The Portland daily press., 1874-05-13
Forty Third Congress-First Session
SENATE.

Arts to import and retain for two years certain
works of art free of duty. Passed
Mr.. Anthony introduced resolution direct
ing the Committee on Pnblic Buildings to de-
s.gnate in the capital grounds a site for an
equestrian statute of Gen. Nathaniel Green IN
conformity with resolution of the Continental
Congress passed in 1856. Agreed to.
MI. Scott, from the Committee on Railroads,
to incorporate the Texas Pacific Railroad with
an amendment in the nature of a substitute.
Placed on the calendar.
Mr.. Logan. from the Committee on Military
Affairs, reported favorably on the bill amenda-
tory OF the act to increase the pay OF soldiers
of t he army. Placed on the calendar
Mr.. Frelinghuysen called up the bill grant
ing site to the Peabody school at st. Angus
tine, Fla.
Mr.. Edmunds submitted an amendment pro,
vding that if there should be any one exciudeo
on account of race color or previous condition
of servtude, that the grant should revert TO the
United States. The bill was laid over.
MIR. Scott from the Committee on Finance,
reported an amendment to the new finance olll
which proposes to strike out the following
words in the I'd section. 'And each National
Banking Association now organized or here
after to be organized shall keep and maintain
as part of its reserve One-foufth part of the
coin received by it as interest on the bonds OF
the United States deposited as security for cir
culating notes or government deposits" and 10
of said associations shall keep and maintain as
part of its lawful money reserve one-thlrd OF
the coin received by it as interest on the bonds
of the United States deposited as security for
circulating notes or government deposits. ur-
less such associations shall elect to exchange
snch proportion of coin for the bonds of the
United States of the character heron provided,
from which shall therefrom until the first day
of January, 1873, be delivered to them by the
Secretary of the Treasury, and which may af-
torxxr dc ha ha1d hxyCr Cr,rh oiatin nd
s.dered as part of its reserve, three per cent.
only of the interest upon which bonds shall be
paid to such association or to any holder there
of, and the remaining two per cent. shall be
restrained by the Secretary of the Treasury
and the whole amount of gold thus received
shall be applied by him exclusively to the pay
ment of the peg cent. 20 bonds of the Unit
ed States" Ordered that the amendment lie
ON the table and be printed.
The Senate resumed the consideration of the
Geneva award bill, the pending question being
on the amendment of Mr.. Thurman to strike
out the clause excluding the claims of Insur-
ance Companies
Mr.. Schurz said the dealings of this govern
ment with money derived from the Geneva tri
bunal should be marked by strict fairness, and
every effort be made to carry out the spirit of
that tribunal The situation and p licy of the
United States was such that it might be ex-
pected that this country would remain neutral
in the great conflicts of the world, and it would
be to our interest 70 carry out the spirit OF that
tribunal and carefully guard against any vague
nations of national losses or national indemni-
ty. If such precedent should be established
as the I'LL proposed it might be very tt uble-
some for us if we should ever as neutral
power, become involved in similar difficult
ty;.
more consideration than it was receiving. 1t
involved nearly $17, 100000 in me ney, but mat
ters beyond mere money considerations were
involved in it. The distribution of the Geneva
award concerned tie dignity, the reputation
and the discretion of the American nation.
The affair had become memorable throughout
the world He did not consider the pending
bill as wise as it might have been made The
bill was inconsistent with itself, it being an
attempt to do absolute, original equity and
ignore the very principal. He did not see
the Shenandoah a month before she entered
Melbourne should be turned away on one
ground or on the other should be taken. If
Congress had unbounded discretion to give this
money to whom it pleased, then the bill before
the Senate was too narrow to satisfy the judg-
ment or conscience of the American Senate.
If on the other hand, the money was to be dis
tributed as intended by the arbitration, the
course of Congress was plainly defined by all
well settled principles of law aud equity. He
would support the amendment of the gentle
man from Ohio (Thurman.) He announced
fishing special court, and said some regular
court should be selected for The adjudication of
the claims aud the right of appeal be given.
He favored the plan of the House bill. and said
he would probably offer an amendment similar
thereto. Certainly the underwriters should be
allowed to have their say in the court.
Mr.. Frelinghuysen said in the distribution of
this relief the money should go to indemnify
those who lost by the war. If an insurance
company lost by the war let it be indemnifed
tod ata,,t
out of the award and expressly provided that
he should have only an indemnity. Why should
an insurance company have more than indem-
nifty?
MI Stockton gave notice that he would offer
an amendment to the 18th section forbiddiug
the allowance of claims where the party injur-
ed had received indemnity from any insurance
company, so as to provide that no claim shall
be allowed in behalf of any claimant unless
such claimant shall show to the satisfaction of
tie court that during the late rebellion the sum
of his losses exceeded the sum of his claim. He
saw reason why fish should be made of one
set of claimants and flesh another
Mr. Boutwell, said insurance was distinct
business as well as commerce and if Congress
compelled insurance companies to exhibit
balance sheet, upon the same principle it
should compel merchant to exhibit his and
see ii his profits were augmented or diminish
ed. The insurance companies might under the
provisions of this bill show upon their balance
other confederate cruisers for which it had been
declared Great Britain was not responsible.
Mr.. Wadleigh favored the provisions of the
bill as reported by the committee upon the
ground that insurance companies had been
compensated by the heavy premiums they re-
ceived.
Mr. Edmunds made long argument in reply
to the objections against the BILL and main
tanned that the principles of the bill have been
settled by judicial Indications in the United
States for many years. He quoted from Judge
Story's and others decisions in the case of
American vessels destroyed in the war of 1872
and cOntended that the wrong committed by
Great Britain was not against individual citl-
zens but against the nation, and that was the
principle which governed the presentation of
our case at Geneva, and he said no nation
would or could with respect submit the ques-
tioBs of its relations or obligations of its own
citizens to foreign tribunal.
The question was then taken on the amend
ment of Mr.. Thurman to strike out the clause
excluding the claims of insurance companies.
and it was agreed to, yeas 81, nays 81 as fol-
Ows:
Yeas-Alcorn, Allison, Bayard, Bogy, Bout
well, Buckingham, Conkling, CoDover, Cooper,
Cragin, Davis, Dennis, Fenton. Goldthwate,
Gordon, Howe, ingalls,, Johnstone, Jones,
Merrmon, Morri of Vt, Norwood, Ransom,
Robertson, Salisbury, Schurz, Sherman, Stock
ton, Thurman Upton and Washburn-31.
Navs-AnthOny, Boreman, Carpenter, ,Chand-
Ter, Edmunds, Ferry of Mich, Frelinghuysen.
Gilbert, Hager Hamilton of Texas, Harvy.
Hitchcock, Kelly, McCreary, Mitchell, Morrill,
of Me-, Oglesby. Pratt, Ramsey Sargent, Scott.
Sprague, Stewart, Woodlegh, West, Window
and Wright-27.
Mr. Sherman offered an amendment that all
claims provabl, or to be allowed under the act
should be estimated and adjudged upon the
basis of United Stated gold coin at the time of
less. Agreed to, yeas 81, nays q.
Mr.. Sherman offered an amendment author
izing the Secretary of the Treasury to pay
the judgments of the court created by the bill,
in coin, and for the purpose of raising such
coin directing him to issue and sell bonds of
a similar character to the new five per cent.
bonds.
The amendment was agreed to.
Mr.. Coukling said the first ten sections of
the bill related entirely to the organization of a
special court and provided the necessary ma
chiuery for its management He therefore
moved to strike out those sections and insert in
lieu thereof the provisions of the House bill
comforting the jurisdiction upon regular Cir
cult Court of the United States to be selected
by the Prefident within sixty days after the
passage of the act. The amendment was re-
jected. Yeas 3d. nays "a.
A large number of amendments were offered
and rejected.
Mr. Morrll of Maine, three times offered an
amendment providing that all claims for losses
sustained by Anglo rebel pirates with war in
surance premiums be examined This was re-
jected, q to q.
pences incurred in negotiating the award be
fret daJu to6