The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-08

Mr.. BAYARD, (dem.) of Del, asked unanimous
con TO nave vote taken on his motion to al
low the minority OF the New York Custom House In
vestlgatlng Committee to print their views during
the recess.
sERLY, tdem.) OF CAL, arose and was appealing to
Mr.. Cole merely to allow the vote to be taken, hut
Mr.. Conkling refused to allow him to proceed.
THE SuNDRY CIVIL APPROPRIATION BILL
was then taken up. The motion OF the committee
to strike out the sixth section, allowing pay to mail
contractors In the rebel States prior to May 81
1861, was carried by vote OF 2s to 81 The amend.
ment OF the committee to allow credit to the Col
lector OF the Port OF Chicago in the settlement OF
his accounts Of such sums in coin and currency as
may have been lost during the fire In that city was
agreed to. The amendment OF the committee ap-
proprating S251,055 81 to restore to
THE CREEK ORPHANS OF 1882,
certain funds to which they are entitled under the
treaty with the Creek nation of March a. 1882, was
discussed at length.
Mr.. MORRILL,, trep) OF Me-, moved an amendment
that the sum named in the appropriation be In
cent bonds of the United States to be held in trust
Tor said orphans, the interest thereof to be paid
TO sad orphans or their legal representatives,
Agreed to.
The question then being on agreeing to the
amendment Of the committee as amended IL was
reJected-yeas II, nays 25.
A PENSION VETO.
A message was received from the President re-
turning without his approval the bill for the relief
OF Thomas Wallace and giving his reasons therefor,
which was read and referred to the Committee on
Claims
The veto message is as follows:-
TO THE SENATE OF THE UNITED STATES
have the honor to return herewith the Senate
bill No. 500, entitled San act for the relief of
Thomas Il. Wallace, OF Lexington, In the State of
Missouri" without my signature This claim,
is of the same nature and character as the claim of
DR.. j. Milton Best, which was returned to the
Senate on the LIST instant without my signature.
The same reasons which prompted the return OF
that bill for reconsideration apply to this case,
which also is a claim for compensation on account
OF the ravages of the war, and comes under the
municipal law that all property Is held subject not
only to be taken by the government for public uses,
United States the owner is entitled to
part compensation, but also subject to be
sropeG 9G mes or cre sveh nu nGu onS ne
and when the public safety demands it; and in the
latter case governments do not admit u legal obli-
cation ON their part to compensate the owner.
The temporary occupation OF, injuries to and
destruction of property caused by actual and
sary military operations are generally conceded to
all within the aforementioned principle, and If u
government makes compensation under such cir
cumstances It Is matter OF bounty rather than of
strict legal right. III be deemed proper to make
compensation for such losses l renew my recon-
incubation that provision be made by general legis-
latiOn for all similar cases. U. 3. GRANT.
EXECUTIVE MANSION, June Z 1872
Mr.. COLE, Qep) OF Cal, moved an amendment
authorizing the Secretary of War to extend the
signal service to take observations for the benefit
OF agriculture. Agreed to.
THE CORLISS CLAIM.
The committee amendment providing that the
Secretary of the Navy pay the unquidated debt
now due the COrss Steam Engine Company for
steam machinery furnished under contract with the
Navy Department., amounting to $257,6S was dis
cussed with reference to its admssbility as an
amendment to the bill under consideration, and
was ruled out
UNExPENDED BALANCES.
Mr. MORRILL,, (Rep) of Vt, moved an amendment
modifying the provisions of the act of July s. 1870,
requiring all unexpended balances OF appropra-
tons for public buildings to be covered into the
Treasury at the end OF the year for which they were
appropriated so as to allow such balances to be ex-
n n M
limit mentioned In the law
Pending action on the amendment the Senate, at
quarter to five p. NJ, on the motion OF Mr.. Stock
ton, proceeded to the consideration Of executive
business, at the close Of which recess was taken
until hafpast seven p M.
Evening Session.
Mr.. WILSON, repD of Mass, from the Military
Committee reported the House bill relative to re-
tired officers Of the army and repeating the thirty
second section of the oct of july 20, 1866. Passed.
THE SUNDRY APPROPRIATION BILL
was taken up, the question being upon tho adop-
ton of the amendment offered by Mr. Morrill,, OF
Vermont, to repeal so much OF the act OF July g.
1870, as prohibits the use of the uncxpended
balances of the appropriations for public buildings
beyond the year for which they were appropriated.
Mr.. MORRILL, submitted modification removing
the restriction from all the public buildings how In
course of construction so far as relates to the
present unexpended balance
The modified amendment was agreed to.
Mr.. MORRILL, (rep.), OF Me-, offered an amend
the decoration Of the Capitol with works Of art.
Agreed to.
Mr.. MORRILL,, of Me-, offered an amendment ap-
proprating $4,000 for the publication OF the VOL
umes of Wilkes Exploring Expedition. Agreed to.
Mr.. CoNKLING rep.) of N. Y, on behalf OF the
Committee on Commerce &c, offered amendments APP
propratng $4,000 for the erection OF lighthouse
at Green Bay, Wis.,; $4,000 for lighthouse at the
entrance to White River, Mich, and $4,000 for
lighthouse at Charlotte Harbor, on the West Coast
of Florida, which was agreed to-.
Mr.. KELLOGG, !repl OF La, offered as an amend
ment substantially the supplemental Enforcement
act already passed by the Senate this session. re-
moving the restriction OF the provisions Of the
original enforcement act to places having 10000
population and upward, and extending them to
all voting precincts
Mr.. CAssERLY raised the point or order that this
amendment was not in order, under the rule that
amendment to an appropriation bill shall be re-
ceived, making legislative provision other than
such as directly relate to an appropriation con
tanned in the bill.
The CHAIR (Mr. Anthony overruled the point of
order.
Mr.. THURMAN, dem. OF ohio, appealed from the
decision of the Chair, and said that if an amend
ment like this, extending the provisions of the En-
forcement act all over the country could be enter
tanned on this bin, then the rule meant nothing
at all.
Mr.. CAssERLY said the reception of this amend
ment was gross violation of both the spirit and
Mr.. TRUMBULL read the rule, and said nothing
could be clearer than that under 1t this amendment
was out OF order.
Mr.. CoNKLING argued that it was in order
The vote was taken on the appeal and the decis-
ion of the Chair was sustained-yeas %, nays %.
Mr. THURMAN then moved to indefinitely post
pone the bill, and said that under the decision to
which the Senate had now come every statute
passed since the foundation of the government, on
whatever subject referred to in this bill, open
to amendment or repeal, and all under the restric-
tive five minutes rule. He would thousand times
sooner have the previous question of the House of
Representatives. Senators may smile and think
THIS is A VERY SMART TRICK,
but 1t Is a proposal to stife free speech In way
that was never before known In this world. The
whole body OF the statute laws OF the land are
placed at the mercy OF a numerical majority, with
out allowing any debate. Better adopt the rule OF
Louis Napoleon at once and establish military
despotism. Better place the country at once under
the rule OF Ulysses the Silent, for this Is step In
that direction II this arbitrary rule is to prevail
1t is the end OF all freedom OF debate the Ameri-
Senate. 1t Is the death knell OF liberty In this
country, for
FREE SPEECH rs NECESSARY TO LIBERTY.
He appealed to the majority rather to extend the
session than to overthrow the last refuge OF the
minority.
Mr.. SUMNER, trep.) of Mass said he thanked Mr..
Thurman for what he had said. He (Mr. Sumner)
agreed with him that under this ruling even the
Civil Rights bin could be moved an amendment.
(Laughter) That was bill well known In this
chamber. Qaughter) He now moved 1t, pure
and simple (Laughter.l
Mr.. BLAIR moved to adjourn. Lost-nays 80,
yeas 10.
Mr.. CAssERLy, DENY OF CAL, regarded Mr..
.fyxxx Al. 49,