M. 

Wilson, Wolfe, and W oodford-90. 

So the bill wa.s passed. 

Mr. HARRIS, of Geor~ia. I desire to state tkat my colleague, ]')h. 

BELL, is detained from the House by sickness. 

ANACOSTIA AND POTOl\IAC RAILROAD. 

:Mr. HALE, of New York, from the Committee on the District of Colum bia, reported a bill (H. R. No. 2103) ~iving the approval and sanction 

of Congress to the 1·oute ·and termim of the Anacostia and Potomac River H.ailroad, ami to regulate its construction and operation; which was read a first aml second time, referred to the Committee of the 

Whole_ on tho state of the Union, and ordered to be printed. _ 

W ASHL~GTO:N CITY A.\'D PO~ T LOOKOUT RAILROAD. 

Mr. RICE, from the Committee on the District of Columbia, reported back, with n, recommendation that the same do paas, the bill (H. R. No. 

2075)supplem ntarytotheactentitled "Ana.ctto authorize the Washington City and Po~t Lookout Railroa<l Company to extend a railroad into and within the District of Columbia," approvecl January 

22, H:i73. 

Tho question was upon ordering the bill to be engrossed ancl read a third time. ,. The Clerk read the oill as follows : 

Be it enacted by the &nat.e and 'HotWJe of .Representatit•es of the United States oj America in Congress assembled, That the Washin2ton City amt Point Lookout 

Railroad Company, which, hytheact of Congress entitled "An act to authorize the 

Washington City and Point Lookout P..'l.ilroad Company to extend a ra-ilroad into 

and within the District of Columbia," avproved Jan nary 22, 1873, was authorized to construct their railroad within saicl DIStrict, may enter the city of Washington 

with their saill railroad, :md construct tho same within the limits of the said city on and by the following rout-e: Beginning at a point on the line of said railroad 

e<tstof the Eastern Branch of the Potomac River; thence to the saitlEastern Branch, 

and crossing the same by a suitable bridge ancl causeway, so as not to obstruct navigation, ente1in~ the city of Washinff_ton south of 0 street south, and east of J:uneiJ 

Creek; thence w, along, and across .James Creek, at or near its intersection with 0 street south; thence in a northerly and westerly direction to a point near the south- ern terminus of Eighth street west; thence along or near the bank of the Potomac River to a point near the southern terminilll of Fourteenth s~eet southwest; 

thence westwardly, south of the public grounds, to a point near tho southern terminus 

of Fifteenth street southwest; thence northwestwardly, south of the public grounds, to some point:1t or near the bank of the Chesapeake and Ohio Cana ; thence along or near said bank to the junction of Rock Creek with the Potomac River; thence 

westwardly or northwestwardly, by the most eligible route, to a point near the north- ern terminus of the aqueduct bridge in the city of Georgetown; thence to the north- western boundary between the District of Columbia and the State of Mary laud, 

with the authority to construct a bridge across the Potomac River, above na.n~ation; and the said Washington City and Point Lookout Railroad Company is hereoy 

authorized to construct a iailroad within the District of Columbia and outside the 

limits of the city of Washington, from itl'l roall to suitable points on the hranches of the Baltimore and 6hio Railroau: Provided, That the track of said railroad shall not be la.ill 

within such a distance of the Naval Observatory as to disturb the operations there 

conductecl: And provided }ttrther, That the bridge or causeway across the Eastern Branch hereinbefore provided for shall not, nor shall any part thereof, be con· strncted until complete plans and writt-en specifications shall be first submitt.ed to the Secretary of the Navy, and be approved by him in writing, and a duplicate of 

snch plans, specifications, and approval shall be filet! in the office of said Secretary; 

aml at any time before, during, or after the construction of sueh bridge, the Secretary of the Navy, if, in his judgment, such· bridge as built, or as proposed t{) be 

built by such plans and specifications, shall prove, or be likely to provo, a substantial obstruction to the navigation of the. sai(l Eastern Branch, may.reqnire any alteration or modification of such plans o:r specifications, or of such bridge when 

built, to obviate such obstructions, which alterations or modifications shall be there- upon made by said company, its successors or assigns, at its and their sole expense:· And provided fm·thcr, That no part of said road through or in the DiRtrict of 

Columbia, including the bridge across the Potomac Rive:~ shall be constructed, in 

whole or in part, except upon a specific location within me ~rovisions of this act~ 

and upon plans jl.lld specifications in writing, to be approved m writing by the Secretary of War, ab.d a duplicate of ~ch location, plans, specifications, and approval 

shall"be filed in the office of saiu Secretary: .Andprovidedfurthe'l·, That no gratlin.-r 

shall be done or rails laid uy the said Washington City aml Point Lookout Raif. 

roall Company, in the city of Washington, until it shall have graded and tied the 

entire line of it~ railroad from a point on the Baltimore anrl Potomac Railroad, at or near Brandy'\\'ine City, in Prince Geor~e's County, Maryland, to a point on tho 

ruilroad now constructed by the Wa • .,hington City and Point Lookout Railro::ul 

Company, va~-tly within the county of Prince George's, and partly within the District 

of Columbia: .Andprovidedfu1·ther, That in the contempla.ted improvement of tbe 

harhor of Washington City, as recommen~led b,v a board of survey ereatetl b.v act of 

Congress approved March 5, 1872, the sa1d r:ulroa{l company may be required to transfer its tracks to, or L'l.y the samo alon", such streets and avenues embraced in 

such improvement as shall be directerl by the authorities in cl1arge of such improve- mont: And provided further, That all right.s granted to said Washington City aml 

Point Lookout Railroad Company by thiS act shall cease and determine nnleRs Raid company shall complete its roa{l from a point at- or near Brandywine City, Prince Georg~'s County, MaryL'l.lld, to the city of Washington, within two years from the 

1st day of July, 1874. 

SEc. 2. That in all cases where the pa.rty or parties claimant shall appeal t-<> the supreme conrt of the District of Columbia, under the provisions of section 3of the act entitled "An act to authorize the Was~~n City aml Point Lookout Railroad Com- pany t;{) extend a railroad into and witnin the Dishict of Columbia.," approved 

January 2":2, 1873, the said company, if i~ shall require the immediat-e use of the 

property condemned and valued as afores:ud, before :m appeal can be heard or decided, may execute and tender a bond to the party or parties aforesl\id, in at least uouble 

the sum found by the jury, with sureties to be approved by the supremo court of 

said District, and with a condition to pay, wi thont delay, such sum and costs as may be awarded by the said court; and upon the delivery or tender of such bond, the saiCl company may proceed to the construction of their said road as if the party or partiCIJ 

cL'l.imant and the said company had agreed upon tho compensation t{) be paiclfor the 

property to be used ; and that' in all ca..,es where the said company shall appeal, and 

give bond a.s provided in said section 3 of said act, they may have the power to pro- ceed in the construction of their road and ap1)ropliation of th property for the uses thereof as if no appeal had been taken and the parties had agreed upon the com- pensation for the property required. 

SEc. 3. That this act may be modified, amended, or repealed by Congress at any time. . 

Mr. NEGLEY. I raise the point of orderthatthis bill contemplates . the use and occupancy of public property other than streets, and also 

that it proposes the construction of a bridge across the Eastern 

Branch, below the navy-yard, and therefore it should receive its first 

consideration in Committee of the Whole. · Mr. RICE. If the point of order is made against this bill, it must 

be upon the same principle .that the point of order wa.s made against 

the bill under consideration a short time ago. 

The SPEAKER. The Chair thinks there is an essential difference 

between the two bills. The bill against which the point of order was mised by the gentleman from New York [Mr. Cox] gave to a certain horse-railway company the right to go through public streets 

already dedicated to public use. This bill gives the right to a railroad· company to go through ancl over a, part of the public lands of 

the United States within tho District of Columbi:t set apart for park 

purposes. 

Mr. CHIPMAN. I think the Chair is in error. The Jangnage qf 

the bill is that the road shall go "south of tho public grounds." 

Mr. HAZELTON, of Wi con in. Does it not give the right to con- struct a britlge across a, navign.ble stream T 
1692 CONGRESSIONAL RECORD. FEBRUARY 20, 

The SPEAKER. The Chair wishes also to call the attention of the 

House to this fact: the law of amendment is one of the severest tests 

that can be applied to a bill. The Chair observes that on the third 

page of this bill, after describing t4e route o~ this railroad, there is 

the following proviso : 

Provided. That the tracks of the said railroad shall not be laid within such a dis· tance of the Naval Observatory as to disturb the operations there conducted. 

Now, suppose the House should strike out that proviso; this com- pany would then be at liberty to carry its track under the very eaves 

of the observatory building. 

Mr. CHIP1\1AN. The Speaker will allow me to say that the provision of which the language quoted is a part prohibits the company 

from entering or encroaching upon the public grounds. And the bill 

also secures the instruments of the observatory from the vibrations 

which would take place if the road ran along the solid ground; in 

other words, the road is required to be built upon piles so as not to 

disturb the operations of the observatory, the instruments of which are in many cases very delicate. , Mr. NEGLEY. If the gentleman's statement is correct, then this 

company would nse a portion of the present harbor facilities. 

Mr. CHIPMAN. The city of Washington has no harbor. I hope 

Congress will assist it to ha;v:e one at some tim~. There certaiJ?ly ~s 

no harbor in front of Wa-shington now, but srmply a fiat, which IS 

inundated daily with the movements of the tide. 

Mr. HAZELTON, of Wisconsin. Is not a part of the grant the right 

to construct a bridge f 

The SPEAKER. In the opinion of the Chair it gives distinctly a right to construct two bridges. 

Mr. CHIPMAN. Undoubtedly that is the fact. 

The SPEAKER. And to use the public grounds for that purpose. 

Mr. CHIPl\fAli{. No, sir. The public grounds do not abut upon 

the river where il; is proposed this bridge shall cross. If in granting 

the mere right to eros~ in the air over a navigable stream the Government yields property, I suppose the point of the gentleman from 

'Visconsin is a good one ; but I do not think that the right to con- struct a bridge IS liable to that objection. 

The SPEAKER. Do not the· public grounds reach the Potomac at 

the point in question 7 

Mr. CHIPMAN. They do not at the point where it iS proposed 

this bridge shall cross the Eastern Bral\,ch. • The SPEAKER. The Chair does not desire to be overstrict upon 

questions of this kind, for he would regret to bring the rule into odium 

by unnecessary stringency of construction. · Mr. CHIPMAN. I do not think the bill is objectionable .in any 

feature. It is one which certainly ought to be passed at some time. 

Mr. RICE. I hope the point of order may be withdrawn that I may 

say a few words about this railroad. 

Mr. NEGLEY. If the gentleman so desires, I am willing to reserve the ·point of order until he shall have spoken. 

Mr. RICE. Mr. Speaker, it is quite surprising to me to witnees on this occasion so much opposition in this Honse to the building of a railway ·in a city which so much needs railroad facilities-a railway, 

too, which is calculated to subserve the best interests of so many citi- zens. Whatever may be the reU8on, the fact is before Ui that the 

enterprise meets with. opposition. 

It is proposed to build this railroad from the northwestern line of 

the District of Columbia, through the District and through the State 

of Maryland, between the -Potoma.c River and the Chesapeake Bay, 

down to the mouth of the Potomac. On the northwestern line of the 

District it will connect with the Baltimore and Ohio Railroad, so a-s to facilitate the transportation of coal, (which is expected to be a 

matter of great convenience and profit to the people,) by means of a connection with .Point Lookout, where it is proposed to establish a . port for the shipment of coal to the West Indies, to South America, 

and to any other place where the people may be disposed to buy it. 

It is expected that a large trade may thus be built up. Thus this 

road is calcula,t-ed to be a great advantage to the citizens of this 

District. 

This railroad company has had some conflict with another milroad 

company called the Southern Maryla.nd Railroad Company. Those 

two companies had the right of way through the State of Maryland 

down to Point Lookout. When they both went to work, and were satisfied each was in earnest, they st,opped the work, met together, 

and entered into a contract vJ.th each other, by which the Southern 

Maryland Railroad was to build its r!.ilroad from the mouth of the 

Po'tomac River to Brandywine-I think about sixty-six miles, but I am not sure of distances-and that this road to Point Lookout should 

build it from Brandywine into the city of Washington. 

Now, during the time this was being discussed the bill was printed 

and la.id before the committee; and as far as I know the committee 

were unanimous in reporting this bill. It has been carefully ex- amined; they fully believe no injury will be done to the Sout.hern 

Mary land Railroad by the passage of this bill. They believe it is es- sentially right and for the benefit of all classes of the people. The construction of the road is so guarded that no private interest can ue iujured. The bridge across the Eastern Branch of the Potomac, which 

is, I believe, cn.lled the Anacostia River, is to be built under the super- vision and subject to the approval of the Secretary of the Navy, and 

if found after being built to be improperly placed, it is to be c~anged 

and altered to snit the Secretary of the Navy at the expense of the 

railroad company. Where it enters the city of Washington it skirts the southern side and goes to Georgetown. The line, alt hough designated, is n.ot clearly defined, but that line is to be located by the Gov- ernment engineers under the supervison of the Secretary of War. 

When it gets above the navigation on the Potomac, it builds a bridge across the river, above navigation, subject to the approval of the Secretary of War. 

Mr. NEGLEY. Allow me to correct the gentleman. The brido-eis 

not above navigation, but it is proposed to build this bridge two hundred feet below the navy-yard in the city of Washington. 

1\:lr. RICE. I speak of the bridge which is to be built above· navigation. We are going to build two bridges if we can, although it seems hard to get one. [Laughter.] 

Mr. Speaker, this is all subject to the approval of the Secretary of 

War. There is railroad business to be done on it. All the products 

of the State of Mary land which seek market in the city of Washington would be brongJ;t here. over it, an?- all ~e GOal :r;tecessary to go Sout~ wo~d be car?~d on It. Trade IS gro~ng rap1dly. There is no pnvate mterest IDJured. The whole road IS to be built under the 

control of competent Government officers who are trusted with such 

work all the time. There is no objection which can be offered to the 

building of this railroa-d, I make bold to say, except it be that it may 

damage the jnterest of some other company. I hope there will be no point of order raised. If there are those who think it ouo-ht not to be 

done, why then vote it down. I hope I shall never be the means of 

bringing a bill into this House which is not. right, so far as I can un- derstand it. 

The SPEAKER. The Chair will say, from a full examination of the 

bill, he is of the opinion the point of order does not lie ao-ainst it. 

Mr. RICE. Then I demand the previous question, and move that 

the bill be put upon its pa-ssage. 

Mr. NEGLEY. I hope this House will not agree to. any such hasty 

proceeding. It is here contemplated in this bill to construct a bridge 

below the navy-yard upon which the Government has expended millions of dollars in buildings and for machinery. You propose to interpose by the construction of this bridge an obstruction to any commu- nication on the part of our vessels with this navy-yard. 

1\fr. RICE. Not more than two vessels go there in a month. Everybody understands that. 

:Mr. DAWES. Is it proposed to run along the water front on the 

other side of the Eastern Branch '1 

Mr. RICE. The location of the road is according to plans and 

specifications, and where it·runs through the District the location is 

left entirely to engineers of the Government, subject to the approval of the proper Department. · 

Mr. DAWES. There is a public institution on the other side, and 

I would like to know from the gentleman whether there is anything 

in this bill to prevent this railroad from cutting that institution off 

from its communication with the river. 

:Mr. RICE. It is all to be unde the control of the Government 

officers named in the bill. 

Mr. DAWES. Does not the gentleman think it will be better for ns to locate the line of the road in this bill if we are to pass it at all 7 

Mr. RICE. That may be the case, but I think engineers of the 

country are better able to locate a railroad line than we are. Mr. DAWES. There is a Government institution of great value 

owning a large tract of l.and just over the EJ'IBtern Branch, which has a wharf built there for purposes connected with the carrying on of 

that institution. If this road runs between the river and t.hat institution, as it ha-s been marked down on the maps, would it not cut off 

this entire institution from the water-front Y · • 

Mr. RICE. Does the gentleman mean the Government Asylum on the other side of the Eastern Branch! 

Mr. DAWES. Yes, sir . Mr. RICE. I do not understand that it will do so. 

Mr. DAWES. Whereabouts do you propose to cross the Branch f 

Mr. RICE. At some point between the arsenal and the navy-yard. 

Mr. DAWES. So that all ships of war that come to the navy-yard 

must pass through the draw f 

Mr. RICE. Every one must go through the draw. 

Mr. NEGLEY. I wish to call attention to another fact. There is 

here no protection for the interests of the Government. The company are permitted to build this bridge where and how they please. 

Mr. RICE. In answer to the gentleman, I willsaythatthis bridge, or this draw, is to be ubject to the approval of the Secretary of the 

Navy. 

Mr. NEGLEY. The Secretary of the Navy ha-s nothing to do with 

these matters. They belong to the Secretary of War. 

Mr. RICE. We supposed that the Secretary of the Navy, having 

to do with the Navy, would havesomethingto do with a draw-bridge 

through which its ships will have to pass. 

Mr. DA'WES. This is the first moment that I have known that it was proposed to have this bridge between the navy-yurd and the 

Potomac River. I am supposing that it is to be a draw-bridge. 

Mr. NEGLEY. The bill does not provide for a draw-bridge. 

Mr. DAWES. Then the harbor of the navy-yard will be at the mercy of the currents that may be established by the piers made for 

this bridge. · . 1\Ir. RICE. The only question ig whether railroads shall be built in 
1874. CONGRESSIONAL RECORD. 1693 

the United States. They are built so as to cross the Mississippi River, 

and so aA to cross the Ohio River; and there are consta,nt complaints 

of the loss of property occasioned by their obstructing navigation. 

But then the Congress of the United S~ates is of opinion that railroads are essential to the prosperity of the country, and accorclingly 

it gives the railroads the right to cross these rivers. Now I want to 

know w bother the railroad. shall not be permitted to cross this shallow 

piece of water, the Eastern Branch. There is scarcely ever anything but a barge that goes up that Eastern Branch unless it be the ships that 

go to the navy-yard, and for these there will be a bridge of ample 

drn,w. 

1\Ir. NEGLEY. I would like the gentleman to show me where that is. 

1\Ir. RICE. It is in the bill which has been read. 

Mr. PELHA..l\1:. The bill provides, on the third page, line 41-

That the biidrre or causeway across the Eastern Brauch, hereinbefore providecl 

for, shnJl not, no~ shnJl any part thereof, be constructecl until complete plans and 

written specifications shall be first submitted to the Secretary of the Navy and be 

npproV"Cd by hlm in writing. 

.A.nd the bill further authorizes the Secretary of the Navy, if he 

shn,ll find n,t any time afterward that the bridge proves or is likoly to 

prove a substantial obstruction to navigation, to cause it to be re- moved. · Mr. NEGLEY. I am astonished that any gentleman or any com- mittee would introduce. a. bill which places obstructions on the nn,vigation of so important a channel as this leading to the navy-yard 

without proper guards and. restrictions. · 1\Ir. RICE. I have moved the previous question, and call for a 

vote. 

Mr. GARFIELD. I de ire to ask the gentleman from Illinois [1\Ir. 

RICE] one quest,ion. Does this interfere with the grounds below the 

Executive Man ion, set apart for park purposes! 

Mr. RICE. It does not. ' 

1\Ir. NEGLEY. I desire also to state that I have consulted the officials of the Navy Dep:utment, and they seriously obj ect to the con- struction of this bridge or any interference with the channel of the 

river below the navy-yard. • :Mr. CHIPMAN. I aRk the gentleman from Illinois [Mr. RICE] to 

yield to me for a moment. 

Mr. RICE. I have agreed to yield to the chairman of the committee, 

the gentleman from New York, [Mr. HALE.] 

Mr. HALE, of New York. I desire the attention of the House for a very few moments in regard to this bill; and I trust my colleague on the committee, the gentleman from Illinois, [Mr. RICE,] will not insist on his call for the previous question until some wider limits have 

been allowed for the discussion of this matter, if anybody desires to 

discuss it. • 1\Ir. RICE. I wish to clear myself on that point. I had no desire 

myself to close debate by calling the previous question. But I had 

noticed that that was very much the fashion, and I desire to be in the 

fashion. [Laughter.] 

1\Ir. HALE, of New York. The 'Va.shington City and Point Lookout Railroad Company was organized under the laws of Maryland, to 

build a railroad from Point Lookout, on the Maryland shore, up the 

northern side of the Potomac to the city of W ashingtou. Another 

railroad, known as the Southern Maryland Railroad Company, was also 

chartered to run over a route substantially parallel with the route of 

this road. After some rivalry these two roads arrived at an arrangement, by which the Southern Maryland Company wa to build a road 

from Point Lookout up to Brandywine, Prince George's County, Maryland; while the Washington City and Point Lookout Company were to build the roacl from Brandywine here. 

By an act of Congress passed last winter, January, 1873, and to be 

fonnd in the seventeenth volume of the Statutes, page 413, the Washington City and Point Lookout Railroa_d Company were authoriz.ed to come into the District of Columbia and establish a road there. No 

provision 'was made by tlillt law for its construction within the city of 

Washington. The object of the present act is to provide for the roacl 

coming within the city of Washington, which is, of course, essential 

not only to make the road itself of any value, but to make it contribute 

in any way to the welfare or prosperity of this city. l:t is to enable 

the company to do this that the present bill is introduced. 

In order to this, one of two things must be done: either the road 

must cross the Eastem Branch at a point above the navy-yard and 

then come into the city from the north in some manner, either following the river or entering at a point llistant from the river; or it 

must ueallowed to cross at a point beluwthe navy-yard. Very grave 

n.nd serions objections, involving tho welfare of the city, were found 

to exist in regard to its coming in at a point remote fmm the river. 

The committee, after looking over the whole subject, unanimously 

agreed, I think, that if a bridge could be built below the navy-yard across the Eastern Branch which should not prejudice the interests 

of the Government, which should not interfere with the necessary 

operations of tho navy-yard, or with the navigation of that stream so far as the United States was interested in its navigation-if snob a 

bridge could be built it would be better that this company should be 

permitted to cross below the navy-yard. This bill has been drawn with 

the strongest guards that the committee by their united efforts were able to place about it, to permit the road to cross the Eastern Branch 

below the navy-yard, provided it could be done not only in such a way as not to interfere with navig:1.tion, but under the direct supervision an.d authotity in every respect of the Secretary of the Navy, 

who has to approve the plans and specifications from beginning to 

end. Not a stroke of work can be done upon that bridge until those 

plans and specifications are filed in his office with his approval. Not 

only that · the. committee did not stop there--

Mr. SCOFIELD. A. question. I believe that in all the bills we have passed permitting the construction of bridges across the Ohio, 

Mississippi, and Missouri Rivers, we ourselves have provided for the 

length of span, and the height of brillge above low-water mark, and 

then have directed the Secretary of War or the engineer of the War 

Department to see that the railroad company constructing that bridge 

diu not violate the law. This bill omits all tbat precaution, and leaves 

it for the Secretary of the Navy to say whether this bridge shall have a span of one hundred feet or of fifty feet, and how high it shall be 

above low water. The preBe<nt Secretary of theN avy is a man of great 

firmne s a.nd ability; but this bill leaves him alone to encounter one of the mot powerful railroad corporations of the country. 

1\Ir. HALE, of New York. 'fhe gentleman from Pennsylvania [Mr . 

SCOFIELD] has not yet a ked the question for which I yielded. He has 

only interjected a speech into mine which I will endeavor to answer. The committee have done precisely what the gentleman from Pennsylvania suggests they have done. Instead of putting .any limitation 

into this bill, they have done what I was stating when I was interrupted by the gentleman proposing to ask me a question. They have 

left the whole subject to the Secretary of the Navy, and for this reason: the Eastern Branch of the .Potomac is unlike the Mississippi, 

and the Ohio, and the other 1·ivers to which the gentleman from 

Pennsylvania nas referred, in respect to tije navigation upon it. There 

is no commerce there, there is no navigation there except the naYiga.tion of the United States in connection wit,h the navy-yar<l, of 

which the Secretary of the Navy is by his position theexpre sguardian 

and defender. . The committee therefore thought it better, instead of undertaking 

to prescribe these rule , that they should leave the whole matter to 

the Secretary of the Navy, the proper and appropriat,e guardian of 

the interests of the United States in this re pect; that he should 

specify the wi<lth of the draw, the height of the bridge, and everything else necessary to guard the interests of the United States before the construction of this bridge shall be entered upon. Th~ committee <lid not content them elves with that. Coming now to the point where I was when the gentleman interrupted me, I will 

say that the collllllitt~e left this not merely subject to the approval 

of the Secretary of the Navy at the be~ng, but provided that at 

a,ny time before, during, or after the building of the bridge, if it shall 

be found by experience, or deemed probable by observation, that the 

bridge is, or is likely to be, an impediment to navigation, the Secretary of the Navy through all time, whether the present excellent 

Secretary or any other, may without question require the proprieto1·s of the bridge to make precisely such alterations and mod.:itications as he may see fit to direct. The committee have left the whole matter 

in the guardianship a.nd charge of the Navy Department ; and the 

Navy Department is the only being, artificial or natural, that can be 

seriou ly affected by any improper construction of this briuge. 

Now it seems to me that in doing this the committee have certainly 

done all that it is in the power of man to do to protect the interests of 

the United Sta.tes in case this bridge is to be built there. The question whether, under any circumstances, a bridge shall be permitted 

to be built there is a question which I apprehend the committee are entirely willing to submit to the decision of the Honse. 

1\fr. HALE, of Maine. I wish to interrupt the gentleman for the 

purpo e of askin(J' a question. 

1\Ir. HALE, ~f New York. Certainly. 

Mr. HALE, of Maine. I have been told that it is projected that the 

line of this road along the water-front shall be upon piling, which 

would, of course, be directly along the river-front. Now I want to 

ask the gentleman-a.nd from his investigation he must know whether 

it is so or not-if this is true. If it be true, would it not be giving 

this company very great privileges and great control over this waterfront; and would it not end in the company becoming the owneT of 

the frontage or wharf property of this cityf That has been said t o be the plan of this company. I ask this question in good faith, because, 

if it is answered in the affirmative, it seems to me that in this gra,nt 

wemay give privilege which in the future willloom up as oppressive. 

I do not say that it is so. A. ME:tlnER. It is not. 

Mr. HALE, of 1\faine. What is the probable line that this road js 

to take, so far a-s the investigation of the gentleman from New York 

[Mr. HALE] goes f · 

Mr. CHIPMAN. With all deference to the gentleman reporting the 

blll, I ask him to permit me to answer that question . . There is now before Congress a report made by a board of very high officers, recom- mending that ultimately the river-front of Washington be the loca- tion of the depots of all railroads entering the ci~y, so that the railroad syst-em shall center upon the river-front; a.nd a rajlroad avenue has been marked out, looking to the future improvement of the 

river-front. 

Now, in reply to the gentleman from 1\faine, [Mr. HALE,] I will say 

that this bill gives only the right of way oveT ground which is every twenty-focu· hours inundated. The compa-ny will h:1.vo only the right 

to lay tracks on the piles; they will not obtain_ :1.ny ground. 
1694 CONGRESSIONAL RECORD. FEBRUARY 20, 

1\Ir. HALE, of Maine. But would not that line of piling extend in 

front of the whole shore 'f 

Mr. CHIPMAN. Of course. But this bill provides th::tt when the. improvement of the river-front shall ultimately be made, the com- pany shall remove their tracks to such place as the authorities in 

charge of the river improvement shall dictate. And- allow me to 

say that if this company should undertake, under the charter, the 

enterprise of filling up the flat in front of Washington City, it will be a "consummation devoutly to be wished." The cost of such a work 

would probably be about $9,000,000. 

Mr. HALE, of Maine. My apprehension was that a company, once locating their tracks there, could not be dispossessed. 

Mr. SPEER. I wish to ask the Delegate from the District who is 

the vic~-president of this railroad. 

Mr. CHIPMAN. I will answer the gentleman that I happen to be 

honored with that position. I will add that I have no personal interest in this road, except that, as a citizen of the District, I-desire to see it built. I am not pecuniarily interested in :my way in this enterprise. I have accepted the position simply because the compliment 

ha-s been paid to me. If there is anything wrong in the bill, let it be 

pointed out. Tbe members of the committee understood my rela.-

tions to the company, as I suppose many on the floor here did. My 

only desire is to encourage all railroacls seeking entTyto the city, and 

I believe there is no interest of the people or the Government that 

the committee has not fully protected. 

Mr. SPEER. I desire to say one word. 

Mr. HALE, of New York. I believe I have the floor. 

Mr. SPEER. In answer o -the Delegate from the District [Mr. 

CHIPl\IAN] I desire to say--

Mr. HALE, of New York. I trust the gentleman from Pennsylvania [Mr. SPEER] will not attempt to take me from the floor by force. 

Mr. SPEER. I have made no such attempt. Mr. HALE, of New York. I thought it had that appearance. 

Mr. SPEER. Does the gentleman desire to object to my making a reply to the Dele<rate from the Dist.rict¥ 

Mr. HALE, of New York. Certainly; I have not suspended my re- marks for the purpose of allowing debate between other gentlemen. 

1\Ir. SPEER. I did not know the gentleman from New Yprk was still holding the floor. I intended no discourtesy whatever to him. 

1\f.r. HALE, of New York. Mr. Speaker, the provisions of this 

bill1\Ir. SPEER. I thought the gentleman yielded to me. 1\:lr. HALE, of New York. The gentleman certainly misunderstood m e. I did not. 

Mr. SPEER. I thought you said you would if I desired. 

Mr. HALE, of New York. The gentleman misunderstood me. Mr. CHIPMAN. I hope the gentleman will yield. 

Mr. HALE, of New York. I cannot. 

Mr. SPEER. After the vice-president of this road has been permitted to make an assault on me and my motives--

Mr. HALE, of New York. I did not hear any such assault. 

1\Ir. CHIPMAN. I disclaim any intention to make any assault. 

1\:lr. HALE, of New York. If the gentleman from Pennsylvania 

desires to respond to an assa,ult which I failed to hear, I will yield to 

him for a few moments. . . 1\f.r. SPEER. Mr. Speaker, the Delegate from the District questions, it seems, the right of a Representative of the people to let the 

House know tha,t an officer of a corporation is here enlightening the 

Representatives of the people as to their duty. I intended nothing 

personal t.o the gentleman in the inquiry I made. There would have 

been no indelicacy on his part iu speaking on this question if he had 

first told the Honse the personaJ relations he occupied toward this 

company. But when the vice-president of a railroad company comes before the Congress of the Unit-ed States· a-sking for its bounty, for 

its privileges, for the franchises of the people, he should not stand 

upon nice points of etiquette and deJicacy, nor attempt to taunt me or any other Representative on this floor when! put to him a proper 

and respectful question. 

1\lr. HALE, of New York. I rise to a point of order. 

1\:lr. SPEER. I did not know there was anything wrong in this 

bill; but I say it is indelicate for the vice-president of a railroad to 

stand here publicly before the nation advocating its interests. 

l\Ir. HALE, of New York. I make the point of order that the gentleman's remarks are not germane. 

1\:lr. SPEER. They are germane to the vice-president of this com· pany. 

Mr. HALE, of New York. They certainly have not been justified 

by any supposed attack made upon the gentleman from Pennsylvania 

by the Delegate from this District. 

Mr. SCOFIELD. Will the gcntlem..'tn from New York (Mr. HALE] 

yield to me to make a motion to adjourn f 

Mr. HALE, of New York. No, sir; not now. A MEMBER. 0, no; not till we pass this railroad bill. [Laughter.] 

Mr. HALE, of New York. I have made several efforts to say that 

the specific location of this road within the generallimit.s defined by tho bill, and also its oonstrnction in every respect-the plans, speci- fications, &c.-are all made subject to the approval of the Secretary . of War. The reason for this provision is that the control of the public works in Washington City is vested in the Engineer Department, 

whose action is always through the Secretary of War. Every effort 

has been made to protect fully the public rights in thiij respect, ami 

I believe successfully. 

I do not think the route of the proposed railroad, as prescribed in 

the bill, infringes upon the public parks or upon the water-front, or anything else likely to work to the public prejudice. 

I will add, I think no member of the committee reporting this bill 

has any sort of interest in _ the question of its construction in any 

other way except for the public benefit; that, and that only. 

Now it has been saicl, I know not with how much truth, that the 

Pennsylvania. Central Railroad, known as "Tom Scott's road," ba<l 

strong reasons for opposing the passage of. this bill. I do not know 

it, and do not know why it should have such reasons. Perhaps one of 

the gentlem~n fi;om Pennsylvania, on opposite sides in politics, who 

do oppose this bill so strenuously can'say whether or not the opposition is prompted by the Pennsylvania Central Railroad. 

Mr. SPEER. I will answer for myself first, and then my collea<rue can answer for himself. This is the first time I ever hear(Il\Ir. s;ott 

bad anything to do with it; I never spoke to 11Ir. Scott on the sub- ject. I never heard directly or indirectly from any one connected 

with the road on the subject. The gentleman state's that 1\Ir. Scott 

is interested, and it shows be knows more about who is interested in 

it than I do. · .Mr. HALE, of New York. I am glad if I do. 

1\Ir. SCOFIELD. I think if the gentleman from New York had 

proper motives he would not be insinuating against any other men. Mr. HALE, of New York. I havemade no insinuation against any other man. . Mr. SPEER. I think it was an insinuation. 

1\Ir. HALE, of New York. I merely stated a f..1.ct. 

1\ir. NEGLEY, It was not a fact. 

1\f.r. HALE, of New York. The opposition to this bill appears to be 

pressed in the interest of the Baltimore and Potomac Railroacl, which 

is owned by the Pennsylvania Central Railroad. If that is an impu- tation--

1\Ir. NEGLEY. It is an imputation. No person connected with tba,t 

road ever intimated to me a single objection agaiust it. 

1\Ir. POTTER. Will my collea-gue yield to me for a question 'F 

1\:lr. HALE, of New York. Yes, sir. 1\Ir. POTTER. How long has this company been incorporated 'I 

1\!r. HALE, of New York. I do not kJ.lOW. 

1\Ir. POTTER. Let me inquire further whether during all the year~ 

it bas been incorporated it has constructed a single mile of railroad 

and whether we have any reason to expect it will not be sold to some~ body else just so soon as this bill has passed and become a Jaw 'F 

Mr. HALE, of Now York. I will answer, so f-ar as my colleague's 

questions are concerned, by saying, first, that I do not know when 

this road was incorporated; I do not know, in the next place, of my own knowledge, whether the roadhas been bruit or not. In this bill we have carefully provided, however, they shall build the railroa<l 

before they will be allowed to come into this city. We provide that 

all rights grantecl to the· said r:1.ilroad by this act shall cease and determine, unless it shall build its road from Brandywine, in Prince George's Connty, 1\Iary.Jand, to which point the Southern 1\iaryln.n<l 

road is to come, into the city of Washington. I believe that substantially answers my colleague't3 questions. Mr. NEGLEY. I wish to say a word in re}Jly to what ha-s been 

said by the gentleman from New York. 

1\Ir. HALE, of New York. I have noli yielded the floor. 1\f.r. NEGLEY. Let me ask the gentlem[\Jl, then, whether there is 

provided for in this bill ample facilities for Government vessels passing in and out to the navy-yard f 

Mr. HALE, of New York. The committee supposed when they provided this bridge should be built as the Secretary of the Navy required, 

it was all th!tt W!lS necessary for them to do. 

1\Ir. NEGLEY. Bup the construction of the bridge and the character of the draw should be carefully guarded. 

Mr. HALE, of New York. It will of course be a draw affording 

every fa-cility demanded by the Secretary of tho Navy. 

1\Ir. NEGLEY. It is evidently a; draw-game on Congress. Heretofore the Committee on Commerce has had that jurisdiction over these 

subjects. That committee ba-s guarded carefully the puhlicinterests by 

preventing all unnecessary obstructions to navigation, by providing 

carefully so far as the elevation of the bridge is concerned and the 

brea,dth of the span and the character of the draw. 

1\Ir: HALE, of New York. The gentlema,n evidently conld not ha-ve 

listened to the remarks which ·have been mnde explaining why the 

committee omitted the provision in tlk'l>t respect. • 1\Ir. NEGLEY. I move to refer this bill to the Committee on Commerce, or at leas that portion in reference to the draw. 

The SPEAKER. The gentleman from illinois holds the floor. 

1\!r. NEGLEY. I ask the gentleman to yield to me for a moment. 

Mr. RICE. Not just now. Now, l\:lr. Speaker, it is quite astonishing to a new member like 

myself to see this desire of members to enter into a discussion ·wide of 

the mark now before us. I cannot help persuading myself the interest of the city of Washington in reference to the building of this · railroad has not much to do with the· discussion which is going on . I do not know whether it is a combat of tntellectua.l people, trying to 

display what power they may have for defeat without regard to right or wrong. I remember what the gentleman from Pennsylvania said 
1874. CONGRESSIONAL RECORD.'-:., 1695-

that the photographers are now upon the steps outside the -Capitol 

waitinfl'. totake the pict.ures of these gentlemen. [Laughter.] I believe after careful examination of two weeks, after listening to every 

word every man had to sa.y-a:nd ~orne talk eel a. _great dea.~ about this 

railroad going through the Dtstnct of Columb1a;-I dO" _smcerely believ-e that it is a proper thing to b_e done. There 18 nothing a-sked for 

that should not be askecl for. It IS to be for the benefit of the people. 

The people's interests are stri?tly._guarded, and_ thi~ House is as com- l1etent to vote yes or no on this bill to-day as It will ever be; and I 

hope no outside influence will be brought into this matter. 

This iS simply to build a. railroad over the Eastern Branch of the 

Potomac to the northwestern boundary of the District of Columbia, unuer the control and supervil'lion of tried Government officers. Tho 

question is this: Will the House permit that to be done 7 Shall the 

people of this District be permitted to profit by the building of railroads, or shall their interests, on account of jealousy or on account 

of any other opposing motive, be laid aside' If you do not pass this 

bill now, the chances are that it will never be passed. 

The road is already built to the other side of the Eastern Branch. 

Hundreds of men are now employed on it, and carts and horses in 

great number are employed. The ;men engag-ed_in t~e w~rk_ are not 

over-rich. If they do not get the nght to build m thlS DlStnct, they 

may not be· able to raise the money to buy rails for the road already 

graded. If it is a right thing to do, let it be done now; and if the 

House does not want to have it done, let it say so now. I call the previous question. l\Ir. PLATT, of Vir~inia. I ask permission of the gentleman from 

Illinois to put a question to him. 

Mr. MYERS. I desire to offer an amendment, to come iu on page 2, 

line 14. If the bill is to guard the interests of the Gov.ornment, what- ever plan may be afterward approved of, I presume that there can . be no objection to insert here in the bill, at line 14, the word "draw," so that it will read: 

Thence to the side of the Eastern Branch, and crossing the same by a suitable 

draw-bridge and causeway, so as not to obstruct navigation, &c. 

Mr. NEGLEY. I desire to offer an amendment. 

Mr. PLATT, of Virginia. I wish to ask tho gentleman a question, 

and I understood the gentlem~n yielded to me for that purpose. - Mr. RICE. I do not feel at liberty to accept any of these amendments. [Laught-er.] As soon a-s gentlemen have done laughing they 

will permit me to make this· observation, that this bill was read anu conBidered at a special meeting of the committee; that every clal1Se _ in it was dwelt upon, and several amendments were made. It was then put into my hands to present here for its passage. Under those 

circumstances, as the gentlemen belonging to the committee who have 

intrusted me with this bill are experienced members of this-Ho.l1Se, 

many of them, I beg to say that I do not feel at liberty to accept of 

any amendments. I want the bill to stand on its merits as it is now on the Clerk's desk. 

1\fr. NEGLEY. Will the gentleman allow my amendment to be 

read'/ 

l\Ir. RICE. I will not. [Laughter.] 

Mr. NEGLEY. Then I move to lwy the bill on the table. 

Mr. PLATT, of Virginia. Will the gentleman allow me to askhim a question for information 'l 

l\Ir. RICE. I prefer not to answer it. I find that it is a dangerollS 

thing to do here. [Laughter.] I call the previol1S question on the 

bill. • The SPEAKER. The gentleman has the right to take the sense of 

the House on the bill as reported. 

Mr. NEGLEY. Pending the motion for the previollS question, I mov-e to lay the bill on the table. .Mr. KILLINGER. I move that the Ho11Se do now adjourn. 

?tir. PLATT, of Virginia. 0, no; let us get through with it tonight. . Mr. CHIPMAN. I desire to suggest an amendment. 

The SPEAKER. That is not iu order. The gentleman from Illinois has declined to admit amendments. The question is first on the 

motion of the gentleman from Pennsylvania [Mr. NEGLEY] to lay 

the bill on the table. 

The question being put, there were-ayes 81, noes 79. 

:Mr. HALE, of New York. I call for the yeas and nays. 

The yeas and nays were ordered. 

Mr. SCOFIELD. ·Is a motion to adjourn in order now 'I' 

The SPEAKER. It is. 

Mr. SCOFIELD. Then I move that the House do now adjourn. . :Mr. HALE, of New York. I desire to make a parliamentary inquiry. If the House adjourns now, when will this come up a~ain 'l 

The SPEAKER. It will come up the first thing in the mornmg if 

the House should now adjourn. 

}.fr. GARFIELD. Will it uo so, the previous question not hav-ing 

been seconded! . The SPEAKER. That does not matter. It goes over a-s unfinished 

business. 1\fr. GARFIELD. But this is District of Columbia business, which can only be r eached on the third Fri<.lay of each month. 

Tho SPEAKER. The Chair will remind the gentleman that the 

question of the District of Columbia business coming up a-s unfinished 

busin,ess, like anything else, was a res adjndicata some two years ago. 

UNEXPENDED BALANCE OF APPROPRIATIONS. 

Mr. GARFIELD, by unanimous consent, from the Committee on Appropriations, reported a joint resolution (H. R. No. 58) to render available a certaill unexpended balance of appropriations; which was read a first and second time, rec01mnitted to the Committee on Appropriations, and, with the accompanying report, ordered to be printeu. 

ENROLLED BII..L SIGNED. 

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

that the committee had examined and found duly enrolled a bill of 

the followin<Y title; when the Speaker signed the same: A bill (H. R. No. 429) creating an additional land district in the 

Territory of New Mexico. 

PROPOSED ADJOURNME::s-T OVER. ' 

Mr. POTTER. I move that when the HollSe adjourns it be to meet 

Qn Monday next. 

The SPEAKER. The House was dividing on the question of ad-- journment when a report was received by unanimollS consent from 

the Committee on Appropriations. The motion of the gentleman from 

New York [Mr. PoTTER] can only be entertained by un::miruollS con- sent. · Objection was made. 

On the question of adjouinment there were-ayes 118, noes 49. 

So the motion to adjourn was agreed to. 

And thereupon (at four o'clock and thirty minutes p. m.) the House 

adjourned. 

PETITIONS, ETC. 

The following memorials, petitions, and other papers were presented 

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

By Mr. BRIGHT: The petition of the heirs of Bright Roberts, deceased, for relief, to the Committee on Private Land Claims. 

By Mr. BURLEIGH: The petition of citizens of Portland, Maine, 

deprecating the issue of any more legal-tender notes, and urging a speedy return to specie payments, to the Committee on Banking and 

Currency. • By Mr. BUTLER, of Tennessee : The petition of William E. Byrd, 

for relief, to the Committee on War Claims. 

By Mr. CHIPMAN: The petition of Christian Hammelock, for a pension, to the Committee on In valid Pensions. 

By Mr. CLARK, of Missouri: The petition of Benoni Robion, for a pension for services in the war of 1812, to tho Committee on Revolutionary PenBionB and War of 1812. 

By ]lfr. COBURN: Papers relating to the claimof W_p,lter D. Plowden, for compensation for services as a spy and scout, to the Committee on Military Affairs. 

By Mr. CONGER: Papers relating to the improvement of Pine 

River, in Michi~an, to the Committee on Commerce. 

Also, the petition of J.A. Hamilton, of Watrousville, Tuscola County, Mic~an, for a pension, to the Committee on Revolutionary PenBions 

and war of 1812. · 

By Mr. DAVIS, of West Virginia : The petition of citizenB of West 

Virginia, fortherepealof the second section of the a-ct of June6, 1872, 

which made a reduction of 10 per cent. in certain duties, and also 

remonstrating against any increase of internal taxes and a restoration of the duty on tea and coffee, to the Colll.Plittee on Ways and 

Means. 

By :Mr. FARWELL: The remonstra-nce of brewers and rnaltsters of 

Chicago, Illinois, against increasing the duty on imported hops, to 

the Committee on Ways and Means. • By ]lfr. HARRIS, of Massachusetts: The petition of Whiton Broth- ers & Co., of Boston, 1\lassachllSetts, for an American register to the 

American-built Peruvian steamship Rayo~ which was brought into 

the port of Boston in a badly damaged condition, sold at private sale, 

and changed into a sailing vessel, to the Committee on Commerce. 

By ~fr. HARRISON: Papers relating to the claim of John E. Ban- . man & Co., for 11Se and occupation by the United States of their mill 

at Nashville, Tennessee, to the Committee on War Claims. 

By :Mr. HAZELTON, of Wisconsin: The petition of citizens of Sank 

County, Wisconsin, for an appropriation for the early completion of 

the improvement of the Fox and Wisconsin Rivers, to .the Committee on Commerce. 

By }.fr. O'BRIEN: The petition of M. H. Plunkett, late second as- sistant engineer United States Navy, to be placed on the retired list 

of the Navy, to the Committee on Naval Affairs. 

By l\1r. READ: Resolutions of the Boyle County Medical SoCiety 

of the State of Kentucky, in favor of the passage of tho bill to increase 

the efficiency of the Medical Department of the Army, to the Committee on Military Affairs. 

Also, resolutions of the College of Physicians and Surgeons of Louisville, Kentucky, of similar import, to the Committee on Military 

Affairs. 

Also, resolutions of the Medical Society of Fr:mklin County, Kentucky, of similar import, to the Con::~,mittee on Military Affairs. 

By 1\fr. SCOFIELD: The pctjtion of Mrs. Mary W. Shirk, widow of 

the late James W. Shirk, commander United States Navy, for increa-se 

of pension, to the Committee on Invaliu Pensions. 
1696 CONGRESSIONAL RECORD. FEDRU.A.RY 21, 

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

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

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

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

on Indian .Affairs. 

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

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

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

Trenton, to the Committee on Commerce. 

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

Post-Office and Post-Roads. 

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

the Committee on the District of Columbia. 

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

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

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

HOUSE OF REPRESENTATIVES. 

SATURDAY, February 21, 1874. 

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

J. G. BUTLER, D. D. 

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

SHOSHONE RESERV A. TION, WYO ITNG TERRITORY. 

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

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

Territory. 

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

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

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

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

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

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

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

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

in it regular order f 

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

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

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

introduce the bill this morning. 

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

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

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

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

Band of Shoshone Indians shall be confirmed and approved by the 

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

furnished under the agreement shall be good young American cattle, 

suitable for breeding purposes. 

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

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

Committee of the Whole on the state of the Union. 

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

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

BIRTHDAY OF A.BRA.HA.M LINCOLN. 

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

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

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

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

ANNIVERSARY OF WASHINGTON'S BIRTHDAY. 

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

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

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

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

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

his countrymen." 

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

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

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

wore-ayes 93, noes 58. 

Before the result of the vote was announced, 

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

The yeas and nays were ordered. 

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

voting ~; a follows: 

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

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

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

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

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

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

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

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

Wood, and John D. Young-117. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

So the motion was agreed to. 

Mr. CRITTENDEN moved to reconsider the vote by which the 

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

The latter motion was agreed to. 

TERRITORIA.L AID TO RAILROADS, ETC. 

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

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

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

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

to be brought back on a motion to reconsider. 

W A.SHINGTON CITY AND PO niT LOOKOUT RAILROAD. 

lli. COTTON. I call for the regular order. 

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

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

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

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

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

Honse--

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

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

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

Mr. RANDALL and Mr. SPEER objected. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

McJunkin, :McKee, McLean, Mollish, Mernam, :Mill.s . .lllonroo, Myers, Negley, Orr,