The Portland daily press., 1872-04-25
XLIID CONGRESs.-SECOND SESSION.
SENATE.

that he be admitted to his seat No objection
being made Nh. Ransom came forward and wa
sworn in. .tk u FL "a sl4- rH
d Mr.. Thurman said that now for the first sine
1861, every seat was filed and every State rep
resented fact upon which the Senate AM
country might well congratulate themselves.
Mr.. Buckingham, from the Committee oil
Commerce, reported with amendments, tn,
House bill for the protection of seamen by ap
pointing shipping commissioners ETC.
Inc legislative appropriation bill was takeI
up and after debate recommtted.
A resolution giving the salary from the 4th Of
March, 1871, to April %, 1872, and mileage tt
MI Abbott of North Carolina, was passed.
The report of the Senate Privileges and Elec
ton Committee on the House resolution de.
claring that the substitution by the Senate of a
bill to reduce existing taxes for House bill re-
pealing duties on tea and coffee, was unconsti
tntional and notifying the Senate that the same
has been laid on the table, presents an extend.
ed argument on the clause of the constitution,
which reads: "All bills for revenue shall orig
mate in the House, but the Senate may pre-.
pare or concur with the amendments as in
other bills"
Resoloed, That the Secretary of the Senate
be, and he is hereby directed to deliver copy
OF this report to the House of Representatives.
The deficiency bill was taken up, the pending
question being on Mr.. Bayard's motion to lay
on the table the amendment of Mr.. Morrill, of
Vt, restricting the jurisdiction of the Court OF
Claims in suits for the value of captured and
abandoned property to cases commenced with
in two years after the suppression of the rebel
lion, and in which the claimants prove they
never gave aid or comfort to the rebellion. The
vote was yeas %, nays %. The Vice President
-,oted in the negative and the motion was lost
The question required on the amendment and
Mr. Fill spoke against and Mr.. Trumbull fav-
ored il
Mr.. sherman said that if Congress had not
limited the jurisdiction of the Court of
Claims 70 claims brought by loyal men or could
not limit it he was in favor of abolishing the
court
Mr.. Alcorn moved the following amendment
to the pending amendment: Provided that the
provisions of this section shall not extend to
claims for property seized or taken by the mill
tary forces of the United States, or any officer
of the same or seized, taken or impressed by
any agent or agents of the United States gov
eminent, at any time after the proclamation of
the President declaring that tbs war had
ceased, but claims for property 10 seized or taxi
en- may be prosecuted before the Court eff
Claims by any citizen of the United States at
any time within twelve months from the APP
proval of this act
Messrs. Howe and Sherman said that in the
cases described in this amendment nobody,
whether of loyal OF disloyal antecedents, could
have a remedy through the Court of Claims.
Mr.. Alcorn advocated his amendment
Mr.. Ames, from the Committee on Military
Affairs, reported bill to repeal so much of sec.
of the army appointment act of 1869 as pro-
hibits promotion in the staff department of the
army, with proviso that nothing herein shall
authorize new appointment to places made va
cant by promotion under this act. a...
AT 4-30 the Senate went into executive ses-
sion and soon adjourned.
HOUSE.
A report from the Committee on Printing re-
commencing the publication of 10, 900 copies of
the American case presented to the Geneva Ar
bitrators produced considerable stir in the
House, Messrs. Brooks and Cox of New York
and Others asking questions and making sug-
gestions. .. -.r..t ..-.f
Mr. Cox wanted the printing to include the
counter case and all correspondence.
Some members suggested it would cost $780,
900, and Mr.. Cox asked what was the use when
Congress was going to back down. s'.n
MIR. Roberts of New York-Tnere will be no
backing down.
Mr.. Butler of Observation-Disclosures is the
use OF printing gone case.
Mr.. Banks-My colleague has no right to as
sumo, it as gone case. IN 81 sa..-llii -..i
After further discussion substitute to print
10000 copies was rejected and the resolution to
print q 900 copies was agreed. 1l be s.
Mr.. Dawes Of Massachusetts, gave notice that
he should move at the first opportunity to take
the tariff bill and that he should object to every
thing else not in order. LIoa4
Mr.. Randall of Pennsylvania gave notice that
he would object till the case of DR.. Howard was
acted Oh. -.t '.s..t
The Goat Island bill was taken up and a, mo-
ton to table it negatived-79 to &C.
Mr.. Holman (of Indana) first amendment
requiring minimum annual rental of $4,000
was rejected, yeas IS, nays SO.
The Republicans who voted for it were Messrs.
Amber Banks, Beatty, Bixby Burlington,
Finklenburg, Garfield, Ravens, Hay I'll J,
Killinger, McCrory, Monroe, Shanks, Speer
(Ga.), Sprague, Stevenson, Stoughton, Strong,
Tyner, Epson and Walden.
The Democrats who voted against it were
Messrs. Barnum, Garrett, McHenry Mitchell
Slocum and Voorhees,.
Mr.. Holman's seconds amendment requiring
the company to refund the interest paid on
bonds was also rejected, yeas 70, nays go.
The substitute was agreed to without discus
sion and the bill as thus amended passed, yeas
101, nays So.
In addition to the Republicans named above
the following voted against the bill: Bingham,
Butler of Massachusetts,, Foster of Michigan
Maynard, Smith of Ohio, Wilson of Indiana
and Wilson of Ohio.
of the bill be changed SD as to make it read: "a
bill to give to a railroad company over $1,000
600 of government property without considera-
ton.
The resolution to pay Mr.. Gooding dem. J.
the unsuccessful contestant of the seat of Mr.
agreed to. .-al
Mr.. Banks of Massachusetts called up the re.
port of the Committee on Foreign Affairs, II
the case of Dr. Howard, with the resolutions
thereon. VI ...t-
Resolutions already published recite facts in
the case and say that the President SHOULD
promptly demand DR.. Towards unconditional
release and the restoration of his property BY
the Spanish authorities.
Mr.. Banks of Massachusetts stated fact
claiming that DR.. Howard was an American
citizen and should be tried before a court OF Law
on any charge preferred against him, and no
by military court martial.
Mr.. Berry of Ohio enquired whether it wa
not incumbent on those who claimed that DR.
Howard was not Spanish subject after resid
ing in Cuba continuously for twenty-eight year
to prove it.. sssFl Ers ..
Mr.. Banks replied, that the Spanish govern
ment was bound to show that the man was sub
ject to its law The committee claimed tina
Howard, having been domiciled there would bt
obliged to obey the laws of the Spanish gov
eminent in Cuba and was liable to punishment
if he did not, but he had the right to be tried b.
judicial tribunal and not by military court
But he had been SO tried in time of prOfOun
peace when there was no necessity for resortin
to that tribunal.
Mr. Amber, a member of the Committee OIL
Foreign Affairs, argued against the resolution
that the question was, whether Howard, at tn
time of his seizure by the Spanish government
was citizen of the United States. If he was
then he conceded that there had been viola
ton of his rights as citizen. In the matter G
his trial and that the Spanish government wa
bound under the treaty of 1885 to furnish th
United States government with copy of tn
record of the proceedings, which it had nc
done. His own conviction was that citizenshi
had not only its rights, but its duties, and h
was not aware that during the late war in thi
country this man had assumed to have or t
nl,orO duty 10 In Of !,
United States His father a Frenchman, ha
emigrated to this country in 1903 aud was mai
uralized in Philadelphia, where DR.. Howar
was born, but had subsequently settled in Cub
as colonist and received lands from the Spar
ish government as a colonist for himself an
wife and each of his children. His father hs
thus lost his rights as a naturalized citizen, an
if so his minor children lost their rights at tn
same time. No lawyer would dispute that prop
osition. He argued that this government hel
to the right of expatriation. The anin,us nat
Ue,ldi was always to be inferred from length
not pretence that after this man had gradu
ated in this country and returned to Cuba b
had ever declared any, intention of coming bao
to the United States, and even II he had tina
would not have weighed anything against
| permanent residence.
| In point of fact this man had been in Cub
since 1S22-ffty years---and had never durin
that time become and American citizen, and fl
| % years had never set foot ON American sol
He denied that any case could be found in an
law-book to justify the claim that this ma
| was an American citizen.
| The claim was an impossible one. The Stat
Department has baen inclined to stretch its al
thority and had been endeavoring to interpos
its kind offices between DIR. Howard and I'll
bloody tyranical government which was III
undoubtedly expressing him. Before this GO
| eminent interfered as a nation it should
sure it had the right to interfere.
MIR, Garfield of O., suggested that this go
eminent was resisting the claims made again