Year: 1878


made by Mills last Friday that Tilden
would not be the standard bearer
of the Democracy in the next |
presidential campaign, and he asked the |
meaning of that mtimation. Did it mean
that the standard bearer of Democracy in |
the next campaign would write such letter,
and would not endorse such views! Was
that e foreshadowing of what was to come,
and did the gentleman mean to nse this case
as test one to commit themselves upon, to
commit representatives onl and to commit
the country upon. It seemed to him that
question had been brought in to prepare the
country for different letter from the next
standard bearer of the Democracy. What
would that letter contain? How would the
phraseology of Yilden's letter be changed in
the next campaign!


Mr.. Bridges asked MIR. Conger whether he
asserted that there was no contract to pay
for the rent of these mills.


Mr.. Conger replied that in the report of
the committee there was no proof more than
the assent of Commissary Bell to the sug-
gestion that there should be pay for the use
of the property by saying that if the owners
were loyal they would be paid.


Mr.. Bridges the gentleman deny
that Bell had authority to make that state
ment?


Mr.. Conger-I do most emphatically. Bell
could not bind the country for all the mil
lions that are TO follow the passage of this
bill.


Mr.. Townsend, of New York, argued that
in this case there had been an agreement to
pay rent for the mills, and that therefore it
should be paid.


Mr.. Frye characterized the claim as per-
fectly honest, a just and fair one, and said
that there was a contract by implication
which ought to compel the government to
pay it.


Mr. Potter sent to the clerks desk and had
read an extract from the decision of the su-
preme court, announced forty years ago, to
! the effect that military officer charged with
a particular duty, might impress private
property into public service, or take it for
public use, and that the government was un-
questionably bound in such cases to make
full compensations to the owner.


Mr.. Hanna said he was apprehen sive that
the House by passing this bill might commit
itself in direction which it would after
wards regret. He argued that there was
nothing in the case as shown by the report
of the commissioner that amounted to con-
tract, and that therefore the war department
was justified III claiming for sixteen
years to regardit as case of contract.
/ Mr.. Frye asked Mr.. Hanna whether he had
not week ago voted and worked in favor of a
proposition to pay for the use and occupa-
ton of the agricultural grounds in Indian
| apolis where there was no more contract
/ than there was in this case.


Mr.. Hanna excitedly-I did not SO vote
and in that case there was contract il
writing which could be executed in a court
of Justice, and on that contract the Govern
ment had paid money.


Mr.. Bragg said the claim was SO honest OF
it's face that he was afraid to vote for it.
was little suspicious to him that loya
Republican, living in the city of New Yorl
from 1861 till 1877, with Republican ma
iority in both Houses of Congress, with
Republican executive and Republican head
of departments, with New York influence
and backed by President and secretary o
: state, should have been unable to get thei
claim allowed while their loyal friends wer
in power, and come here now to beseecl
confederates to do them justice.
| Discussion was closed with an argumen
j, by Tucker in favor of the bill. The com
: mittee then rose and reported the bill to th
8 House with recommendation that it pass
. The bill was then rejected, yeas 94, nay


100. The affirmative votes came principal
9 from the Democrat side and the negative
/ from the Republican side, but there we,
: exceptions to the rule on both sides. b
|, fore the announcement of the vote the que!


ton arose as to the right of a member wh


was absent during roll call to vote. Mil


taking the ground that member could ne
be deprived of his constitutional right /
= any rule of the House.


The speaker decided with some warmt


that the question had been agtated for year
le and had been uniformly decided against tn,
J. position; that this was not in contraventic
= of any constitutional right, because it w
!, the duty of members to be present and
- attend to their puplic duties and Il
= only persons aggrieved in SUI


cases were the people whom SUI
N members represented The decisie
e was applauded, particularly on the Repub
le can side. The vote having been announce


the motion to reconsider and to lay on t
IN table was made, but pending action t
IA House adjourned, after an announcement
Il the speaker that he had appointed Mr.. Wi
ID ginton to fill the vacancy in the commit
on public lands.


IL Tomorrow will be for debate only.
n