882 CONGRESSIONAL RECORD. FEBRUARY 4, 

By Mr. LUTTRELL: Resolutions of Mexican-war veterans of Corelo, California, asking that pensions be granted them, to the Committee on Invalid Pensions. 

By Mr. SEELYE: The petition of Lawrence Street Congregational 

church, Lawrence, Massachusetts, signed by the pastor and officers, 

for a commission of inquiry concerning the alcoholic liquor traffic, to 

the Committee on the Judiciary. 

Also, the petition of Anna D. Freeland, for arrears of pension, to the 

Committee on Invalid Pensions. 

By Mr. THROCKMORTON : The petition of citizens of Cooke 

County, Texas, for a post-route from Gainesville to Dexter, to the Committee on the Post-Office and Post-Roads. 

By Mr. WARD: Remonstrance of Jed Fry & Co., J. H. Winchester 

& Co., and others, against the passa(J'e of bill No. 523, authorting 

vessels built abroad, but belonging wholly to citizens of the United 

States, to be registered as vessels of the United States, to the Committee on Commerce. 

By Mr. A. S. WILLIAMS : Three petitions of citizens of Detroit, 

.Michigan, for authority for the construction of a bridge across the 

river at that pla~e, to the same committee. 

By Mr. WILLIAMS, of New York: ThepetitionofcitizensofKeeseville, New York, for the repeal of the stamp-tax on safety matches, to 

the Committee of Ways and Means. 

By Mr. WILLIAMS, of Wisconsin : The petitions of citizens of Waukesha, and of Kenosha, of similar import, to the same committee. 

By Mr. WILLIAMS, of Indiana : The petition of citizens of Washington, Indiana, of similar import, to the same committee. . By. Mr. WILLIS: The petition of the Madison A venue Baptist 

church, of Ne'N York City, signed by the pastor and clerk, for a com- mission of int 1uiry concerning the alcoholic liquor traffic, to the Committee for the District of Columbia. 

By Mr. WILSON, of Iowa: The petition of Geor~e Crilly, relating 

to the Des Moines Canal, to the Committee on Public Lands. 

Also, papers relating to the petition of Jonathan Roberts, for a pension, to the Committee on Invalid Pensions. . 

IN SENATE. 

FRIDAY, February 4, 1876. 

Prayer by the Chaplain, Rev. BYR<?N StJNDERLAND, D. D. 

The Journal of yesterday's proceeilings was rea-d and approved. 

HOUSE BILL REFERRED. 

The bill (H. R. No. 1797) providrng for the sale of the Kansa-s Indian 

lands in Kansas to actual settlers, and for the disposition of the proceeds of the sale, was read twice by its title, and referred to the Committee on Indian Affairs. 

ADJOURNMENT TO MONDAY • . 

On motion of Mr. SARGENT, it was 

Orderea, That when the Senate adjourns to-day, it be to meet on Monday next. 

PETITIONS l!!ND MEMORIALS. 

Mr. FRELINGHUYSEN. I present a petition of citizens of New 

Jersey, praying for the repeal of the specie resumption act of 1R75, 

and to repeal the same at once; and further, to so legislate t.hat the 

industrious people of the country may be supplied with a currency 

issued directly by the Government, without the intervention of any 

corporations, banking or otherwise. I simply wish to say that I do not 

sympathize with the prayer of t.his petition. I move its reference to 

the Committee on Finance. 

The motion was agreetl to. · Mr. WINDOM presented the petition of John 0. Finch and 269 others, citizens of Browu County, Wisconsin, praying for an appropria-· 

tion to complete the Fox River improvement, and for the construction of a canal along the banks of the Wisconsin River from Portage 

City to Prairie Do Chien, Wisconsin; which was referred to the Committe on Commerce . .Mr. WALLACE presented nine petitions, signed by 1,500 workmen 

in iron of Cambria County, Pennsylvania, praying for aid to the Texas 

Pacific Rail \-..ray; which were referred to the Committe~ on Railroads. 

Mr. WITHERS presented the petition of W. F. Carrington, :M. D., 

formerly of the United States Navy, praying for the removal of his 

political disabilitie-s; which was referred to the Committee on the 

Judiciary. 

Mr. CAMERON, of Pennsylvania, presented two petitions of citizens 

of Clearfield County, Pennsylvania, praying for aid to the Texas Pacific Railway Company; which were referred to the Committee on Railroads. 

He also presented the petition of citizens of Philadelphia engaged 

in the iron and coaf business, praying Congress to extend the national 

credit to the completion of a great southern line to the Pacific; which waa referred to the Committee on Railroads. 

He also presented a petition of soldiers and sailors of Pennsylvania, 

praying for the passage of an act granting to the soldiers, sailors, and 

marines of the late war and their heirs (except commissioned officers) a bounty of eight and a third dollars per month for the time served, 

deducting all United States bounty heretofore paid; which was re- ferred to the Committee on Pensions. · He also presented six petitions of laborers in I<~ayette County, Pennsylvania, praying Congress to aid the construction of the Texas Pacific 

Railway Company; which were referred to the Committee on Railroads. 

Mr. WRIGHT presented the petition of Charles E. Hovey, praying 

compensation for co1lecting certain derelict claims and dues belonging to the United States ; which was referred to the Committee on Finance. . 1\fr. BOUTWELL presented the memorial of the Ma-ssachusetts 

Stat.e Temperance Alliance, signed by Rev. A.. A .. Miner, D. D., president, and Rev. William M. Thayer, secretary, asking that no appropriation of money be made in aid of the centennial exhibition if the cen- tennial buildings and grounds are to be used for the sale of intoxicating liquors; which was referred to the Collllllittee on the Judi cia.ry. 

He also presented the memorial of John D. Runkle, William B. 

Rogers, and Edmund H. Hewins, a committee of the Society of Arts of 

the Massachusetts Institute of Technology, asking for the appointment of a commission to consider the subject of a uniform metric system of weights and measures; which was referred to the Committee on Finance. 

Mr. ALLISON presented a joint resolution of the Le~islature of the 

State of Iowa, in favor of securing a commercial hi~hway by water 

between the Mississippi River and Lake Michigan, V1a the valleys of 

the Fox and Wisconsin Rivers; which was referred to the Committee on Commerce. · 

Mr. INGALLS presented the petition of Maria Anna Knauber, widow 

of Adam Knauber, deceased, formerly a private in Company F, First 

Kansas Infantry, praying to be allowed a pension; which was re- felTed to the Committee on Pensions. 

Mr. STEVENSON presented the petition of Leslie Combs, a captain 

in the war of 1812, praying for arrears of pension and an increase of 

same; which was referred to the Committee on Pensions. 

REPORTS OF COl\L'll.TTEES. 

Mr. KERNAN, from the Committee on Patents, to whom was re- ferred the petition of Luther Hall, of Boston, praying an extension 

of his patent for a machine for shaping heels of boots and shoe-s, submitted a report thereon, accompanied by a bill (S. No. 391::!) for the 

relief of Luther Hall. 

The bill was read and passed to a second readmg, and the report was ordered to be printed. 

Mr. WRIGHT. I am instructed by t.he Committee on Claims, to 

whom was referred the petition of Abraham Sellers, administrator of 

Frederick Vincent, who was administrator of James La Caze, late of 

the firm of La Caze & Mallet, praying payment of a balance due for 

advances made by that firm during the revolutionary war; to report 

it back, and recomm~nd that the claim be rejected and the committee 

discharged from its further consideration. I ask a vote of the Senate 

concurring in this report. · The report was agreed to, and ordered to be printed. 

BILLS INTRODUCED. 

1\Ir. SHERMAN a-sked, and by unanimous consent obtained, leave 

to introduce a bill (S. No. :399) to limit the value of household effects 

entitled to free entry; which was read twice by its title, and, together 

with a letter from the Secretary of the Treasury relating to that subject, referred to the Committee on Finance, and ordered to he printed. 

1\Ir. HAMILTON asked, and by unanimous consent obtained, leave 

to introduce a bill (S. No. 400) amendatory of the fifth section of the 

act of the 18th of May, 1872, making appropriations t.o supply deficiencies in the appropriations for the service of the Government for 

the fiscal year ending J one 30, 1872, and fQr former years, and for (,)ther 

purposes ; which was read twice by its title. 

Mr. HAMILTON. I introduce that bill by reque-st. I donot know 

anything about the merits of it. I move that it be referred to the 

Committeee on the Judiciary and printed. 

The motion was agreed to. 

PAPERS WITHDRAWN AND REFERRED. 

On motion of Mr. SHERMAN, it was 

Ordered, That the petition and papers in the case of James L. Sherman, first 

lieutenant United States Army, be taken from the :files and referred to the Com· 

mittee on Military Affairs. 

PERSONAJ. EXPLANATIONS. 

Mr. SARGENT. 1\Ir. President, I desire to call the attention of the 

Senate for a moment to two propositions. The first makes it neces- sary that a brief portion of the proceedings of day before yesterday 

be read at the Secretary's de-sk. I ask that the part which I have 

marked be read. 

The Secretary read as follows: 

Mr. SARGE:yor, * * * But, says the Senatorfrom Delaware, it was entirelyimproper (or in effect he says so, because I have not his remarks) for Mr. Shepherd to get lawyers to go in and browbeat the committee and the witnesses for the com· mittee brought there to prove that he 'was guilty of fraud. 

"One touch of nature makes the whole world kin." 

Occasionally you can find by a mere gesture the flow of a mau's thoughts. It was pedootly nght tor the Government to hire counsel to go in there and browbeat :Mr. Shepherd's witnesses or those of the board of public works, to hunt them 

down, to insinuate fraud, to use all the arts of lawyers, if they did so. That meets with no condemnation; but when the board of public works were on trial and de-
1876. CONGRESSIONAL ~ECORD. . 883 

sired to be heard by counsel, they not being lawyers, it was an unworthy thing for 

them to employ counsel to meet those brought forward by t.he GQvernment. Mr. THURMAN. The Senator will allow me to ask whether he says that the GQv- ernment employed counsel1 Mr. SARGENT. I mean to say that the memorialists employed counsel, and there was no criticism against the memorialists' employing counsel. They were bunting somebody down. Give them bloou-hounds by all means. Let them bunt them 

down! But how dense must be that prejudice which can find objection to those 

who are being bunted down using tha ordinary method which the law allows the meanest culprit in the lowest police court, and certainly in the highest tribunals of 

the land, to defend himself against what he believes or asserts to be unjust aspersi~: BAYARD. Does the Senator really believe that I objected to the employment 

o{ counsel by Mr. Shepherd, or that anything I said yesterday bore such a con- struction 1 Mr. SARGENT. Yes, sir; I understood the Senator to say that Mr. Shepherde_ven 

employed counsel to go in there and browbeat the witnesses brought forwardagamst 

bioi! 

Mr. BAYARD. I e~ress my regrets that it was impossible for me to run over my speech last night owmg to an engagement over ~hich I had ?O control I have 

banded it to the reporter to-day, ana the words will be found m every respect as they were taken down, and so far from my saying that. it was wrong to e~ploy 

counsel I said he employed counsel, as he bad a perfect nght to do ; but I obJected to tbos~ counsel being paid out of the Treasury of the Umted States. I ma~e the 

inquiry of the Senator and his friends and other friends of Mr. Shepherd whether 

the fll.()t was so or not, and that has been construed by him into what he terms a reckless statement. I am not now positive of adjectives in my remarks here. They must speak for themselves and the RECORD will speak for me. If it is reckless to ask a question in regard to a fact which I say here wa.s given to me on creW. table 

authority then I must be convicted of that offense; but surely it is strange that 

the Senaf1>r should so misunderstand me, as he must have done, to suppose that I made the least objection to the employment of counsel freely by these gentlemen. I think Mr. Shepherd and others came before that committee either on the one side or the other precisely on the same footing:, and they must bear their own expenses and not ask the people of this country to oear them for them. 

Mr. SARGENT. I did not refer to that part of the Senator's speech to which he now alludes but my recollection seems to me to be distinct. If I am wrong, no one takes more 'pleasure than I to make amends for any injustice I may have done to the Senator. 

Mr. BAYARD. That will be due to the Senator himself. 

Mr. SARGllNT. It is due to myself and my own self-res-pect to understand it with- out being reminded of it. But 1 say that in another portion of the Senator's speech I understood him di~:~tinctly to Bay among the accusations against Mr. Shepherd 

that he had employed counsel, or that the board of public works had employed 

counsel to browbeat witnesses, and the phrase that he employed counsel for such a purpo'se implied that he had no busines.<J to have counsel there or it was a reflection on the character of the counsel employed. That was the remark which he 

made and which is distinctly lodged in my memory. If I find, however, that I am mistaken on an unchanged record, (and if the Senator says the record is unchanged 

it must be so,) I will, if he desires it, call the attention of the Senate to it, and to the error I make. I would stoop to no injustice. 

Mr. SARGENT. In some aspects I should consider this matter very 

important; that is, if I h_ad done any i!lj~stice to the Seuator by quoting from memory from h1s remarks mslBtmg that my recollectiOn was distinct.. As I find by reference to his 1·emarks I did no injustice, perhaps it becomes to me of less importance. Yesterday morning I called 

the attention of the honorable Senator to the passage of his speech to 

which I referred, separated by some pages from the part to which he 

thou(J'ht I alluded, but marking the passage, and then gave him the entir~ day to simply say to the Senate that my memory was not in fault. 

As he did not seem to think the subject important enou~h to do so, or for some other reason did not do so, I now desire, simply m justification of my memory at that time, to read the passage to which I re- ferred, the pa sage in which I said that, among other accusations 

a(J'ainst :Mr. Shepherd or the board of public works, he said that they e~ployed counsel to brow beat witnes~es. The passage was as follows : 

Counsel were employed by Mr. Shepherd and his associates to browbeat the wit- nesses, to conduct fierce, rlgid, and recrinlinating crosR-examina.tions. Prosecu- tions were threatened, indictments were found, and, sir, not only that, but a resort to crime not fit to be mentioned in our own day and time. 

To each of these matters I alluded in my speech. The part, however, to which exception was taken was that the Senator said that 

counsel were employed by Mr. Shepherd to browbeat witnesses. 

This I make in simple justification to myself in order to show that 

I was not doing the Senator injustice, or at any rate did not intend 

to do so. Of course I do not hold him responsible for the inferences 

I drew from his langua~e. Those were my own, and they have been 

read again at the Clerks desk. 

There is another matter to which I wish to allude very briefly. Yesterday the Senator from Connecticut [Mr. EATON] rose in his place 

and actuated unquestionably by the honorable motive which would 

induce any Senator to rise if he thought something was wrong which 

would affect the matter under consideration, and stated to the Senate, as I understood him, and I am refreshed in. my recollection of 

that, that the board of funding and commissioners of this District 

had on a certain day, which he stated to be the 27th, passed a reso- lution that in consideration of certain action pending before Cong:ess affecting their duties they would issue no more bonds; that 

subsequently thereafter they had violated this resolution of their own and issued bonds, a circumstance which he deemed suspicions. 

On inquiring of the Senator from Connecticut whether he charged 

fraud on that account be said yes, he did charge fraud. Now I desire 

tllat the following letter of Mr. Kelly, the treasurer of that board, and 

the resolution to which the Senator referred, may be read, merely re- marking that any defense of mine of t.hese gentlemen,eithe1·attempted 

yesterday or so far as it may be lln:plied in my remarks to-day, would 

not be expected of me aR a republiCan. I say that to show my own impartiality and fai:t:ness in the discussion of this matter, because the 

president of the board, 1\Ir. W. W. Corcoran, as is well known, is a democrat, and of the other members of the board (there are three or 

four of them) Mr. Sweeny was the late democratic mayor of Georgetown and another member of the board, Mr. Davis, is a well-known demo~rat, never has been a republican, and the treasurer of the board 

is :Mr. Kelly, the only republican on the board. I ask that the reso- lution be read. 

The Secretary read 38 follows: 

OFFICE OF THE COMMISSIONERS OF THE SINKlliG Fmm, 

Wa.shingto-n, D. 0., .February 4, 1876. Hon. A. A. SARGENT, 

United State& Senate: 

In reply to :,your inquiry as to whether any 3.65 bonds have been issued by this 

commission smce the 27th ultimo, and, if so, how many, I have the honor to say that such bonds have been issued to the extent of 149,750 since that date, being a 

part of those provided for in a resolution unanimously adopted at a. meeting of our board held on the 2-5th ultimo, a copy of which is inclosed. None have been issued 

except as authorized by that resolution. 

With much respect, your obedient servant, 

MOSES KELLY, 

Treasurer. 

Whereas a proposition "is now pending in Congress for the transfer to the Depart- ment of the Treasury of the Umted States of the duties heretofore perfonned by this board· and whereas a bill has been introduced and is now pending to prevent 

the furthe: issue of 3.65 per cent. District of Colombia bonds : Be it therefore resolved, That no further issue of said 3.65 per cent. District of Colnmbia bonds be ma~e by this board until the Congress of the United Stdtes shall 

have acted upon the amount of bonC.s to be issued, excepting so far as necessary to complete the delivery of those for which applications have thus far been filed-

$363,400. 

Mr. SARGENT. So that the action of the board since that time has 

been entirely in consonance with the resolution which was unanimously adopted by them, up to this time none being issued except 

about one-half the amount which they at that time reserved to themselves the power to issue, being certificates pending before them at 

that time and which they had been requested under the law to con- vert into 3.65 bonds. 

Mr. BAYARD. Mr. President, so far from having the least objection, I am very well content that the honorable Senator should have 

referred again to the record of this debat.e in order to settle the question of his accuracy or inaccuracy in quoting my remarks upon the 

subject of the employment of counsel by members of tile board of 

public works at the time an investigation into the affairs of this 

District was going on before a joint committee of the two . Houses. 

The language of the Senator was first that of decided reproach that 

the speech which I made to the Senate on the day previous had not appeared in the RECORD. I felt exceedingly sorry that su.ch was the case. It is not my custom to withhold my remarks at all, and -much 

less where they are in the course of a running debate in which a reply 

should have been made. I explained to him that my speech bad con- tained a great many figures, and desiring to be accurate I proposed 

to compare the data which I had used before I finally committed 

them to the RECORD. Private engagements prevented me from seeing 

the reporter's manuscript until the morning of the Senator's speech. 

The manuscript then was lying upon my table and I was going over it, comparing the figures I had used with the books from which I had 

taken them at the time he rose and found fault with great asperity 

of manner on the fact of rny speech not being in the RECORD, and 

he seemed to think that it was withheld to avoid having proper answer made to it. It was an imputation that was unpleasant; it wa-s one that I felt to be very unjust, and no one who has any knowledge of 

my character would suppose for an instant there was any such intention on my part. Therefore it was that having my eye upon the part 

of the speech to which the Senator referred, that is to say, the question which I put to him and the other friends and champions of the 

late board of public works, whether the counsel employed by the 

board of public works had been paid out of the public Treasury or not, I read then, and shall not now repeat, the precise langua~e as it came unaltered in form or substance from the hands of the ufficial 

Reporter. It is not necess~,try for me to. read it again. But after that 

the Senator t~aid-I read from page 22 of the RECORD of yesterday: 

I mean to say that the memorialists employed counsel, and there was no criticism 

against the memorialists' employing counsel. They were hunting somebody down. 

Give them bloodhounds by all means. Let them hunt them down! But how dense must be that prejudice which can find objection to those who are being hunted down 

using the ordinary method which the law allows the meanest culprit in the lowest 

police court, and certainly in the highest tribunals of the land, to defend himself 

against what he believes or asserts to be unjust aspersions. 

The" dense ignorance" of which the Senator complained was supposed to be that of myself. 

Mr. SARGENT. I did not speak of ignorance. 

Mr. BAYARD. "Dense prejudice;" I beg pardon. "Prejudice" is 

the word. 

Mr. BAYARD. Does the Senator really believe that I object.ed to the employment 

of counsel by Mr. Shepherd, or that anything I said yesterday bore such a con- struction f • 

Mr. SARGENT. Yes, sir; I understood the Senator to say that Mr. She~ herd even 

:~~!teb\:!unsel to go in t.here and browbeat the witnesses broug t for';ard 

"Mr. BAYARD. IeXJ?ress my regrets that it was impossible for me to runoverm:v speech last night owmg to an engagement over which I had no control. I lL'l.va 

handtld it to the reporter to-day, and the words will be found in every respect aa tbeyweret.aken down, and so far from my saying that it was wrong to employ coun- sel, I said he employed counsel, as he had a perfect right t{) do; but I objected to those counsel being paid out of the Treasury of the United Sta.tes. I made the in. laniry of tbe Senator and his friends and other friends of Mr. Shepherd whether the 

le~; ~~:e~t~ i' :!11n~a!~:a :oesifi~~~t~~:Jv:m u!n!>y '::!;~:s ~~~ r. fh~ must speak for tl:w018elves and the REcORD will speak for we. If it i1:1 reckless to 
l. 

884 CONGRESSIONAL RECORD. :FEBRUAU.Y 4, 

ask a question in regard to a fact which I say here was given to me on creditable 

authority, then I must be convicted of that offense; but surely it is strange that the 

Senator should so misunderstand me, as he must have done, to suppose that I I!l!lde 

the least objection to the employment of counsel freely by these gentlemen. I thmk Mr. Shepherd and others came ~efore that committee eith~r on the one side or the 

other precisely on the same footing, and they must bear therr own expenses and not ask the people of this country to bear them for them. 

Now sir, turning to the very RECORD of that day which contained 

my re~arks on which the Senator was commenting, I will read again 

in the Senat.or's hearing what I said. I read from page 5 of the same 

REcoRD: 

I do not know the fact, but I have been credibly informed that, while the tax- payers of this District were with their private moneys fighting Shepherd and his 

confederates before the joint committee and Shepherd was defending himself, as he 

had a perfect right to do, by counsel, the private counsel of t_hese discar~ed officials were paid in the same 3.65 bonds very large fees for defending that wh1ch was ad· 

mitted to be so wrong that it was legislated out of existence. Is that so or is it not so! I am told those counsel have been paid, paid by the people of tho United 

States paid by the people of this District, for defending a wrong so flagitious that 

the very capacity to perform it has been swept from the statute-book by an almost 

unanimous vote of Congress. 

Mr. President, what was said before has now been reiterated; nor 

do I propose to run a commentary upon it. I~ is there. Th~ Sena~ 

will see, and I think the honorable Senator will see, that, while I d1d 

in one part of my speech and a prior part comment upon the manner · in which Mr. Shepherd's private counsel were permitted to cross-ex- amine and, I repeat, to brow-beat witnesses before that committeeand I could readily turn to the names of the witnesses and the pages 

of the testimony where men were asked the most insulting questions 

until the committee were compelled to stop his counsel and prev~nt 

their system and manner of examination-Ifreelyrecognized his right 

to be represented by counseL What occurred before the committee was all published in the prints of the day; it is published now in our records; and when I read the manner of the cross-examination of the 

memorialists and their witnesses, it seemed to me with all due respect 

that the committee ought to have interfered before they did, and 

stopped it . That was my comment on the manner of one, at least, of 

the counsel, and the one who .was sub equently inculpated and tried, 

without acquittal, before a jury of this District for a shocking offense 

against the character of an innocent man, to which I referre~ the 

other day. 

I am not sorry that the Semotor has reviewed the subject. It is true 

that, as compared with t.he grand amounts with which this District 

has been accustomed to deal, $20,000, or perhaps a couple of thousand 

dollars less, may seem a me1·e :flea-bite in the District of Columbia; 

but in other and in plainer communities, where men work for thej.r 

living and pay their debts, and do not depend upon the Treasury of 

the United States to meet every extravagant expense, such an allow- ance for counsel would be thought very serious; would be considered 

not compensation for the work of a month, for $20,0QO is oftentimes 

the result of the work almost of a life-time. Here, however, we are so accustomed to these grand amounts of the people's money that it seems a very small affair to pay this much. But when tax-payers and 

property-holders memorialize Congress to remedy wrongs which they 

think exist in the way of expenditure, ask for reform in legislation, 

and employ private counsel at their own expense, is it right that the 

individuals who have been engaged in alleged violations of law should 

have their counsel fees paid out of the pockets of their victims, and 

out of the pockets of an innocent people f 

I do not know whether the honorable Senator answered me the 

other day or not ; but his friend from Indiana did, a.s I understood, answer me that the fees of these counsel had not been paid. That 

fact we shall hereafter ascertain. I only now repeat that gentlemen 

of credibility in this District tell me that the fees of these three 

counsel were paid in 3.65 bonds, the form of part of the payment at 

least having been by a transfer of a certificate to a national bank in 

New York that sent here and took bonds in its own name. Mr. MORTON. Will the Senator allow meT 

Mr. BAYARD. Certainly. 

Mr. MORTON . . I think I did not say that the counsel han not 

been paid, for I knew nothing about it; but I did state, on the au- thority of one of the commissioners then present, that they bad never paid them, never passed upon the claim ; that it had never been before 

them in any form. They had nothing whatever to do with it. 

Mr. BAYARD. I think the Senate had the idea, and the country 

had the idea, that when these three gentlemen who are the commissioners took charge of the affairs of this District they had plenary 

power over the expenditures. Now I am told that the board of public works did certify that this amount was due to their counsel; that 

it wa-s audited, and that certificates were issued, and that those cer- tificates have been transferred into the shape of 3.65 bonds, upon which 

the people of this country are paying interest to-day or are summoned 

to pay interest. It was but as an illustration of the unjustifiable execution of the laws of Congress that I cited the fact that the board 

of public works, who defended their proceedings so unsuccessfully 

that Congress almost unanimously legislated them out of power, have 

called on the people of the country to pay some seventeen thousand or twenty thousano.l dollars to their privat-e counsel. It certainly was unlawful, it certainly was unjust. I believe the fact to have occurred, 

and hereafter I shall find, I apprehend, or some committee will find, as I do not think this matter can die here and stand still, that this 

st-atement il3 the simple truth, whether the commission ~aid the money 

. 

or not, which is a thing I did not ·charge. I a.sked the question of the 

very ready and able defenders of the commis ioner and of the board of 

public works, and of all that has been the government of Washington 

for the last five or six years, and they did not answer mo, except that 

the newspaper report w bich I saw, the Associated Press report. I think, 

represented the Senator from Indiana as denying that the counsel had 

been paid out of the Treasm·y. He now, however, corrects that. 

.Mr. MORTON. No, sir; I did not correct it. I simply repeat my 

statement to the Senator. 'Vhat I said was, thatthesecommis ioners 

had nothing to do with it. I did not say the money had been paid 

out of the Treasury or had not, for I did not know anything about 

that. . :Mr. BAYARD. It is merely a question of the construction of this 

act, whether the commissioners ought not to have had something to 

do with it. The commissioners, as I understand, were placed iu 

charge of the affairs of t.his District. They were gentlemen of reputation and character. The powers given t.hem were plenary; and it seems to me that if they allowed such sums of money to be paid for 

such a purpose they certainly were derelict iri their duty. It was an act certainly of omission for which, it seems to me, they must be 

found fault with. That is all I mean to say. 

Mr. SARGENT. Mr. President, the Senator with some skill shifts 

the issue entirely. The question arose on another portion of the speech 

which he made, and which I expressly notified him of at the time, 

and not on the part he now refers to as to whether or not the commissioners authorized or failed to prohibit the payment of 20,000 for 

counsel. . The quest.ion was not whether or not it was the fault of the 

board of audit or whether or not it was paid by them. I was not discussing that at that time, and I called his attention distinctly to what 

it was that I took exception to. I have no remark to make about it 

now, except to say that by the very law of 1874 all power over claims was withheld from the commissioners and put in the hands of the 

hoard of audit and the funding commissioner~. But I wish to say, 

and I call his attention to the fact, that I then reminded him that he 

use-d language about browbeating counsel and about their being em- ployed by Shepherd to browbeat witnesses, and Shepherd was the one complained of. Among other crimes which it was alleged that Shepherd and his as ociates had been guilty of, it was a.Ueged that he had 

employed counsel to browbeat witnesses, and I said that that phrase 

implied that he had no business to have counsel there, or was a re- flection on the character of the counsel employed. That wa where 

the matter rested, and the Senat.or said he was content to have it rest 

there, and he now comes in and says that it was intended as a reflection, or if not as a reflection as a statement, affecting the character or conduct of the counsel employed. I ask him now in regard to the 

issue there was between the Senator and myself on that occa ion 

whether or not I was right 'f 

Mr. BAYARD. If the Senator asks me the question I will answer. I do not think he was right, because there seems to be, as has been 

read, an express allegation that it was rigbt and proper for Shepherd 

to employ counsel. That certainly would do away with an.y Jmplication of censure because one of the counsel browbeat and r1g1dly and 

roughly cross-examined witnesses. · Mr. SARGENT. That was in another part of the speech; and I 

wished to show him that my memory wa-s right in quoting him on that occasion, aml that I quoted him correctly. 

l\!r. EATON. The Senator from California has een fit to go to a certain board and to bring from that board a certificate which is not sworn to. I wonder it is not sworn to. I wonder that the Senator 

from California would go to that trouble. It seems now that my 

informant, who was a Senator of the United States, was mi taken, in 

that the resolution bad an exception. That is all; nothing else. A 

resolution was passed, it seems, in which they recognized the neces- sity as honorable men of not acting under this law by which they 

claimed the authority to act. I am t.old most of them are democrat·. 

What care I what their politics are T 

Mr. SARGENT. I assure the Senator I do ·not care. Mr. EATON. I do not know whether the Senator cares or not. I 

cannot see why that was brought in unless the Senatorfrom California desires (and so far as that goes, if that is his idea, it h s great 

force) to convince the Senate that because they are democrats they 

will not do dishonorable things. If that is the intention, I admit 

there is force in it. I did not stop to inquire what the politics of the e gentlemen were. I heard that they had done a certain thing, and 

after that changed their action. Now, I have no reason to doubt the 

authenticity of the document produced, nor should I have doubted 

the word of my friend from California; and when he said that he wa so informed by the clerk of that board, it was not necessary that the 

document should have been brought here; but I say they ought not 

to have made any exception at all. The very fact that they refu ed 

to issue bonds except a certain amount shows that they knew they 

ought not to issue any at all, because the equity and the legality of 

those very certificates had been called in question, and therefore the 

necessity for the action of the Senate yesterday. I 'expre s the regret which of course every Senator must feel who makes any statement on information that is not accurate in every respect. 

DISTRICT 3.65 BONDS. 

Mr. SHERMAN. I wish to make a motion that I deem it my duty 

to make under the circmnstances, and that is to reconsider the vote 
1876. CONGRESSIONAL RECORD. 885 

by which the joint resolution of yesterday was passed, with a view to 

strike ont the amendment of the honorable Senator from Connecticut, 

[Mr. EATON.] I think we ought to do that. I will enter a motion to 

reconsider and ask that the joint resolution be recalled. from the House 

for that purpose. 

The PRESIDENT pro ternpm·e. The Chair understands that the 

joint resolution ~s still within the possession of the Senate, so that a motion to reconsider is in order. 

Mr. SHERMAN. I will.submit a motion to reconsider, and as soon as the morning hour is over I will a-sk for the vote of the Senate on the motion; or it can be taken up now, as it will take but a moment, 

I think. 

The PRESIDENT pro tempore. By common consent the motion to 

reconsider can lie over for the present. The Chair hears no objection. 

PUBLIC LANDS IN SOUTHERN STATES. 

Mr. CLAYTON. I move to take np the bill that was pending yesterday morning relative to the public lands in certain States. 

Mr. FRELINGHUYSEN. The Senator from Mississippi who sits near me [Mr. BRUCE] saw me yesterday ~nd said that he wa-s quite 

sick, that he felt ~reat interest in this question and wanted an opportunity to examme it and possibly to be hearrl npon it. Therefore 

I must a-sk the Senate to postpone the consideration of this subject. 

Every one will see that it is a subject which he naturally should feel 

interest.in, and which the Senate would of course accorrl him a hearing upon. 

:Mr. CLAYTON. I had a conversation yesterday with the Senator 

from :Mississippi in relation to this very thing, and I had a conversa- tion with him when I first introduced the bill. He told me yesterday 

that he was in favor of the bill; and I have no doubt he will support it. 

Mr. FRELINGHUYSEN. He saw me at the close of the session 

yesterday and stated that he was very desirious of looking at the ln.w 

and possibly of being heard upon it. He asked me to get the law for 

him, which I did. 

Mr. CLAYTON. We can proceed with the bill for the present. 

Mr. FRELINGHUYSEN. I hope not. 

Mr. CLAYTON. Other Senators desire to speak on the subject. 

We can proceed with the bill, but we need not come to a vote until 

he comes in. . Mr. FRELINGHUYSEN. Very well; I have no•objection t.o that. 

The PRESIDENT pro tempore. The question is on the motion of the 

Senator from Arkansas, [Mr. CLAYTON.] 

Mr. ALCORN. I desire to say that I received a note from my colleague this morning requesting that the vote on the bill shall be postponed, as he desires perhaps to be heard on the subject, and perhaps 

be may not have made up his mind yet which way he will vote. He 

simply wants the privilege of looking at the bill and examining into 

the question. Mr. CLAYTON. I am perfectly willing he should have that privi.,. 

lege; but if other Senators desire to speak on the bill, I think they 

may do so now and let us go on with the consideration of it. I will 

not press a vote to-day. Mr. SHERMAN. I think under the circumstances, if the Senator 

allows it to go over at all it had better go over at once for all purpo es, because the remarks of the Senator from Mississippi [Mr. 

BRUCE] may call out other remarks. The Senator from Arkansas [~1r. CLAYTON] had better get up his bill at some other time with the 

purpose of then disposing of it. 

Mr. CLAYTON. If this bill is to be considered in the morning hour 

each day, there will be very little time for that purpose. The•difficnlty is, that if this bill is allowed to be thrust aside from day to day, 

after a while all that has been said will be forgotten to a great extent 

by persons who have not paid as much attention to the bill as others. 

As I said, I do not desire to urge it to a vote to-day. ·I ask the Senator from Kansas [Mr. INGALLS] if he is ready to proceed with his 

remarks f He said yesterday that he wished to speak. 

Mr. INGALLS. Does not this bill come up as the unfinished busi- ness of the morning hour without a motion f 

ThePRESIDENT pro tempore. Not in themorning hour. The question is on the motion of the Senator from Arkansas to take up the 

bill . 

.Mr. INGALLS. My own impression is that it would be a waste of 

time to proceed with the discussion unless the vote is to be taken at 

the close of the debate. I have some remarks to make upon the subject ; and the longer I reflect upon it the more convinced I am that 

the importance of the question the Senate is not yet fully aware of. 

I have no desire to simply talk upon the bill. Whenever it is up for 

final action I shall be glad t-o have the opportunity to express my 

views somewhat more at length. 

.Mr. CLAYTON. If I can have an understanding that this bill may 

go over to a certain day and be disposed of on t.hat day, I shall be very 

glad; but the Senator will readily see that a measure of this kind of 

so much importance when taken up to-day and discussed ten or fifteen minutes, then going over to t.o-morrow and being discussed ten or fifteen minutes, and then perhaps not taken up for three or four 

days again or a week, is not apt to get that consideration which it 

ought to have. I would be glad if the Senate would give unanimous 

consent to allow the bill to come up on some particu!ar day. I do not 

know what day I can mention, however. I understand some other 

measures are likely to be brought forward at the expiration of the 

question in relation to the seat of the Senator from L9uisiana. After 

that is disposed of, I understand there are other measures Jikely to be 

of more paramount importance probably than this. 

Mr. SHERMAN. We have but ten minutes of the morning ·hour 

left, and it is idle to take up this question for ten minutes. We may 

dispose of the other matter as to the District bonds in that time, 

perhaps. Mr. CLAYTON. Let it go over. Mr. SIJERMAN. I know the bill ought to be considered and acted 

upon, and I will vote with the Senator to take it up. Now I ask for a vote on the motion to recollSider the vote on the passage of the 

District bill. 

Mr. CLAYTON. I withdraw my motion. 

DISTRICT 3.65 BONDS. 

The PRESIDENT pro tempore. The Senator from Ohio [Mr. SHERMAN] moves a reconsideration of the vote by which the Senate yesterday passed the joint resolution (H. R. No. 52) directing the commissioners of the District of Columbia to pay the interest on the bonds 

issued in pursuance of the act of Congress approved June !0, 1874, 

out of· any funds in the United States Trea-sury subject to the requi- sition of said commissioners, and for other purposes. The motion to reconsider was agreed to. Mr. SHERMAN. I move that all votes be reconsidered to enable us to get to that stage of the bill which will enable us to strike out 

the amendment of the Senator from Connecticut, [1\Ir. EATON.] · The PRESIDENT pro tempore. The Senator from Ohio moves to 

reconsider the vote by which the joint resolution was ordered t.o a third reading. 

The motion was agreed to. 

The PRESIDENT p1·o tentpm·e. The question now is on ordering 

the amendments to be engrossed and the resolution to be read a third 

time. Mr. SHERMAN. I move now to strike out the amen dment of the 

Senator from Connecticut. 

Mr. WITHERS. The proper course, I think, would be t o move to 

reconsider the vote on that amendment. 

l\1r. SHERMAN. The motion to strike it out reaches the same thing. 

I do not care which form is adopted. 

The PRESIDENT pro tentpo-re. It is not in order to strike out what 

the Senate has already adopted. The Senator can move to reconsider 

the vote on concurrence. :Mr. SHERMAN. I make that motion. 

The PRESIDENT pro tmnpm·e. The Senator from Ohio moves t o reconsider the vote by which that amendment wa-s concurred in. 

Mr. EATON. I call for the yeas and nays. The yeas and nays were ordered. . . l\1r. SHERMAN. I do not know that the attention of Senators has 

been called to this matter sufficiently. The Senator from Connecticut 

yesterday offered an amendment which prohibited the payment ()fin- terest on bonds of the United States issued after a certain date, on the ground, ash~ stated, that those bonds were issued in violation of a resolution of the sinking-fund commissioners- a fact so plainly im- plying that they were wrongfully or fraudulently issued that as soon as the Senator from Connecticut made that statement, I and every 

Senator unanimously agreed to suspend the payment on the bonds, 

which, according to the implications at least of the statement, were wrongfully, fraudulently, or improperly issued, in nolation .of a res- olution of the sinking-fund commissioners themselves. A paper has 

been read thiS morning, which I suppose has been heard by all the Senators, showing clearly that. that was an error; that though·there 

have been some bonds issued since the passage of this bill in t he House, they were issued in pursuance of the resolution, and were bonds 

issued upon applications made and certificates filed with the sinking- fund commissioners before the passage of the bill by the House of 

Representatives. They therefore are like any other bonds of the 

United States outstanding. It seems to me, under these circumstances, that it would be very 

wrong, a clear and palpable violation of the public fa.ith, to refuse to 

pay interest on bonds legally and properl;r issued in plain pursuance 

of law and in plain pursuance of the direction Jiven to and the au- thority conferred upon these sinki,ug-fnnd commissioners. The stat,e- ment made already by the Senator from California shows that there can be no party feeling about this matter, because it turns out that 

all tho members of this boardofsinking-fundcommissionersaredemo- crats, not the more honest on that account, (for I do not· agree at all 

to that suggestion which some Senator ha-s made,) but it shows dis- tinctly, the treasurer being a republican and the commissioners being 

democrats, that this was an authority exercised fairly, honestly, and 

in pursuance of law. It is not 1ight for the Senate of the United 

States to arrest the payment of interest on bonds of that character; 

and I have felt it my duty, a.s I promptly assented to the amendment 

of the Senator from Connecticut, on his raising a doubt of the hon- eoty or legality of this transa{ltion, to move a. reconsideration merely 

to get rid of that amendment, and then let the bill go back to the:~ 

House of Representatives. 

Mr. SAULSBURY. Before the vote is taken on this motion to re- consider, I wish to inquire as to the effect on subsequent amendments 

to the bill of striking out the amendment of the Senator from Con-
886 CONGRESSIONAL RECORD. FEBRUARY 4, 

necticut. After the adoption of the amendment proposecl by the 

Senator from Connecticut, there were various other amendments 

which· I take it were in the nature of amendments to the amendment 

of the Senator from Connecticut, and the question I wish to be informed upon is as to the effect now upon all the subsequent amendments of striking out the amendment of the Senator from Connecticut. If the effect is to destroy all subsequent amendments, then I 

think the motion of the Senator from Ohio is very objectionable. 

The PRESIDENT pro te-mpore. This is the last amendment. There 

is no subsequent amendment, aa the Chair understands. 

:Mr. SHERMAN. My purpose is to strike out that clause which waa put in under a misapprehension. 

Mr. MAXEY. I ask that the amendment be read for information. 

The PRESIDENT JJro tempore. The Secretary will report the amendment, the vote on which it is now proposed to reconsider. 

The Secretary read as follows: 

And provided further, That this resolution shall not in any way or manner recog- nize the liability of the United States to pay either the principal or interest of any of such bonds as may have been issued on or since the 27th day of January, 1876. 

Mr. MAXEY. That is the amendment to be reconsidered, I understand. 

The PRESIDENT p1·o te-mpore. It is. 

Mr. MORRILL, of Maine. I :want to inquire of the Senator from 

Ohio whether it is his understanding that no such bonds have been 

issued as matter of fact'l 

Mr. SHERMAN. I understand distinctly that such bonds have 

been issued to the amount of $150,000; issued in pursuance of the reso- lution referred to by the Senator from Connecticut, upon applications 

made before the passage of this bill in the House of Representatives, and that these parties were therefore entitled to them, and 

that they were legally issued by the unanimous direction of the 

board of sinkin0'-fund commissioners. 

Mr. MORRILL, of Maine. One thing more. Does this motion affect 

any other part of the bill than that proviso T 

Mr. SHERMAN. Not at all. It cannot have any effect except on that amendment which wa~ adopted without a division yesterday. 

Mr. EATON. So far as the Senator from Ohio stated, the application he made of my remarks wa-s correct; but he did not state all. I 

do not object to his stating part of what I said. The amendment is a proper amendment without any regard to the action of that board. 

'rhe amendment waa prepared before I knew that there had been 

any resolution, and its preparation had nothing to do in my mind with 

the action of the board in regard to that resolution. The allegecl fact, 

which turns out not to have been true, I learned here after the amendment was prepared. Now I say that after this business had been taken 

up in the House of Representatives the board were culpable-democrats or republicans, I care not what their politics are-in issuing any more bonds. They ought not then to have issued a single bond until 

after the action of Congress, and Congress ought never to pass the bill 

which is now before the Senat.e until after the whole subject has been 

investigated by a committee of the Senate or of the other House or a j oint committee. Iu my judgment there are hundreds of thousands 

of dollars of these llonds which were issued upon inadequate securities, improper vouchers. I have no doubt about it. The Senator from 

Ohio may differ with me in that particular. 

Mr. SHERMAN. I do not know anything about it. 

Mr. EATON. Well, we ought to kn9w something about it before we pass a bill of this character. We oughttoknow something about 

it when the whole city is full of rumors against the character and 

equity of these claims. 

I think this amendment is a proper one. I shall not vote for the 

bill; I did not yesterday. I will not vote for this bill, or any bill of 

this charactt.r, until after a committee have examined and investigated into thesubject; but !trust the amendment will remain. There .is reason enough for it, in that a board, after this matter had been 

taken up by Congress, proceeded to issue new bonds. 

Mr. KERNAN. Mr. President, I hope I shall be pardoned for a very 

brief suggestion about this matter. I think the amendment adopted, 

with or without the information, ought to stand. It simply provides 

t.hat there shall be no implication from this resolution against the 

Govem.ment of the United .States in reference to any bonds issued 

since the 27th of January. Prior to the 25th of January the House 

of Representatives had passed this joint resolution, declaring, in the 

language of the first proviso, "that any further issue of 3.65 bonds is 

hereby prohibited." The joint resolution had been transmitted here, 

and was received in the Senate on the 25th of January, when, as the 

record shows, it was "read twice and referred to the Committee on Appropriations." 

- Now, I submit to Senators that where men were acting, as these 

commissioners were·, under a power from Congress, and one House has 

paased a bill forbidding any further issue of the bonds, it is not right or proper for the commissioners to continue issuing them while the 

subject is under consideration in Congress. No agent of a business concern which han given ever so broad a power of attorney would 

continue to issue negotiable paper when the principal was investigating his acts and claiming that he ha{]. exceeded his authority. It seems to me, therefore, that, on the face of these proceedings, we should retain this provision. We do not say in it that the bonds are void or illegal; but we say that we will not recognize the validity of 

bonds which have been issued by these agents within the very shadow 

of the Capitol after one House of Congress has forbidden it and the 

other is considering that prohibition. 

We can deal justly with all those who have claims, leaving this provision in, and by leaving it in we can protect the tax-payers of the 

District and the tax-payers of the Union, who are to pay their share, 

by saying that, while we appropriate interest to be paid on the prior 

bonds, we will withhold the payment of interest on these until we can look into them; and there ought not to be much interest on bonds 

issued since th(\ 27th of January, unless there is something about them 

which I do not understand. I think it is just to all. We prejudge 

nobody; but we simply say that while we will pay interest upon p1·ior 

bonds, as to these which have been issued after one body of Congress 

said more should not be issued and the other was acting upon the 

question, we will not pay at present. I do not care who the agents are. I would say we should guard against ratifying their action until we look into it, and then we will do what is right. 

SE.!.~ATOR FROM LOUISIANA. 

The PRESIDENT p1'0 tempore. The morning hour has expired. 

The resolution for the admission of P. B.S. Pinchback is the unfinished business. 

The Secretary read the following resolution, submitted by Mr. MoR- TON on the 5th of March, 187fi: · 

Resolved, That P. B. S. Pinchback be admitted as a Senator from the State of 

Louisiana for the term of six years beginning the 4th day of March, 1873. 

The PRESIDENT pro tentpm·e. The pending question is on the 

amendment proposed by the Senator from Vermont, [Mr. EDMUNDs,] 

to insert the word "not" before" admitted." 

Mr. MORTON. 1\lr. President, I shall only detain the Senate a short 

time this morning. This question has been before this body several 

times, and ought to have been long ago decided. The time has come when it ought to be decided in justice to the people and in justice to 

the State of Louisiana. One thing is certain: :the State of Louisiana 

is entitled to have another Senator on this floor. If Mr. Pinchback was not elected to the Senate, then the present Legislature is entitled 

to fill the vacancy. This proposition is indisputable, and this body 

baa no right, upon one pretext or another, to keep the State from its 

representation. 

Whether Mr. Eustis ha-s been elected in accordance with the forms 

of law has not been examined by the Committee on Privileges and 

Elections, and they have made no report upon that; but one thing is 

certain, that if Mr. Pinchback was not elected, the present Legislature of Louisiana is entitled to fill the vacancy; and whether it has 

been filled by the election of 1\Ir. Eustis may not now be a material 

question, though I cannot see why the forms of law have not been 

complied with in his case if there is a vacancy; and that is the only 

question, it seems to me, that is before the Senate at this time. 

Before coming to the question of law, on which I wish to make a brief statement, I want to refer very briefly to a matter which it is 

due to Mr. Pinchba~k to notice in answer to a -x:eport that has been in 

circulation to the effect that he was disloyal during the war. I have 

had placed in my hands the military record of 1\Ir. Pinchback during 

the war, and I invite Senators to give it their attention very briefly. 

Mr. Pinch back was living in l\Iemphis at the time of the capture of 

New Orleans by the national forces in 1862. He immediatelv went 

to New Orleans. Some time afterward he obtainecl from General 

Butler the following authority: NEW ORLEANS, August 27, 1862. 

By authority vested in me by Major-~neral B. F. Butler, Pinckney Pinchback 

is hereby authorized to recrnit a company of Louisiana volunteers for the United 

States Anuy. 

S. H. STAFFORD, 

Superintendent Recruiting Arrangements. 

Then follows a memorandum as to where Mr. Pinch back's company was to rendezvous. Mr. Pinchback raised his company and received a commission as captain in the Army of the United States, in what was known as the Corps d' Afrique, a colored regiment raised in the 

city of New Orleans, and here is his commission a.s captain, signed by 

"Benjamin F. Butler, maJor-general commanding," who had au- thority from the Government of the United States to raise that legion. '!'his commission bears date October 6, 1862, appointing him a captain 

in the Army of the United States. On it is indors·ed the oath taken 

by Mr. Pinch back-what is known as the iron-clad oath. The first 

officers of that regiment were colored men. Examinations were instituted aa to their qualifications, and all were found disqualified ex- cept Mr. Pinch back. He passed the examination. As the colored officers were mustered out, white officers were mustered into their 

places; and after the regiment was officered by white men his position 

became exceedingly uncomfortabl(:'l1 and they sought to drive him out 

of the regiment. He found himself rn a position where he could render 

no valuable service, and he tendered his resignation in these words: 

FORT PIKE, Louisiatna, September 10, 1863-

He had then been in the service over one year, and had served honorablyGENERAL: In the organization of the regiment! am attached to, (Twentiet.h Corps 

d'Afrique,) I find nearly all the officers inimical to me, and I can foresee nothing but dissatisfaction a:~d discontent, which will make my position very disagreeable indeed. I would, ther efore, respectfully tender my resignation, as I am con- fident that by so doino- I best serve the interest of the regiment. I have the 'honor to be, sir, very respectfully, your most obedient servant, . P.B. S. PINCHBACK, 

Captain Second Lottisiana National Quard. 

• 
1876. CONGRESSIONAL RECORD. 887 

The resignation was accepted and he was honorably discharged. I 

hn.ve the discharge here : 

[Special Orders No. 227.1 

HEADQUARTERS DEPARTMENT OF THE GULF, 

New Orleans, September 11, 1863. 

(Extract.] 

The following-named officer, ha.ving tendered his resignation as snch, is hereby honorably discharged from the military service of the United States: Captain P. 

B.S. Pinchba<lk, Second Louisiana National Guard. 

By command of Major-General Banks. 

G. NORMAN LIEBER, 

Acting Assistant Adjtttant.General. 

Then comes the certificate of .Nicholas Vedder, paymaster United 

States Army: 

I certify that the foregoing is a true copy from the original, and that I have this 

day paid Captain P. B. S. Pinchbaek the sum of $521.95, in full to date of his dis· 

charge. NICHOLAS VEDDER, 

Paymaster United States Army. 

NEW ORLEANS, LOUISIANA, September 19, 1863. 

But Mr. Pinch back was not content to remain out of the service of 

the United States, and he applied to General Banks, who was then in 

command of New Orleans, for authority to raise a cavalry company, 

andhereceived thata.uthority0ctober2, 1863, in Special Orders No.8: 

2. Mr. Pinch back having reported for duty, under authority from Colonel.J. G. 

Wilson, to raise a company of cavalry, is hereby ordered to recruit in the city of 

New Orleans, and will be governed by the following instructions. 

Then follow the details as to the matter of enlistment. This is 

signed by "J. S. Bangs, jr., lieutenant-colonel and superintendent re- cruiting service." Mr. Pinch back went on, raised his company at an expense to himself of nearly 1,000, and after the company had been 

recruited he thus applied for his commission as captain of the company: HEADQUARTERS FIRsT CAVALRY, CORPS n'AFRIQUE, 

New Orleans, November 17, 1863. 

MAJOR: By authority from Major .James Grant Wilson (copy inclosed) I have 

recruited a company for the First Cavalry Regiment Corps d ..Afrique, and would 

respectfully apply for my commission in order to be mustered in with my company. I have the honor, sir, to be, very respectfully, your most obedient servant, · PINCKNEY B. S. PINCHBACK. 

MA.Jon G. Non:M.A.N LIEBER, 

Acting Assistant Adjutant· General, Department of the GUlf. 

On that application the following indorsement is made, (I have the 

original paper here:) 

HEADQUARTERS FmsT CAVALRY, CoRPS n'AFRIQUE, Neto Orleans, Louisiana, November 17, 1863. 

Pinchback, P. B. S., appointed captain First Cavalry, Corps d'Afrique, states that be bas recruited his company, and asks that a commission be issued to him. 

One inclosure. 

HEADQUARTERS FIRST CAVALRY, CORPS D'AFruQUE, 

New Orleans, Louisiana,, November 17, 1863. 

Respectfully forwarded. 

W. W.HOWE, 

OommisBioned as Maj01' or Oommander. 

Here comes the indorsement on the back by the officers in command: 

HEADQUARTERS DEPARTMENT Gui.F, 

New Orleam, November 16, 1863. 

Respectfully referred to Lieutenant-Colonel Bangs. Is not this officer colored I 

By command of Major-General Banks. 

.T. SCHUYLER CROSBY, 

Oaptain a11d Acting Assistant Adjutant-General. 

And here is the-return on the part of Mr. Bangs: 

Resvectfnlly returned. . I-. B. S. Pinch book is a colored ma-a; very much of a gentleman, however, and a meritorious officer. 

lt would afford me much pleasure to see him pla.ced in a position to serve the 

Government. 

L S. BANGS, JR., 

Li8Utenant.Oolonel and Superintendeii.tRecruiting, Oorps d'Ajrique. 

After that return had been made by the colonel we find this indorsement by General Banks: 

HEADQUARTERS DEPARTMENT OF THE GULF, 

New Orleans, Nooember 19. 

..Respectfully returned. ~his application is disapproved, the commissioning of negroes as commissioned 

officers being contrary to law. 

By command of Major.General Banks. 

I. SCHUYLER CROSBY, 

Captain and Acting Assistant Adjutant-General. 

It will thus be seen that Mr. Pinchback was in the service of the 

United States for more than a year, that he raised two companies, 

that he was recommended highly for a commission as a gentleman and a meritorious officer, but that his commission was refused in the cav- alry company upon the ground that it was contrary to law to commission a negro. 

Mr. MERRIMON. Before the Senator passes from that point, I beg 

to ask him whether he has any information as to where Mr. Pinchback was at the time and immediately preceding the time when General Butler gave him this permission to raise a company. 

Mr. MORTON. Mr. Pinchback was in New Orleans, as I understand. Will the Senator state the object of his inquiry 'I I presume 

I understand it. I ask him to be frank about it, and I will answer him frankly. 

Mr. MERRIMON. I will state my obj ect in all fran_kness. I have 

heard it .stated on what I regard as pretty good authority that at 

that time he was in the penitentiary or workhouse of Louisiana for the 

crime of burglary, having been committed there by order of a. provost 

court. . Mr. MORTON. For what crime 'J 

Mr. MERRIMON. I think burglary; either burglary or larceny. If 

the Senator has any information on that subject, I should be obliged 

to him for it, and I am sure the Senate would. 

Mr. MORTON. I believe I am in possession of the information precisely that the Senator seeks for, and supposing the question would 

be asked I brought the papers along. I did not care in my statement to refer to that circumstance, because it is necessarily a. painful 

one, but I am glad the Senator has made the inquiry as a. matter of 

justice to 1\Ir. Pinchback. 

Mr. MERRIMON. It seemed to me a material fact, and therefore I 

inquired about it. 

Mr. MORTON. I have a memorandum here which has been pla.ced 

in my hands containing the facts. 

Mr. Pinchbaek, in the spring of 1862, being· in Memphis, Tennessee, within the 

confederate military lines, heartily sympathizing with the _national efforts to pre- serve the integrity of the union of the States and the authonty of the Fede!·al Gov- ernment so soon as be heard that New Orleans had fallen into theha.ads of United 

States koops, made his way to Louisiana and arrived in the Crescent (;ity May the 12th 1862. Shortly aft r his arrival, under great provocation, he we.s forced 

into a p~rsonal collision with Mr. John Kepper, his opponent being wounded in the 

fight. 

ram otherwise assured that Mr. Pinch back acted simply in selfdefense. He was arrested and gave bail on a. charge of aosault and 

battery; and I am advised t.hat that is the only charge that was brought against him; no bur~lary, no larceny~ no infamous. crime; 

and if any Senator has any eVIdence on the pornt, I am adVJsed by 

Mr. Pinch back that he challenges him to produce it. 

He was plaood under bonds on the charge of assault and battery by Judge Louis 

Gostinel, a civil officer, and so remained until Mr. Kepper recovered. 

The man got well very speedily. 

Pending the proceedings in the civil courts, KepperI am told he was his brother~in-lawat the investigation of parties who were attempting to levy bla<lk mail, caused Mr. 

Pinch back to be arrested on the 22d of May, only ten days after the assault, the 

party having meanwhile recovered, and to be brought beforeProvostJudge Joseph 

M.BelL 

then the military officer who commanded the city of New Orleans, 

by whom Mr. Pinchback, was sent to a prison known as the workhouse. In that prison he remained some time, I do not know how 

long, perhaps a month, or until the matter was brought to the knowledge of the military authorities, and 1\Ir. Pinchback was discharged, 

there being no ground for his detention. I have here a transcript from 

the records of the prison; it is a printed form: 

Name of prisoner, Pinkney Pinchbaek; age, 24; height, 5 ft. 9i ins.; color of 

hair, blaek; color of eyes, blaek; where born, Georgia; ed11cation, educated; oc- cupation, laborer; habits, int~mperate. 

I suppose the fact was at the time this collision occurred both he 

and his brother-in-law were somewhat convivial-a thing which does 

not very oft-en occur in the South, and of course never with white men. [Laughter.] 

When committed, May 23, 1862; time to serve, 2 years; when discharged, July 

28, 1862. 

Mr. MERRIMON. What is the charge'f 

Mr. MORTON. I will find that in another paper perhaps. Here is 

the certificate: 

UNITED STATES OF AMERICA, STATE OF LOUISIANA. 

P ..UUSH OF ORLEANS, 

Oity of New Orleans: 

SECOND JUSTICE'S COURT. 

Personally came and appeared before me, W. L. Evans, second justice of the 

peace in and for the parish of Orleans, Patrick Creagh, a r esident of this city, who. 

being duJy sworn, deposes and says : That in the year of 1862 he was assistant keeper 

of the work-house of the parish of Orleans, Louisiana, and that he knows P. B. S. 

Pinch book; that said Mr. Pinch back was in said year, 1862, committed to said 

work·house by Judge Bell, provost judJ!e of the pariBh of Orleans, for the offense 

of assault and batt-ery; that said Mr. Pincbbaek was so committed to the workhouse without a trial by jury and without having an opportunity to call witnesses 

in his own behalf and defense, and without being heard by counsel, all, a.s this deponent believes, in violation of law and justice; that, soon after said confinement m the work·house as aforesaid and upon a :full and fair statement of his case to Judge Bell, and upon showing that great inJustice had been done Mr. P . B.S. 

Pincliback, .Judge Bell r elr.ased him. Deponent further says that be really believes that Mr. Pinchbaek was committed as aforesaid by Judge Bell through the 

influence of evil-disposed persons who desired to extort money from said Mr. 

PinchUack. This deponent was tQld by one Mr. C. C. Morgan, who at that time was pra<lticina law in said provost court, that if said Pincnback would pay him (Morgan) $500'he would obtain his release, but that Mr. Pinchbaek, conscious of 

his innocence, refused to pay said amount to said Morgan PA~~IC~ ~fuGH. 

Sworn to and subscribed before me this 7th day of .January, 1874. 

W. L. EVANS, 

Second Justice of the Peace. 

Mr. MERRIMON. Is there a blank there for the charge or is it 

inserted 'J 

Mr. MORTON. No, I do not see a blank here for the charge; there 

is no blank for the charge. 

Mr. DAVIS. Will the Senator allow me to see the paper! 
l. 

888 CONGRESSIONAL RECORD. FEBRUARY 4, 

Mr. MORTON. Certainly; I will hand it over. 

I do certify the above to be a true and correct statement, and tbe.only record in 

this in..qtitution regarding the incarceration of Senator P. B. S. Pinchba.ck to this 

place. 

Very respectfully, 

I have here an affidavit which I will read: 

CHRIS. C. CAIN, 

Olerk Oity Work-House. 

I do certify the above to be a true and correct statement, and the only record. 

Here is another affidavit: 

Personally came and appeared b efore me, W. L. Evans, second justice of the 

peace, &c., Robert N . Johnson, a r esident of this city, who, bein~duly sworn, ue- poses and says: That be was the clerk of the city work-house in 1866 and 1867, and 

had char~e of the records, among which was the commitment against Mr. P. B.S. 

Pinchbaca for assault and batteryIt seems the commitment was for assault and batteryon one John Kepper. Knows all the facts. * * * Deponent further states that 

application has been made to the present keeper of said work-house for said com- mitment, but that it cannot be found; therefore he verily believes it is lost o:r mislaid. 

Mr. MERRDION. What was the offense charged f 

Mr. MORTON. .Assault and battery. This affidavit stat.es that the 

commitment was for assault and battery. 

Now I call the attention of the Senate to the fact that immediately 

after, or in a very short time a.ft.er, this had taken place, and he was released, Pinchback was commissioned by Geneml Butler to raise a company; that he raised a company and was in the Army for thirteen 

months, and then resigned because all the officers had become white 

except himself, and his staying was disagreeable. He was then au- thorized by General Banks to raise a cavalry company, which he did 

successfully in the same city at a cost of nearly 1,000, and was then 

refused a commission, after being recommended by the superintendent 

of the recruiting service as being a gentleman and a meritorious officer, upon the ground that the law did not authorize the appointment 

of a negro. 

Mr. Pinch back was elected to the constitutional convention in Louisiana from the city of New Orleans in 1868, and he served in that 

convention with some distinction. When the State was reconstructed, 

he was elected a member of the senate from the ~ity of New Orleans 

for the term of four years. That would carry him over to 1872. In 

1871 the lieutenant-governor of the State, Mr. Dunn, a colored man, 

died, and Mr. Pinchback was elected to :fill the vacancy as president 

of the Senate. By the constitution of Louisiana, when the lieutenantgovernor dies the president of the senate becomes the lieutenant-governor, not ex ojJicio lieutenant-governor, but the constitution declares 

he "shall be the lieutenant-governor." Pinchback served as lieutenant-governor of the · State of Louisiana from the month of October, 

1871, until December, 1872, some fourteen months. When Warmoth was impea-ched in December, 1872, Pinchback became the ~overnor 

of the State under the constitution of Louisiana, and contmued to 

act until his successor, William P. Kellogg, was duly installed in 

office. This I believe is his military and hts official history. 

Now, Mr. President, I wish to state very briefly the points of law 

that I think areinvolvetl in this case. Mr. Pinchback is certified by 

the governor of the State of Louisiana to have been elected a Senat.or to this body for six years, beginning on the 4th of March, 1873. That 

election took place in January, 1873. His right to a seat was ques- tioned here, and one year afterward, when the same Legislature came together, he was re-elected by that body, and the certificate is here in 

the case of both elections. 

In the first place, I insist that Mr. Pinch back has a printa facie title 

to his seat. The certificate of the governor makes a p1'inta facie case, 

which entitles the person holding it to a seat; and if there is any objection to his election as having been informal or fraudulent or not 

by the proper body, that is a question which under the usage of this 

Senate from the very time of its organization is to be inquired into 

afterward. It is the common law of this body, it is the commonlaw 

of the House of Representatives, that the person holding the certificate of election issued by the governor in pursuance of the law has 

ap1·imafacie title to his seat, and if there be objections upon account 

of fraud, informality, or that he was not elected by the proper body, 

they are to be inquired into afterward. Even in the case where the 

question is whether he was elected by the proper Legislature this has 

been the rule. The first case involving that question arose in Rhode 

Island many years ago. In that case the Legislature of Rhode Island, 

then sitting under the old charter, had protracted the existence of the 

State senate one year after the term of the senators would have ex- pired, there having been no election. The Legislature by a joint res- olution continued the existence of that senate as a part of the Legislature for one year, and after its existence had thus been continued 

by a joint resolution the Legislature elected a Senator, and the governor, whose existence depended upon the same action, certified to the 

election. The next summer an election took place, a Legislature 

unquestionably legal was elected, and the new Legislature elected another Senator, and both credentials came to this body. Both applica.nts appeared here claiming a seat. The Senate, under the lead 

of Mr. Clay, from Kentucky, who was then a member of this body, dec] ared that the Senator first elected having the certificate of the gov- ernor had a prima facie t.itle to ·the seat, and that as to whether he was elected by the right body or not was a question that could only 

be inquired into after hE> had taken his seat. Accordingly, Mr. Robbins was sworn in ; and after he was sworn in a very lengthy and 

very interesting investigation followed as ~o whether he wM elected 

by the Legislature of Rhode Island. It was a very close question as to whether the old Legislature had the power to. protract the exist- ence of the senate one year by a joint resoluti<:>n; but it was finfllly 

held that it had that power, and Mr. Rohbins was maintained in.1Js 

seat. 

We have had another case here very recently involving the same question, and that was in the case of Mr. SPENCER, from Alabama. 

·Mr. SPENCER held the certificate of the governor of the State as having been elected by the Legislature of Alabama. Another gentleman came here claiming to have been elected by the Legislature of Alabama. We seated Mr. SPENCER upon the ground that he held the cer- tificate of the governur and had a prima facie case. We then made inquiry in regard to the facts, and we found that there were two pretended legislatures in the State of Alabama, one called the courthouse legislature and the other called the capitol 1egislature. The 

court-house legislature elected Mr. SPENCER and the capitol legislature elect.ed Mr. Sykes. So the committee reported, and the Senate 

decided that Mr. SPENCER was elected by the lawful Legislature of 

Alabama. 

In the House, I believe, the same rule has-prevailed, that the mem- ber having the certificat e of the governor has a prima facie case, and 

when it is alleged that he was not properly elected, or elected by 

fraud. or that the election was in any way illegal, that is a question 

that is to be examined after that time. 

I know, Mr. President, there is an old controversy in regard t-o the election in Louisiana in 1872. That I do not care to go into now. Of course I shall follow the discussion if it becomes necessary. It is 

enough to say that Governor Kellogg has been recognized by every 

department of thi~J Government-by the President, by the Senate, and 

by the House of Representatives. 'fhe presentHouse,alargemajority 

being democratic, have recognized him in the fullest and in the most 

ample manner as the governor Qf the State by seating on his certificate, after sharp resistance, I believe, two members of the House 

whose only title was that they held the certificate of the governor of 

the State of Louisiana. What there was behind that the House did 

not know. Objection wa.a made that Kellogg was not the governor 

of Louisiana, but the House decided that he was the governor of 

Louisiana by recognizing the certificate and placing two members in 

their seats by virtue of it. Here we have a recognition by a democratic House of Representatives in the fullest possible manner. There 

is no room for nice distinctions or for hair splitting so far as the ac- tion of the House is concerned. With a full knowledge of all the 

facts the House of ~epresentatives placed those two members in their ~~L . 

I may say that Governor Kellogg has been recognized by all the · courts in Louisiana time and time again by the lower· courts and by 

the supreme court, I believe, of the State in several decisions. The 

Legislature of Louisiana has been recognized by the highest courts in 

that State as being the lawful Legislature of the State. This Legislature that elected Pinchback passed more than two hundred statutes 

which are to-day recognized as the laws of Louisiana, and are en- forced in all the courts, one of which has been recognized by the Supreme Court of the United St ates. 

Mr. WEST. And submitted constitUtional amendments to the people that have been ratified. · Mr. MORTON. The very Legislature that elected Mr. Pinchback 

submitted several constitutional amendments to the people which were ratified by the votes of all parties, and have since been put into 

operation by laws enact-ed for that purpose, acting even with regard 

to the most in1portant interests t'f the State with reference to their 

public debt. I may here say, I suppose, in general terms, that the 

courts of Louisiana and the people of Louisiana of ~parties have 

recognized Governor Kellogg as the governor and the Legislature that 

elected Mr. Pinchback as the Legislature in every particular except 

one, arid that one is simply the election of P. B. S. Pinch back. Amendments of the constitution in regard to the city of New Orleans, a city 

under democratic government, asked for by the leading men of that 

city, were tendered by the same session of the Legislature electing Mr. 

Pinchback and ratified, and under which the city o£ New Orleans !8 now conducting its government. 

I have frequently argued the question before the Senate, and I do 

not propose to do it now, that so far as members of that legislature are concerned and the State officers, their title is to be determined by 

the State tribunals appointed for that purpose. '.!'he State returning 

board, authorized by law for the expres~ purpose of counting the votes, had exclusive jurisdiction·upon that subject, so far as the State 

officers were concerned. The Legislature, of course, after it convenes and organizes, is made the judge of the qualification and election of 

its own members. The State courts have pa.a ed upon the State elections by recognizing the governer and the Legislature and the legality of the board that counted the vot-es, and the general rule of law is 

that the Supreme Court of the United States will follow the deci ions 

of the State courts upon any question arising exclusively. under the 

constitution and laws of a State. That was held very fully in the case of Luther vs. Borden, and has been frequently recognized :w the 

law. 

There has been trouble down there, 1\Ir. President; ther have been 

things done o~ both side-s that I cannot jnstify; but I want to say 
1876. CONGRESSIONAL RECORD. .889 

right here that the root of all the trouble in Louisiana grew out of a conspiracy and a combination to subvert 'a notorious republican ma- jority of from fifteen to twenty thousand, by violence and fraud. That 

State was republican in 1872 just as notoriously as the State of Kentucky was democratic in 1875, and there is abundance of evidence 

upon the record to show that a scheme as formed, not only formed 

but avowed, to subvert and defeat that well-known majority and to 

put the democr;ttic party in power. I do not say that everything that was done to defeat that scheme was right; I do not intend to be drawn 

into the j~tification of anything that was wrong; but I say here today that the origin and root of this whole trouble was a foul con- spiracy to rob the people of Louisiana of their political right-s and 

defeat and to overwhelm a well-known majority of from fifteen to 

twenty thousand-a scheme that has been recently followed in the 

State of Mississippi, and a scheme, too, that was followed in other 

States and is threatened to be pursued in other elections yet to come. I will not now advert to the sad history of Mississippi during the 

last campaign and election. Louisiana was not alone; Mississippi was not alone. I have here the statement and the confession of one of the most distinguished citizens of the State of Georgia, recently 

made, as to the course that was pursued in that State. I refer to it 

to show that it was somewhat of a general policy in those States. 

Robert Toombs, once a member of this body, a man of distinguished t~lents, now perhaps the most distinguished citizen of Georgia in 

many respects, made a speech before the members of the Legislature 

of that State the other day, only about a week or ten days ago, in 

the city of Atlanta. He addressed the members of the Legislature 

and a large mass of people. I have here a v~rbatim report of his 

speech in a democratic newspaper, the Daily Constitutionalist, showing that he spoke the sentiments of that people, that he was ap-· plauded to the very echo, and that, whatever may be said here, the 

sentiments and the facts stated by Robert Toombs in that speech were indorsed by the unanimous and hearty plaudits of his auditory. 

I do not read this on account of the bitterness of Mr. Toombs; we all know that he is a bitter man; but that he does to-day represent 

what may be called the vital part of the democratic party of Georgia, 

of Mississippi, and other southern States, I do not doubt for a moment; 

but I read this extract from his speech for the purpose of getting his 

evidence as to a fact, a fact understood at the time and believed by 

most of us. I now q note simply his testimony without regard to any 

violent sentiments he utters against the republican party or the people of the North. 

Mr. Toombs said: 

We got a good many honest fellows into the first Legislature, but I will tell you how we got them there. I will tell you the truth. The newRpapers won't tell it to you. We got them there b:y caiTyin.,. the black vote by intimidation and bribery I 

[laughter,] and I helped to do it! fAppla.use.] I would have scorned the people if they had not done it! And I will buy them as long as they put beasts to go to the ba'ilot-box I [Cheers.] No man should be given the elective franchise who bas not the intelligence to use it properly. The rogue should not have it, for govern- ment is made to punish him; the fool should not have it, for government is made · to take care of him. Now, these miserable wretches-the Yaii.kees-have illjected five millions of savages into the stomach of our body-politic~, and the man who says he accepts negro suffrage, I say accursed be he! [Cheers.J I will accept every- thing, I will accept Grant and empire, before I will accept such a democrat. [Ap· plause.] The poor, ignorant negro-talk of him governing you and me I It takes the highest order of intellect to govern the people, and these poor wretches talk of 

governing us I Why, t.hey can't perpetuate their own negro power. In the coun- tries where they were in the maJority they did not preserve th"ir p•wer and per- petuate their rule. My r emedy helped us to break that up. We carried them with us by bribery and intimidation! I advised it.and paid my money for it! [Ap- plause.] Youallknowit, butwon'tsayit. But I will say it, for Ifearnoman, and am prel?ared to render an account to none but the great Judge, beforewhomimust 

appear m a few years, for my enemies have thought my services to my country so great that they have done me the honor to exclude me frOm again serving my people. 

There is very much in this speech that would be interesting as illustrating the condition of feeling in Georgia and other States, the exist- ence of which I regret as profoundly as anybody. · Now, Mr. Presi<lent, I have concluded about all that I intended to 

say. You are now called npon to decide this question, and I hope will 

do it promptly. The State of Louisiana is entitled to be represented. 

Shall tlie men who contrived the scheme of 1872 reap the fruits of 

itt Pinch back has been kept out of his eeat, and there is now a democratic Senator knocking at the door asking for admffision. I undertake to say that it is one or the •>ther. The State is entitled to be 

represented. If Mr. Pinch back is not elected, then the present Legislature is entitled to fill tbe vacancy. I do not hesitate to say so; and our democratic friends understand full well that, after Mr. Pinch back 

has been rejected, if he should be rejected, republicans will not stultify themselves, after a decision like that, by keeping the State unrepresented. Distasteful a.s this gentleman might be to us politically, 

distasteful as his military record might be to us, still if there is a vacancy that the present Legislature has filled by his election he is 

entitled to his seat, without now going into the particular circumstances of his election. If irregul.arities should be found in that, it 

would simply devolve on the Legislature the necessity of having an- other election, and the result would be precisely the same. It does seem to me that we cannot refuse to Mr. Pinch back his seat, 

except by the violation of principles of law that have been recognized 

and acted npon in this body from the time of its organization and in 

the other House, and I may say in all elective bodies in this country. 

EXECUTIVE SESSION. 

Mr. CAMERON, of Pennsylvania. Mr. President, I move that the 

Senate now proceed to the consideration of executive business. 

The motion was agreed to; and the Senate proceeded to the consideration of executive business. After thirty minutes spent in execu- tive session, the doors were re-opened. 

DISTRICT 3.65 BONDS. 

Mr. SHERMAN. I move to take up the joint resolution relating to 

the payment of interest on 3.65 bonds. 

The motion was a!ITecd to; and the Senate resumed the consideration of the joint reso1ution (H. R. No. 52) directing the commissioners 

of the District of Columbia to pay the interest on the bonds issued in · pursuance of the act of Congress approved June 20, 1874, out of any 

funds in the Unite<l States Treasury subject to the requisition of said 

commissioners, and for other purposes. 

Mr. SHERMAN. I now ask leave to withdraw my motion to recon- sider the vote on the amendment of the Senator from Connecticut, 

LMr. EATON.] I do not desire longer to delay the passage of the joint 

resolution; and as I find the matter will lea;d to debate; I ask leave 

to withdraw the motion to reconsider. 

The PRESIDENT pro tempore. If there be no objection the motion 

to reconsider will be withdrawn, and the amendments made as in the 

Committee of the Whole will be considered as concurred in. 

The amendments were ordered to be engrossed and the joint reso- lution to be read a third time. 

The joint resolution was read the third time, and passed. 

Mr. STEVENSON. I move that the Senate adjourn. 

The motion was agreed to; and (at two o'clock and twenty minutes 

p. m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

FRIDAY, February 4, 1~76. 

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

I. L. TOWNSEl\'D1 D. D. 

The Journal of yesterday wa-s read and approved. 

DELEGATION OF VIRGTh"'A. LEGISLATURE. 

Mr. DOUGLAS. I a-sk unanimous consent that the pri.;.ileges of 

the :floor be extended during to-day and to-morrow to a delegation 

from the State of Virginia, composed in part of a deputation of the 

joint committee on immigration of the Legislature. 

The SPEAKER. If there be no objection the request will be 

granted. 

There was no objection. 

CffiCUIT COURT IN CALIFORNI,A.7 OREGON, AND NEVADA. 

Mr. KNOTT. I am instructed by the Committee on the Judiciary 

to ask unanimous consent to report back, with an amendment, for 

consideration at this time, Senate bill No. 53, :fixing the timeof holding the circuit Cl)urt of the United States in the districts of California, 

Oregon and Nevada. It is highly important that the bill and amendment should be acted on immediately, so as not to interfere with the 

t.er of the district court of California which will commence next 

Monday week. 

The bill was read. It provides that a term of the circuit court of 

the United States for the districts of California, Oregon, and Nevada 

shall be held as follows : For the district of California, on the first 

Monday of February, second Monday of July, and fourth Monday of 

November in each year; for the district of Oregon, on the second 

Monday of April and the :first Monday of October in each year; and 

for the district of Nevada, on the third l\Ionday of March and the first 

Monday of November in each year. These terms respectively are to 

be in place of those now provided by law. 

The second section provides that the act· shall take effect on the 1st 

day of February, 1876, and repeals all provisions of law inconsistent 

with it. 

The amendment of the committee, which was read, wa-s to strike 

out near the beginning of the second section the word" February," 

and insert " March." 

There being no objection, the amendmeftt was agreed to; and the 

bill, as amended, was ordered to a third reading, and read the third ti~ . 

Mr. HURLBUT. I wish to suggest to the chairman of the Committee on the Judiciary [Mr. K.."iOTT] whether it is. not necessary to insert a clause to provide for continuing recognizance and process for ~he 

new termsf 

Mr. KNOTT. That is already provided for. 

The bill was passed. ORDER OF BUSINESS. · 

Several MEMBERS called for the regular order. 

ThA SPEAKER. The morning hour begins at twenty-two minutes 

past twelve o'clock. The regular order this morning is the call of 

committees for reports of a private nature. 

Mr. LAWRENCE. I suppose that the bill which was pending when 

the morning hour expired yest erday comes up first. 

The SPEAKER. 0, no; that will come up in a morning hour not 

devoted by the rules of the House to other business. The morning hour of Friday is assigned to the consideration of private business.