The New York herald., 1878-02-09
HERALD SATURDAY FEBRUARY 878-TR1PLE SHEET

to pay William H. Newman and L. A. Van Hoffman,.
oi New YORK. In fu compensation for the use OF The
rioneer Mills In Alexandria by The United States
thorites during the late war;
The bill was advocated by Mr. Hunton. oi Virginia
Mr Finlay. OF Oho Mr. Robinson OF Indiana. and Mr..
wilson. o West Virginia, aud opposed by Messra
jones' OF OHIO, and Conger, Of Michigan In the course
OF tue discussion Mr.. Tildcns letter adverse 70 the
payment OF war claims frequently alluded ".
Mr. CoSGER, uepj OF Mich, IN his opposition to the
bill declared that II thcre ever was . cass where
houses and lands and mills and all other property
oil CITY had been captured in II the OF
the CITY Of Aiexandria That city nad been captured
oy the troops OF the United States when the bravo
and iamented Ellsworth was shot down, and had
never been released from military occupancy during
The war The government had q right under the laws
Of war; TO take all the properly IN the city OF Alexan
aria ior It's own use 10 drive out all its Inhabitants
And 10 destroy the city II II chose 10 do So
Mr.. EDEN, ldem.) OF Ill., asked Mr. Conger whether
he had not united in tho report OF the Committee
War Claims of last Consress IN favor Of tho same bill
MI CoSdEK denied that he had done so.
Mr. EDES-lt was u unanimous report, and the
mittec
REMARKS OF MR.. coSoRR
Mr. CoSoER-l am surprised that the gentleman
from Illinois should endeavor to make a personal
question with nc on this subject. but he desires II
ne can have II. daughter, caused by Conger's ad
vance In amock heroic nanncr) II there was con-
tract 70 pay Tor the use OF Shese mills, should say,
"Perorm the contract and pay the money" but the
parties themselves did not regard 1t CONTRACT aud
Inc report Of the COMMITTEES docs not show there was
q contract Then l say that The case falls TO the
ground for lack OF contract Roierring TO Mr.. Tldsn's
letter. Mr. Conger expressed his surprise At the sug
gestion made by Mr.. Mills, oil Iexas, last Friday:
that Mr. riiden would be the standard bearer oi
the democracy In the Presidential Campaign, and
he asked the meaning OF that intimatlon. Did 1t
mean that the standard bearer OF the democracy in
the next campaign would not write SUCH letter and
would not ndorse such views2 Was that toro-
shndowng oil what was TO come, and did gentlemen
mean 10 use thus case Ia toeraby GOOD 0ne) to
commit themselves upon, TO commit the epub.
cnns upon and to commit the country upon
II seemed to him that the question had been
brought In to prepare the country Tor dereI letter
mom The next standard bearer OF tho democracy.
What would that letter cohtainY How would tho
phraseology OF the Iilden letter be changed IN the
n,xt campaignY
Mr. BRIDGES, (dcm.) of Penn., asked Mr. Conser
whether he assorted that there contract pay
ior the rent OF these mills
Mr. CoSGER replied that In the report OF tho CON-
mttee there was no proof moro than the assent Of
Commissary Bell to the suggestion that there should
be pay for the use OF tue properly by saying that II
the owners were loyal thoy could he paid.
Mr. BRIDags-Does the gentleman deny that Mr.
Boil had authority to make that statement?
Mr. CosGGR-I do most cmphaucay. Mr.. Boil
could not bind tho country for all The millions
TO follow the paslage OF this bill.
Mr. TOWNSEND, rep oil Nov YORK; argued that in
this there agreement to pay rent for
the mills. and that therefore II should be paid.
Mr. FRYE, (rep) OF Me-. characterized tho claim as
perfectly honest just and far aud said that there
was contract ny Implication which ought to c0npel
the government TO pay Il.
Mr. PoTTER. (dem.l Of N Y, sent to the Clerks
desk and had read an extract from u decision OF tho
Supreme Court announced iorty years ago, 10 tho
,ncct that military officer charged with u particular
duty might Impress private properly into the puDlic
service or take IL Tor public that tho govern.
mont Was unquestionably bound such case TO mako
lull compensation to the owner.
Mr.. HANNA, (rep.) oil lnd said he was apprchen.
sve that The House, by passing this pl might COM
mil Itself In direction which II would aiterward
regret Ho argued that there was nothing IN tho
case, AS shown by tho report OF the committee, that
amounted 10 contract. and that therefore the War
Department was justified declining for sixteen
years to regard 1t as a case OF contract.
Mr. Frye Of Mane, asked Mr.. Hanna whether he
had not week ago voted and worked In favor OF u
proposition 10 pay tor the uso and occupaton OF the
Agricultural grounds In Indianapolis thero was
no more contract than there 10 this case
Mr. HANNA (excitedy)-I did not VOTE aud In
that case there was contract | n writing, which
could be executed in court Of justice and thxt
contract tho government had paid month ator month.
Mr.. BRAGG, (dem.) OF Wis, said that the claim was
so honest lis lace that he afraid TO it.
II was lttio suspicious to him that two loyal repub.
licans living IN tho city OF New York from 1851 TIL
1877, with republican majority OF nearly two-thirds
IN both Houses Of Congress. with q republican Ex-
cutIve and republican heads o departmonts with Now
YORK influence, and backed oy the President and
Secretary OF State should have been unable TO get
their clam allowed while thor loyal rionds IN
power and come here now 10 beseech Confcdsrates TO
do them justice. tl4aughter)
rhe discussion was closed with argument by Mr.
Tucker, oi Virginia, In favor OF the bill
The committee then roso and reported tho bill 10
the House, with recon men daton that 1t do pass.
The bill was Then rejected--yeas w. nays 109. The
affirmative vote came principally from the democratic
publican side, but there were exceptions the
On both SIDES
RIGHT or AN ABsKNr xsxDRR TO VOTE
Beiore The announcement o the vote q question
arose NJ 10 the right OF member who was absent
during the roll call 10 vote, ME Mills OF Texas, taking
the ground that member could not be deprived oi
mis- constitutional right by any rule Of tho House
The SPEAKER decided, with some warmth, that the
question had been agitated tor years, and had been
uniformly decided against that position that this
not IN contraventon OF any constitutional right be-
II the duty oi members 10 bo present and
attend 10 their public duties and that the only per-
sons aggrevod in such case were the people whom
such members represented.
Tho decision was applauded, particularly on the
republican side OF the House.
The vote having been announced motion 10 recon.
slider aud 10 lay on the table made, but pending
action upon H. the House, at twenty past Ave
i. NJ, adjourned, after tho announcement by the
Speaker that he had appointed Mr. wigsinton OF Csl
tornia TO MI vacancy Ia the Committee, Public
Lands
Tho session tomorrow win bo for debate only.