1434 OONGRESS~ONAL RECORD-SENATE. MARCH 3, eating liquors may be prohibited in the District of Columbia and A bill (H. R. No. 1752) to restore certain lands in the State of Iowa. Territories, to the Committee on the Judiciary. to settlement under the homestead law, and for other purposes; Also, the petition of Phillip Baum and other citizens of Pike Sta A bill (H. R. No. 1771) to declare forfeited to the United States cer tion, Wayne County, Ohio, and of J. E. Arnold, M. B. Beebe, and tain lands granted to the State of Kansas in aid of the construction other citizens of Cadiz, Ohio, for a commission of inquiry concerning of railroads by act of Congress approved March 3, 1 63 ; the alcoholic liquor traffic, to the same committee. A bill (H. R. No. 2039) to amend sections 2450 and 2451, and to re By Mr. NORTON: Remonstrance of the Seneca Nation of Indians, peal section 2452, title 32, chapter 11, of the Revised Statutes ; against the passage of the law recommended in Executive Document A bill (H. R. No. 2427) to amend the act entitled "An act to amend No. 106 so far as it applies to them, to the Committee on Indian .Ai. an act to encourage the growth of timber on western prairies," ap fairs. proved March 13, 187 4 ; and By :Mr. PHE.LPS: The petition of Eliza Edgar, fora pension, to the A bill (H. R. No. 2452) to extend the time to pre-emptors on the Committee on Invalid Pensions. public lands. By Mr. PIPER: Resolutions of the Chamber of Commerce of San ADJOUR..~~ TO MONDAY. Francisco, relating to the amendment of the shipping act, to the Com Mr. WHYTE. I move that when the Senate adjourns to-day it be mittee on Commerce. to meet on Monday next. Also, resolutions of the Chamber of Commerce of San Francisco, in The motion was agreed to. relation to the pilot laws, to the same committee. Mr. MORTON. I desire to enter a motion to reconsider the vote Also, the petition of Pope Talbot others that all vessels be exempted just taken in regard to an adjournment over. I will not press the from the payment of pilotage unless th• services of. the pilot are re motion just now. quested and actually rendered, to the same committee. . The PRESIDENT pro tempore. The motion to reconsider the vote Also, the petition of the Chamber of Commerce of San Francisco, for just taken will lie upon the table, and can be taken up at any time. an appropriation for a fog-signal on the South Farallon Island, Cali fornia, to the Committee on Appropriations. PETITIONS AND MEMORIALS. By Mr. RANDALL: The petition of Alfred H. Gheen, for an ap Mr. HOWE. I present a petition of quite a number of laborers un propriation to compensate him for the use and occupation of his der certain contractors upon the Fox and Wisconsin River improve premises in Alexandria by the United· States Quartermaster Depart ment, praying to be compensated the amount due them from t he ment, to the Committee on War Claims. moneys due the contractors at the time they failed to go on with their Bv Mr. REAGAN : Two memorials of citizens of the counties of work. This petition is transmitted to me through the Chief of the Hardin, Jefferson, Tyler, Ja~por, Newton, and Orange, Texas, for an Engineer Corps. I move its reference to the Committee on Claims. appropriation to deepen the mouths of the Sabine ancl Neches rivers, The motion was agreed to. . and the channel over Blue Buck Bar, to the Committee on Commerce. Mr. DORSEY presented the petition of Alexander Davis, of Arkan By Mr. ROBBINS, of Pennsylvania: The petition of Hugh Mc sas, praying compensation for supplies taken by the United States Laughlin, for a pension, on account of the loss ofbis son John, killed forces during the late war ; which was referred to the Committee on at Frankford Arsenal by the explosion of condemned ammunition, to Claims. the Committee on Invalid Pensions. . He also presented a petition of colored citizens of Arkansas, sol By Mr. RUSK: Papers relating to the petition of the heirs of Gustar diers in the late war, praying the repeal of certain laws relating to vus B. Horner, a surgeon's mate of the revolutionary Army, for bounty bounties and pensions to colored soldiers, and the enactment of such land or compensation for services in the revolutionary war, to the laws as will place the colored soldiers on the same footin~ as to the Committee on Military Affairs. granting and payment of pensions as white soldiers; wh1ch was re By 1\lr. STENGER: The petition of 39 citizens of Pennsylvania., ferred to the Committee on Military Affairs. that one hundred and sixty acres of land and 200 be granted all sol He also presented a me~orial of the Legislature of Arkansas, in diers and sailors who served the United States in the Army or Navy favor of the passage of an act by Congress refunding the cotton tax for thirty days and received an honorable discharge, to the Committee collected in the years 1865, 1866, and 1867 ; which was referred to the on Military Affairs. Committee on Finance. By Mr. WILLIS: The petition of John C. Cheever and others, for He also presented a petition of citizens of Saint Francis County, the impro.vement of Harlem River, to the Committee on Commerce. Arkansas, praying that the aid necessary to insure the early comple Also, the petition of William Glenn, for payment of moneys due for tion of the Texas and Pacific Railroad be granted; which was referred his son's services in the Army, to the Committee of Claims. to the Committee on Railroads. By Mr. WIGGINTON: The petition of A. Spencer and 450 others, Mr. SARGENT. I present a. memorial from a large number of citizens of Inyo County, California, that the desert lands of said merchants of San Francisco, the number and character of the signa county may be disposed of in the same manner as now provided by law tures being such as to show that they represent the opinion of the for the disposal of the desert lands of Lassen County, California, to mercantile class of that city, respectfnlly protesting against there the Committee on Public Lands. peal of the bankrupt law, and asking that the same may be amended By Mr. A. S. WILLIAMS: The petition of 52 citizens of Detroit, in accordance with a bill which they send to me and which I shall Michigan, for authority for the construction of a bridge across the ask leave to introduce. They submit that "a proper national bank river at· Detroit, Michigan, to the Committee on Commerce. rupt law is almost a necessity in a country composed of so many dis tinct districts, and is beneficial to both creditor and debtor;" and they justify these premises by statements of the operation of the bankrupt law. I thinkthememorial isverystrong bothin the source from which it emanates and in the reasoning by which they sustain IN SENATE. it. I move that it be referred to the Committee on the Judiciary. The motion was agreed to. FRIDAY, March 3, 1876. Mr. DENNIS prese.nted the petition of Thomas D. Purnell, Horace Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. Payne, and over one hundred oth& citizens of Maryland, praying an The Journal of yesterday's proceedings· was read and approved. appropriation for the improvement of the Potomac River; which was· referred to the Committee on Commerce. EXECUTIVE COMMUNICATION. Mr. MORTON. .I present the petition of a convention of color cl The PRESIDENTpro tempore laid before the Senate a letter from the men in Texas ; and as it is short,. I will ask to have it read by the Secretary of the Interior, transmitting, pursuant to the requirements Secretary. of the eighth section of the act approved J nly 22, 1854, two reports of The PRESIDENT pro tempore. The petition Will be read, if there the surveyor-general of New Mexico on private land claims in that be no objection. Territory; which was ordered to lie on the table and be printed. The Chief Clerk read as follows : CREDENTIALS. To the Senate and House of .Representatives of the United States: The PRESIDENT pro tempore presented the credentials of .1 ames We, your petitioners, would respectfully represent that the present constitu. tion of the State of Texaa provides that free schools shall be maintained in this B. Beck, elected by the Legislature of Kentucky a Senator from that State for at least four months in each year, and that by the t erms of the act of State for the term commencing on the 4th day of March, 1877; which Congress permitting Texas to resume the exercise of the rights and privile,ges of a were read and ordered to be filed. State in the Union she is forbidden to abrogate that article m her constitution. And we your petitioners, would further represent that, notwithstanding the MESSAGE FROM THE HOUSE. solemn and bindin$ nature'of the compa()t thus entered into between the Govern A message from the House of Representativ-es, by Mr. IsAAc STROHM, ment of t.ho Unitea States on the one hand and the State of T exas on the other, the ·present State government has by nonfeasance practically destroyed our system of one of its clerks, announced that the House had passed the following free schools. bills; in which the concurrence of the Senate was requested: And your petitioners would further represent that the proposed new constitu A bill (H. R. No. 23G) to give the consent of the United States to tion now pending for adoption silently ignores the existence of a compac~ between the appropriation of certain proceeds arising from the sale of the tho General Government anll the State of Texa-s in relation to thesubjectof educa tion, l).nd fails to make provision for an efficient system of free schools. swamp and overflowed lands in Alabama, for the purpose of furnish And your petitioners would further r epresent that. in addition to other funds, tho ing other and a-dditional accommodations for the indigent insane and new constitution proposes to appropriate that portion of the :public domain granted idiotic persons resident in sa.id State; to the State of Texas for the purpose of establishing an agncnltural college to an A bill (H. R. No. 280) to amend the act entitled "An act to appro institution to be used for the education of white youths exclusively: Wherefore, to the end that a sacred and beneficent compact made in the interest priate lands for the support of schools in certain townships and frac of civilization and good government may not be wantonly and pr sumptuously vio tional townships not before provided for," approved May 20, 1826; lated, and that we may be protected in our·rights as citizens of th.e United States, 1876. CONGRESSIONAL RECORD- SENATE. 1435 we pray your honorable body to take such action in the premises as will cause the ~o whom was referred the petition of E. R. Abraham and others, p:ray State of Texas to keep in good faith her par·t of the aforesaid compact· and we mg for t?-e removal of parking and fencing on square 634 in the city your petitioners. as in duty bound, will ever pray. ' ' !)f Washington, reported adversely thereon; a.nu the committee was Done in convention of the colored pe Mr. DORSEY asked, and by unanimous consent obtained, leave to The pending question being on the amendment of Mr. EDMUNDS to introduce a bill (S. No. 557) for the relief of Alexander Davis; which insert the word "not" before the word ''admitted." Wail read twice by its title, referred to the Committee on Claims, and Mr. EDMUNDS. Mr. President, I suppose that every Senator has ordered to be printed. got tired of hearing this question discus ed, and would be glad to Mr. SAULSBURY asked, and by unanimous consent obtained leave have it decided; and I suppose, also, I am bound to presume that to introduce a bill (S. No. 558) making further appropriation for the every Senator has been very anxious to have it decided for more than erection of Government buildings in Dover, Delaware; which was a year last past, but, for some good reason undoubtedly, it ha-s been read twice by its title, referred to the Committee on Public Buildings found difficult to get the question to a point where 'we were to deter and Grounds, and ordered to be printed. mine it finally one way or the other, until now ; and for one I expre s Mr. CONOVER asked, and by unanimous consent obtained, leave to the hope that after we shall have now commenced upon it it will introduce a bill (S. No. 559) for the relief of Dabney Walker; which stay until it is finally determined. I do not intend to occupy a great was read twice by its title, referred to the Committee on Claims, and deal of the time of the Senate upon the subject, but its importance ordered to be printed. is such that I feel justified in taking such little time as may be neces PAPERS WITHDRAWN AND REFERRED. sary to express views that I entertain, although I have once done so already. On motion of Mr. KERNAN, it was We are acting in this particular case under the Constitution of the Ordered, That the papers in the case of David Kleim be taken from the files of the Senate and referred to the Committee on Military Affairs. United States, which points out to us what our duty is. It declares that- On motion of Mr. CHRISTIANCY, it was Ea{}h Hoo.se shall be the jndge of the elections, returns, and qualifications of its Ordered, That John W. Rnssell have leave to withdraw his petition and papers own members. from the files of the Senate, and that copies of said papers be filed in the place of the originals. The solemn declaration of the Constitution is then that we are to On motion of Mr. JOHNSTON, it was be the judge, not the partisan, not the politician, not the patriot, not Ordered, That the papers in the case of Matilda Barnett be withdrawn from the the citizen,· but we ar.e to be the judge holding up impartially the files of the Senate. · scales of justice under the law and determining this question in a ju EXPENSES OF ALABAMA SENATORIAL INVESTIGATION. dicial way according to the law. There is no room that I can per ceive for my being allowed to persuade myself that this man· ought Mr. MORTON submitted the following resolution; which was con not to be a-dmitted because his politics should happen to differ from sidered by unanimous consent, and agreed to: mine, or because his race should happen to differ from mine; and on Resolved, That the sum of $15,000 be al?propriated from the contingent fund of the Senate to defray the expenses of the mvestigation into the facts attending the the other hand I can conceive of no excuse upon which Senators with election of Hon. GEORGE E. SPE~CER as a member of this body by the Legislature a different opinion could be allowed to persuade themselves to believe of Alabama, to be disbursed on the warrant of the chairman of the Committee on that any consideration of wish, expediency, interest, peace even, Privileges and Elections. should interfere with the calm madesty of the guiding law that ap IMPEACHMENT OF W. W. BELKNAP. peals to us as judges and in no other way, and that should have its The following message was received from the House of Representa free course. And I have felt something of chagrin, sir, on one or two tives at twelve o'clock and :fifty-five minutes p. m., by the hands of of the occasions when this subject has been before us, at seeing what Mr. GREEN .A.DAl\IS, its Chief Clerk: seemed to me (although I hope I may have been mistaken) to be some Mr.President, the House of Representatives ha-s passed the following thing of that spirit which, proceeding from the best motive~:~, is yet resolution: if allowed to affect a .question of this kind equally fatal to the true · Resolved, . That a committee of five members of this Honse be appointed and in interests of the country and to the real perpetuity of the Con titu structed to proceed immediately to the bar of the Senate, and there impeach Will tion as if some motive of partiality or prejudice or expediency should iam W. Belknap, late Secretary of War, in the name of the House of Representa find a place in considerations still less grave than these. tives and of a.ll the people of the United States of America, of high crimes and mis. If, then, I am right in supposing that our duty is a narrow and a demeanors while in office, and to inform that body that formal articles of impeach ment will in due time be presented, and to reqnest the Senate to take such order in simple one, and that we are to exclude from it every knowledge of the premises as they deem appropriate. • the politics of this claimant, every knowledge of everything which And it has his vote in this body if admitted may affect, of everything which the absence of hi..s vote here may affect, the question is what are we to do' Ordered, That Messrs. HIESTER CLYMER of Pennsylvania, W. M. RoBBINS of North Carolina, J. C. S. BLACKBURN of Kentucky, L. K. BASS of New York, and It has been said, Mr. President, with great force and with still LORENZO DANFORD of Ohio be the committee aforesaid. greater repetition that whatever may be the right of this gentleman At one o'clock p.m. the Sergeant-at-Arms announced the commit to a seat in this body, the question before us now is simply a question tee from the Honse of Representatives, who appear~d at the bar of ofp1'imajacies and that we are not now called upon to consider whether the Senate. the body of men who elected him to this office was the Legislature of The committee advanced to the area in front of the Chair, when the State of Louisiana or not; but we are only called on to look upon the Mr. CLYMER said: Mr. President, in obedience to the order of the paper which is presented to us under the great seal of that State and House of Representatives we appear before you, and in the name of attested by the signature of the person who as we all agree was act the House of Repre~ent Passing that, what is this printa facie case which is offered to ns 'I the third Senator and conclude, as the supreme court of Louisiana What is this paper 'I It bears the great seal of the State of Louisi~ concluded in _one of these contested-election cases, that a man who ana. How do we know that to be the great seal of the State of Lou had the last commission was p1inta facie the best man, and ,that he isiana'/ We know it upon precisely the same ground that we know was entitled to be the judge, instead of the nian who h;,td the first that there is a Legislature of the State of Louisiana, or that there is not one; unless, indeed, you felt bound by the decision of the supreme a Legislature of the State of Louisiana, or that in the year 1863 there court of Louisiana. If you did, as some of us do, perhaps, you would was no Legislature of the State of North Carolina-! mean no con be obliged to do that. stitutional Legislature under the Constitution of the United States. This is not a question of technical right. It has been stated by How, then, do we get at the :first knowledge, the first step on the sub~ some of the honorable Senators who have maintained the propriety ject of this prima facie' We get it by the judicial knowledge-to of admitting this gentleman, that he ha been no party to any of the borrow a phrase of art which we are supposed to possess, whether, in proceedings through which the Senate has obtained information for fact, we do or not-that this seal is the seal of the State of Louisiana. its guidance respecting the ~tate of affairs in Louisiana, and therefore, We do not get it by proof; we do not get it by attempting to hear, a.s to him, all that we may know of the condition of thin!!'B in the try, or determine the question; but we get it, M I say, by that judi State of Louisiana must be taken for nothing until it shall' be gone cial know ledge which the laws of the land impute to everybody called over again when be is before the body. I submit that that is a upon to administer, as we are here, either legislative or judicial func grave mistake. This is a public question, as well as a private one. tions. It is a question which enters into the right of every State and of all Therefore, Mr. President, this paper, on the face of it, is an official the States ; and it is not a question between private party and pri paper, emanating from some executive authority or person acting in vate party in respect of whose controversies information obtained executive capacity in the State of Louisiana. Does our judicialknowl externally to the cause cannot be treated a-s evidence. It is the mat eclge stop there f When we are obliged to go so far in order to have ter of the United States; and the right of this gentleman to this a p1·imafaaie case in respect of the credentials of any Senator, does the place, if he have any, is only incidental to the great right of the States law cut off our judicial knowledge at exactly that point a.nd declare under the Union and the Constitution to be represented here, and to that beyond that there cannot be imputed to us any judicial knowl the great right of the nation to have them represented here. edge ~tall 'I No, sir. That is not the law; it is not common sense. Then, Mr. President, if this is in some sense a public question, or This body, in my opinion-and the law is all one way upon the sub even if it be a purely private question, we have before us in a public ject-was in a constitutional and legal sense just as well advised of and in a lawful way, affecting everybody who may be concerned in the state of legality or the want of the state of legality of the Legis it, the condition of affairs in the State of Louisiana at the time .this lature that elected this man before the inquiry made by the Commit gentleman purports to have been elected. We are informed in a law tee on Privileges and Elections as afterward. That inquiry, in the ju ful and regular way, binding upon everybody, either that the body of dicial sense, WM an inquiring to inform the conscience of the Senate men who elected him was competent to do so or that it was not. It just as we refer to a lexicon or to a. law-book or to a precedent in our is immaterial to our knowledge of the state of affairs there whether statutes. • We are bound to know in short what are the Legislatures we may be of opinion that that body of men was legally constituted of the various States, which bodies if there are two, or whether a or whether we may be of the opposite opinion. Why, sir, the affairs particular body, if there be only one, is the government of that State of the Government could not go -on for a single month if the two or i the chief officer of any department of it. Can there be any ques Houses of Con!ITess, as _well as the courts of the United State2, did tion of that proposition Y Certainly there can be none. If that be not take official and judicial notice of what bodies of men in the va true, then this paper is not a prirna facie case, as it is called, unless we rious States administer the high offices of state and compo e its gov also have the judicial knowledge that the body of men who purport ernment. It -would be totally impossible, for it would drive us, a it to have.elected him was the Legislature of the State of Louisiana. would drive the courts, to whom a similar rule must apply if to us, to That can be pretty well illustrated if we only turn the case over to begin every cause, and for us to begin every inquiry with that pre what it actually was a little while ago. liminary one to find out whether the Legislature of the State of Ohio Suppose that Governor Kellogg, as I shall call him for convenience or of Indiana, in whose name there purports to be a memorial pre and governor in fact he was and is-had chosen to certify the creden sented here, was the body of men that it pretended to be. Sir, it is tial of the gentleman elected by what was called the McEnery legis~ impossiple to reflect on this subject without, as it seems to me, and lature, should we not all have said that we knew that that body of speaking with great deference to those who think otherwise, coming men was not the Legislature of the State of Louisiana f I do not say to the very border of absurdity, unless we hold that, without any that all of us would have said that we knew that, but all of us would trial, without any inquiry, except such inquiry as I have said judges have been bound to say that we knew it one way or the other. Some make to inform their consciences, we take notice who are the legis of us it may be would say we knew it not to be the Legislature, others latures of the States, who are their governors, and who are their might say we knew it to be the Legislature, just as judges differ in courts. . respect to what is the law or what is a public fa{}t that all judges are So then we have here before us a part of these very credentials and bound to take notice of. One judge is of the opinion that the law is the very foundation upon which their validity rests, this body of men, so, and ano her that it is different, and yet there is but one law for all. claiming to have been the Legislature of the State of Louisiana; and I do not think there would have·been found many Senators, certainly we have before us all the knowledge attainable or th~1t can ever be not on this side of the Chamber, who, if Governor Kellogg ha-d certi attained upon the question whether they· constituted the constitu- fied the election of a man by what is called the McEnery legislature, . tional tribunal of that State authorized by the Constitution of the would have for a moment considered that the broad seal of the State United States at the time to elect a Senator to this body. of Louisiana concluded us printa facie for a single moment from the There is, then, Mr. President, no such thing as a printa facie case be knowledge that the persons who undertook to elect that man were fore us in the sense in w bich it has been urged upon your consideration. mere private citizens or a mob. Nothing is better settled in thew hole We have before us a complete case. One part of it is the paper which cour e of jurisprudence than that we are bound to know first and last represents under the seal of the State that this gentleman has been and all the time what body of men, if any, in a given State compose its elected by a. legislature, and we have before us a.s another part of it Legislature. Therefore, when this paper came to us, even if we had and inseparably connected with it the fact that this body of men ex taken no steps upon it at all, if this were the first day of its presenta~ ercised their powers under a claim the history of which we know ; tion, just as if from ~ny other State, we should be bound to know either and therefore we have before us, one way or the other, the fact that that the body of men who had undertaken to elect the candidate pos~ these credentials come from a legislature of Louisiana or the fact ses ed the quality which the Constitution requires, that of being the that they do not. There is no knowledge to be gained upon the sub Legislatme of a State~ that they did or not. ject, there is no one-sided view or first view to be taken of it. It is It is not, therefore, Mr. President, a case like the numerous cases all here, and in the very nature of things in a case arising as this that have been-cited where a person presents himself with credentials does, it was all here from the first, I submit. from the executive of a State in established relations to the Union But, Mr. President, we have gone further still. When this paper and having a legislature competent to elect a Senator at that time, was first presented, I believe there was no Senator in this Chamber and where the only question possible is the detail of the circumstances who supposed that it ma-de what is called a printa facie case and that under which or the meth~ds by which the election was procured or it entitled the gentleiQan named in it to be received at all unles in the qualification of the person himself under the Constitution to hold the judgment of the Senate the body of men who elected him were the office. In such a case we can well see that the paper must be at the time they elected him the constitutional Legislature of that taken, for the time being, to represent an apparent case of authority, State. The honorable Senator from Indiana [:Mr. MORTON] twice at and the person is sworn in and then we inquire. But in a case like least, if not three times, as the Journals of the Senate show, has moved, this the very pri'ma facies depend upon what, as I have said, we are and the Senate on his motion has ordered, that this paper should be bound to know: that the body of men who elected him were compe referred to the proper committee of this body in order that the cir tent to do it. Suppose that the State of Vermont should undertake cumstances under which it came into being and the lawful existence to elect another Senator while both of her regularly-elected Senators of the body of men whose mandate it pmports to be might be ascer are still here, not having resigned, and there should be presented at tained for the informs.tion of this body. And yet, after all, when at your desk, under the broa-d seal of that State and the signature of its last all other grounds fail, as I believe they do upon fair discussion, recognized executive, the commission, as I will call it, of the fresh we are brought back again, after all that bas taken place, and a ked Senator; the credential which sets forth that he is elected. That pa to face the question as one upon the paper alone, with no eyes judicial per is just as prima facie on the face of it as any other paper could be, or political to look beyond it, and to seat this man by the solemn judg only you are bound to know outside of it that it has not any jm'isdic ment of the Senate for the full term for which he claims to have been tion to rest upon. And therefore, I take it, you would not swear in elected. I do not think that that will be a good thing to do. What- 1438 CONGRESSIONAL RECORD-SENATE. MARCH 3, ever Senators ::tre of opinion that· this man ought to be admitted are be its Legislature which the Senate believed ought to have been on bound of course to say so and vote to admit him, whet~er it is agree- right principles its Legislature: I should have no difficulty in voting able to their wishes or not, if they can allow themselves to have any that that was a good Legislature. I might have wished to change wishes on fl.UCh a subject. But I beg them not to do it upon that un- some of the material in it belonging to both parties, perhaps; but happy delusion that they are only deciding a prima facie case which speaking of it a a body, it would be perfectly easy to do that. But, may ·some time or other be decided some other way. Let us ''face a& I have said, our mission is a narrow one. We are to judge of an the music," a.s the saying is, :Mr. President, and determine either that election; and a.s a judge we are bound to look at the constitution and that body of men was a constitutional Legislature of the State of law under wbich that election took pla-ce, and we have no right to Louisiana on that occasion or that it was not, and do not let us de- look at anything else. It may be a great misfortune; it is a great Jude ourselves into the idea that we are conveniently avoiding the misfortune, if it is true, and I believe it is, that a majority of the peo grave question which lies under these credentials and are making for ple of the State of Louisiana have been unjustly and unfairly deprived the time being a half disposition of the c~se upon the face of the pa- of their right to a free election; but it would be a still greater evil, per. If we were to do that, the first blush that the law books say is a~ it seems to me, if this body, the great conservator of the peace of a prim,a facie case would, I fear, be a blush that would last a good this nation and of order among its several parts, should decide, in while. spite of the Constitution and in spite of its duty, that we are to recog- lf, then, we have a matter here under consideration, instead of a nize as a Legislature a body of men who were not elected according paper, what have we to do Y We have to determinewhetherthisbody to the constitution and the laws of that State; for in order to gain a of men wa~ a legislature; and to determine that, we have to deter- temporary seeming good we should inflict a blow upon the American mine under the Constitution and the laws of the State to which it constitutional system of politics that would last it to its grave. ~ Sir, claims to belong how it got its authority to be a legislature and how we must stick to the Constitution and to the law, however disagree it came into existence. We cannot avoid that. The charter of our able it is to us, as it is to me on this particular occasion to find myself authority and the duty that is imposed upon us compel us to judge of obliged by what appears to me to be a clear duty and in a clear case the election of this man as well as of his qualifications, which may to come to a resolution which I wish were otherwise; but there is no arise in respect of age or citizenship or whatever. We are bound by help for it, so far as any of us see it in that way. the very language of the Constitution, diligently chosen, to judge of I have stated before-at the last session, I believe-what I will not this man's election, and I take it the very first and fundamental step now go over in ·detail and what is stated by this committee in its re in an election is to find a body competent to elect. There can be Iio port, that it is quite plain to me that what is called the registration dis~ute about that. Then the question is, what was this body of men 'f or returning law of Louisiana is in violation of the constitution of How they appeared a.s a fact in the State-house in Louisiana, and what that State. But for the time being I pass that by and come to what they did as a fact, there is no dispute about. The mandate of a judge the returning board may do, treating it as a valid law for the pur of a court of the United States in advance excluded from that capi- poses of this part of what I have to say. I am certain that every to! every person but this particular body of men; and soldiers of the body would agree, or I should suppose that everybody would, that a United States in aid of the marshal, a.s it was their duty to do on the special tribunal like this returning board ha.s no other authority to face of the law, crossed their bayonets over the doors, and under that ·create or to certify members of the Legislature or any ot1ier officers shelter this body of men got together. That all that wa.s unwarrantr. than that which the law gives them. They are not a body of general able, and an outrage upon the first principles of law and upon .the jurisdiction; but all that they can lawfully do is authorized by the first principles of government, is so well stated by the pres·ent chair- statute under which they act, and whatever is not authorized they man of the Committee on Privileges and Elections in his report on have no more power to do than any other private citizen of the State the subject, that I need not recur to it further. of Louisiana. What a,re they to doY They are to receive from the But the honorable Senator says that that may be all true, and yet various supervisors of registration at the various parishes at the this body may have been the leiTal body after all. No one can dis- · close of the election the return of the votes cast in each of the par pute that it may have been the legal body; but it does not come to ishes for the members of the Legislature. "Within ten days after the us1Vith that bloom of liberty, and peace, and equal rights upon its closing of the election," the law proceeds to say, "said returning face that it would do had it come under some other circumstances. officers shall meet in New Orleans to canvass and compile the state Still, if the men who in that way assembled together and made this ments of votes made by the supervisors of registration, and make re election were the lawfully elected members from the various parishes turns of the election to the secretary of state." of that State, undoubtedly I should say that the circumstance that T-hat is what the law says they are authorized to do. It does not they got to~Tether by aid of the Army would not interfere with the give them any authority anywhere to canvass or compile or deal with validity of this election. These men must have been elected, a-ccord- any other thing than the statement of votes made by the supervisors ing to all the notions we have hitherto bad about law, by the people of registration in the various parishes of the State. The State of of the various parishes. They must have occupied som!3 other atti- Louisiana in passing this law did not confer upon this body of men tude than that of being popular men, who, if they had been candi- the power to return any one or certify any one as elected to any office, dates, would have been elected; They mus~ occupy some other atti- except they did it upon a sworn and qltasi judicial examination of tude than that of being popular and patriotic men, who, but for the certain papers described in the statute, and these papers are described fact that voters did not go to the polls, would have been elected; by such ear-marks that it is impossible to misunderstan for their virtue, for their learning, or their intelligence, to the respect that that body of men was the only Legislature there was in that of this body. It would be an unpleasant subject to enter into, yery State, or could be there. How woulu it be, supposing this body of unpleasant indeed, ~mel out of the regard,.that I owe to the State of men had happened to be composed of a majority of democrats, and Louisiana which in the long time past has had tribunals eminent in supposing that in that court, as it is sometimes in senates, people's the respects of which the Chief Justice of the United States speaks, views are a little colored by their political predilections, and that court and in the long time to come will again, I hope, have similar ones, I had said, rcwe do not recognize this body of men as the Legislatur~, think that we hn.d better, as it regards the State judiciary of that we recognize the McEnery body," wherever that may be, what would - State as wep as it respects the Federal judiciary of that State at that have happened f Would that have determined which of those two time, pass over it in silence. bodies was the true Legislature ? Would my honorable friend from The question is, was the judgment of that court correct! My hon Indiana have been bound by that! He would not, we would not; orable friend from Indiana, strong again, as I say, in this report of his, none of us would; and yet we should be just as much bound by it as in respect of the essential proposition which should guide us in reach we should by the recognition of the other; and whatwould have be ing a conclusion in this case, puts himself upon the ground that that come of them f The court that did that would have destroyed itself court has decided. He does not go into an examination and discus by the very a-ct, unless it could be supported by the strength of the sion of t he subject for himself, but he takes it to be decided, and McEnery legislature, and kept in its place. It would have severe~ that is all. Here was a statute which confessedly by the laws and that essential ai:td neces ary connection between the three depart constitution of Lonisia.na could be approved by the governor in the ments of the government in a republic, the judicial, the executive, vacation and after the adjournment of the Legislature, which in and the legislative branches. That government would have been express terms repealed the former.laws upon the subject of there broken down; and the court, of course, as it has no power like an turns of elections, and provided a fresh method for performing those executive to protect itself by force, would have disappeared from the duties under the constitution related to the elections; and yet that face of the earth. supreme court say that that repealing act did not repeal. They do Thus it is clear that it does not help this question a particle, if wP. not give any reason for it except they say it would be inconvenient look at it with the eyes of justice and of law, a-s to the nature of that to have a change of officers (because that is what the substantial effect Legislature, that that court recogniwd it. It would not have helped of the law was) before the old officers ha-d performed all the duties it a particle if the Supreme Court of the United States sitting in that which they would have been obliged to perform tmder the old law. place at that time, or all the members of it, the best men in the land, Did you ever hear a weaker reason given for a legal decree than that f had done exactly the same .thing, because they could not do other It is not worth discussing. If there is any Senator here who, if the wise ; and yet my honorable friend from Indiana maintains, if I cor supreme court had not decided, has any doubt in l;lis owu mind as to rectly understand him, that that Legislature thus circumstanced be the law of November 20, 1872, if that was the date, having repealed comes and is to be treated as competent under the Constitution of the former laws, if he were to_jndge of it himself, it is perfectly use our country as a con titutional Legish behind all this, that we have got to trample upon our own action so It bas taken notice, in the language of my friend, that the Legislature recently adopted' · which elected Pin<:hback was tbe legislature of Louisiana, and has But, Mr. President, there is a case quit.e as strong as that from enforced its statutes and recognized its enactments as binding con Rllode Island, in 1833. What was that case' There was the old tinually. • charter government in Rhode Island, and the Legislature of that :Mr. EDMUNDS. If the Senator will pardon me, I think he is mis St.ate protracted its own existence one year, by a joint resolution. taken in saying that the Supreme Court has held that Kellogg was the T-he life of that Legislature would have expired at a certain time. I lawful executive. They have recognized him as the govemor in the believe on the 4th of March, 1833, in due course of law; but the Leg same way that they said that they were bound to recognize the Legis islature by a joint resolution, extended its own existence twelve lature-on exactly the same principle. months. It was very doubtful whether it had the power to do so; .:Mr. MORTON. If there be any valid. distinction between that and the proposition looked- absurd. upon the face of it; but after the ex recognizing, I fail to see it. tension took place, and dUI·ing this twelvemonth, the Legislature Mr. LOGAN. Allow me to make a ~:;tatement. In the case of Luther thus protractiurr its own existence elected a member of this body. 18. Borden the Supreme Court of the United States acknowledged Theu that fall there was an election held by the people; a Legisla the power of the Congress of the Uriite(l States to recognize the gov ture unquestionably legal was elected; no doubt about it at all; and ernment. The Con~ress of tl:A United States has recognized Kellogg ·that Legislature met the next winter, and elected another man a a-s the governor of Louisiana by different acts, by resolution of the member of the Senate of the United States from Rbode Island, ::md Senate, and by recognizing the certificate in the liouse of members both men came here. The man elected by the old Legislature :filed· elected there. his credentials first. Mr. EDMUNDS. Is that the act of Congress f Mr. ED~fUNDS. l\fay I ask the Senator a question, not to inter Mr. LOGAN. It is the act of both branches. It is not a joint reso rupt his argument, but a a mere matter of information f lution of both branches; but both branches have recognized the Mr. MORTON. Ye , sir. governor of that State by resolution on the last night of the last Mr. EDMUNDS. I a k whether these two Senators were persons session. of different political partie . Mr. MORTON. I might remark, as a circumstance not entirely. un Mr. MORTON. I do not know whether they were or not, nor do I worthy of notice by our republican friends, that after a democratic think t.hat is very material. House of Representative has seated six members upon the certificate 1\Ir. EDMUNDS. It is not. I only thought that the precedent to of Kellogg as giving to them a p1·ima facie case, he being the governor whicll my friend refers wonJ.d have a good d.eal more force if the sec of I.Jouisiana, for a republican Senate to refuse to seat a republican ontl person elected was of the same political party with the other. Senator holding the same cert-ificate may be thought to be a circum Mr. MORTON. That may be; I do not know how that was; but I stance somewhat peculiar. The Supreme Court of Louisiana decided am speaking of the case because it is the strongest case that can be expressly on more than one occasion that what is known as the Lynch made. They both came here. When it was moved to seat 1\Ir. Pot board was the lawful returning board of Louisiana; in other words, ter, elected by the old Legislature, objection was made that the ques it has by its decisions covered the g9vernment of that State in every tion should :first be examilled which was the Legislature of Rhode shape and form. I sland, the old one or the new one. It was a very doubtful question. My friend asked whether Pinchback's case has been improved by :Mr. Clay, who was then a member of this body from Kentucky, took lapse of time. I do not think it bas; but I think it has not been in the ground that, as Mr. Potter bad the certificate of the governor of jured by it in poiut of Jaw or in point of justice. You take the com Rhode Island, the first certificate, lJe had a pTirnajacie title to the· promise made in Louisiana, the general agreement down there, that seat, and the question as to whether be was elected by the Legisla the Kellogg government is the government of Louisiana. When that ture of Rhode Island could not be examined until afterward. The disputed point is settled, it relates back to the very beginning; it is examination lasted some four or five months, and one of the ablest an a is Caddo parish. It had a white registration of 1,549 voters. The gentlemen who have already attempted to elucidate and determine McEnery vote was 1,837, or 300 more than the white registl"ation. In this case. the same parish the colored registration was :3,139, and the Kellogg I believe, Mr. President, whatever eeming informalities may attach vote was only 1,579, or 1,560 less tbap. the registration. The white to the manner in which the will of the people was ascertained, that vote was 300 more; the colored vote nearly 1,600 less than the regis 1\Ir. Pinchback is the representative of a majority of the legal voters tration I Showing frand after the election, for keeping voters from of Louisiana, and entitled to a seat in the Senate. In the election of the polls would not make.McEnery's vote more than the registration. 1872, the white population of the State exceeded, by the census of 1872, Take again tbe parish of Rapides. The white registry was 1,719; the colored population by about two thousand, including in the white the McEnery vote was 1,9GO, the McEnery vote being 249 more than estimate 63,000 foreigners, only half of whom were naturalized. This the registration. In Nacbitoches Parish the white registry was 1,517, estimate, at the same ratio in each race, would give a large majority of and the McEnery vote 1,230 ; the colored registration 1,833, and the colored voters. The census and registration up to 1872 substantially Kellogg vote but 550, or 1,283less than the registry. In Bossier Par agree, and both sustain this conclusion. The census of 1875, taken in ish the white registry was 587, and McEnery's vote 953, or 366 more pursuance of an article of the State constitution, gives, after includ than the registration. The colored registration was 1,795, and the Kel ing the foreign population (naturalized and unnaturalized) in the logg vote 558, or 1,240 less than the registration. So you may run white aggregate, a majority of 45,695 colored population. through these returns in the different parishes, and you will tind in This view of the question is submitted, not as determining the con · many ca es the McEnery vote exceeded the white registry and the test, but as an o.ffi et to the allegation that 1\lr. Pinchback does not Kellogg vote very much le s than the colored registry; and we must fa.irly repre ent the popular will of the State, and as a presumption not forget that the report of the majority of the committee tells us in favor of the legal title of the as embly that elected him. that tl.Je whites voted the democratic ticket and the colored people The State government elected in 1872, and permanently inaugu the republican ticket. rated in January, 1873, in the face of contest and opposition, obtained One other consideration and I am through, and it seems to me to for its authority the recognition of the inferior and supremo ·courts . settle this question. In the ten parishes alluded to we have been of the State. When organized violence threatened its existence and obliged to rely somewhat on tl.Je returns of the Lynch board, but not the United States Government was appealed to for troops to sustain so in the v!,ew I now present. In twenty-four parishes there is but it, the national Executive, in pursuance of his constitl){jional author little difference between the Lynch board and the Forman board, and ity and duty, responded to the demand made for help, prefacing B Under these circumstances, holding this que tion in abeyance~ is, company or party in interest, subject to the payment of such cos~s; and t~e said lanlls shall bo subject to all legal taxes impo. ed under the authonty of thts State in my judgment, an unconRtitutional deprivation of the right of a from the time such company or party in interest shall have been or may be entitled State and a provocation to popular disquiet; an!l, in tl.J e interest of to conveyance thereof, the same as though no costs or fee had been imposed by good-will and good government, the most judicious and consistent the act by which such J!rant wa<:~ made, and the act~ amendatory thereto. . course i to a dmit the claimant to his seat. R esolved. Tbat the secretary of state be ref)nestcll to send ono copv of this reso lution to the Sp •aker of the House of Representatives, onE! cQpy to ·the President I desire, l\lr. PresiUent., to make a personal reference to the claim of the Senate, and one copy to each of our Senators and Representatives in Con ant. I would not attempt one nor deem one proper were it not that gress. his per onal character has been a ailed. I hereby certify that the above senate concurrent resolution was adopted Jan. As a father, I know him to be affectionate and worthy ; as a hus nary l9, 1876. JOHN H. FOLKS, banrl the idol of a plea ant home, and cheerful fireside; as a citizen, Secretary of Senate. loyal, brave, and true. .And in his character and success we behold an Concurred in by the house February 10, 1876. admirable illustratiouof the excellence of our republican institutions. HENRY BOOTH. Mr. CHRISTIANCY obtained the floor. Ohief Olerk. Mr. CAl\IERON, of Pennsylvania. Will the Senator from Michi I , Thoma-s H. Cavanaugh, secretary of state of the State of Kansa-s, do hereby certify that the forel?oing is a true a.nd correct copy of original senate concurrent gan yield to me to make a motion to go into executive session resolution No. 2, on tile in my office. Jr. CHRISTIANCY. I will yield for that purpose. In testimony whereof I have hereunto subscribed my name and affixed the great Mr. SHERMAN. If my friend from Pennsyl•ania will yield tome a seal of tho State. Done at Topeka, this lOth day of February, A. D . 1!:!76. moment, I desire, if it is the pleasure of the Senate now, to take up lL. s.] THOS. H. CAVANAUGH, the memorial of the Chamber of Commerce of New York, not todeh1y Secretar-y of State. his motion at all, but with a view to leaYing it as the unfinished busi MARY CAIN. ne s on Monday morning, so that I may occupy the attention of the Mr. STONE, by unanimous consent, introduced a bill (H. R. No. Senate for awhile on Monday rather than at some other time. 2453) for the relief of Mary Cain, of Saint Louis, Missomi; which wa,s Mr. EDMUNDS. I am sure we will give the Senator unanimous read a first and second time, referred to the Committee on War consent to speak in the morning hour on Monday morning, if he Claims, and ordered to be printed. -wishes to speak t hen. SETTLERS ON THE PUBLIC LANDS IN KANSAS. l\1r. SHERMAN. I suppose the morning hour will not be long enough for my purpo e ; and I prefer to speak on Monday. Mr. BROWN, of Kansas, by unanimous consent, pre_sented a concur Mr. ED.MU DS. I am sure we will ext.end the time if necessary. r ent resolution of the Legislature of Kansas, memorializing Congress I arn certain there will be.no difficulty in extending the time. in behalf of certain citizens, settlers upon the public lands. Mr. BROWN, of Kansas. I ask that the memorial be printed; and Mr. SHER UN. Very well ; with that understandin~ I will not press it now. . I do so because the Committee on Public I..~antls ha.ve already passed Mr. CAMERON, of Pennsylvania. I move that the Senate proceed upon the question, and it will be of some importance that the House to the consideration of executive business. shall see the facts of tho case. I ask that it be printed in the RECORD. The motion waB agreed to; there being on a division-ayes 30, There was no objection. noes 22. The resolution is as follows : ADJOUIU\~IENT TO MONDAY. House concurrent resolution No. 22, memorializin~ Congress in behalf of certain Mr. MORTON. Before the doors are closed I desire to withdraw citizens, settlers upon the public lands. · Whereas certain citizens of the State of Kansas have, in good faith, settled upon the motion to reconsider the vote to adjourn over until Monday. public lands within the Htate of Kansas, which lands were open to settlement tin The PRESIDENT pro tempore. The Chair hears no objection, and der the homesteac.l act of May 20, 1862, and June 21, 1866; and whereas said sett-lers the motion to reconsider is withdrawn. did make homeswad entries in compliance with the provisions of the above-named homestead acts; and whereas said lands are claimed by certain railway companies: EXECUTIVE SESSION. we believe that a presentation of tho facts will enable Uon.gress to pass such en abling act or acts as are necessary to secure to salrl settlers titles to 1heir lands and The Senate thereupon proceeded to the consideration of executive to compensate said railway companies for any los. es they may susta.in byrea.son of business. After fifty-five minutes spent in executive session the such act or acts. To that end a copy of the homestead papers in the case of Hiram doors were re-opeued; and (at fom o'clock and twenty minutes p.m.) Watts are inserted herein, the facts contained in which present the situation of the Senate adjourned. hundreds of others. RECEIVER'S OFFICE, Topeka, Kansas, March 18, 18~9. R-eceiver's receipt, No. 1831. Application :ro. 1831. Received of Hiram Watts the sum of $12.59, being the amount of fee and compen. sa.tion of register anc.l receiver for the entry of the south half of southwest quarter HOUSE OF REPRESENTATIVES. of lot 4 of section 30, in township 22 of r.111ge 22, under the acts of Congress ap· proved May 20, 1862, and March 21, 1864, entitlecl ".A.n act to secure homesteads to FRIDAY, March 3, 1876. actual settlers on the public domain. 12.59.] The House met at twelve o'clock m. Prayer by the Chaplain, Rev. JOEL HUNTOON, I. L. TOWNSEND. Receiver. The Journal of yesterday was read and approved. [Proof required under homestead acts, May 20, 1862, and June 21, 1866.] We, J. E. Wishard and Moses Jones, do solemnly swear that we have known TESTIMO:r-.TY IN THE CASE OF GE~TERAL SCHENCK. Hiram Watts for seven years last past; that he is tlie head of a family consisting of a wife and one child, and is a citizen of the United States; that he'is an inhab Mr. SW~TN, by unanimous consent, submitted the following reso itant of the south half of the southwest quarter of lot No.4 of section 30, in town lution; which was read, considered, and agreed to: ship 22 of range 22, and that no other per. on resided upon the said land entitled t~ Resolved by the House of Representatives, That the Committee on Foreign Affairs the rip;ht of homestead or pre-emption; that the said Hiram Watts entered upon be, and they are hereby, authorized to print from time to time such testimony bear and made t1ettlementon saillland on the 2d day of June, 1868, and has built a bouse ing upon the investigation now going on in that committee in relation to the case thereon of lo~s. It is nineteen feet long and seventeen feet wide, shingle roof, two of General Schenck, our minister at the Court of St. James, as ma,y be deemed doors, two wmdows, lumber floors, on& and a half stories high, and is a comfort..'\ proper in the judgment of said committee. - ble house to live in, and he has lived in the said house and made it his e11.olusive home from the lOth day of July, 1 ~68, to the present time, ha.vincr lived in a. tern. KANSAS PACIFIC RAILWAY COMPA.}>.TY. pora1-y shanty Qn said land from the 2d day of June, 1868, to said 'aate, and t-hat he has, since satd settlement, plowed, fenced, aod cultivated about fifty-one acres of Mr. PHILLIPS, of Kansas, by unanimous consent, presented the said land, and has made the following improvements thereon, to wit: lie has built following concmrent resolution of the Legislature of the State of a board stable, co,rered with hay, anc.l a granary of board , antl has planted an orcllard of four hundred apple, peach, and cherry trees, and one hundred and eighty apple Kansas; which was ordered to be printed: trees in nursery, and one hundred and ninety rods of hedge fence, and has dug and Senate concurrent resolution No.2. r elating to lands of the Ka-nsas Pacific Railway walled two wells, and has planted a.bout one thousand forest trees. . . Company, and the right to tax the same. J. E. WISHARD. Whereas the Kansas Padfic Railway Company, holding lands in the State of MOSES JONES. Kansa , have thus far failec.l to perfect the title to a. large portion of their lands I certify that the above affidavit was taken .and subscribed before me thi.s 21st within the limits of said State, whereby such lands are, by deoi.~ion of tho tiupreme day of October, 1875. Uourt?f tho United States, exempt from taxation; and whereas. said company has W. H. FITZPATRICK, been liberally endowed, both by the bonds of the United States and a >aluable Register. landed domain, and, while they have regarded their title to said lands as sufficient I certify J. E. Wishard and Moses Jones, whose names are subscribed to the to execute a mortgage thereon, to make contraots for conveyances of the same. and, foregoing affidavit, are persons of re.spectability. in cases of waste or trespass committed upon such lands, to enjoy in the courts of W. H. FITZPATRICK, this State the same protection that is given to its citizens; and whereas the claims Register. of equity and justice alike demand t.hat these lands shonlc.l bear their just propor tion of the public burden and be subject to the same laws which govern the subject (Final affidavit required of homestead claimants, a-et May 20, 1862.] of taxation as other property of a like character is subject in the State of Kansas ; I, Hiram Watts, having made a home.stead entry of the south one-half of the and whereas this just regulation is sought to be defeated I.Jy the continued neglect southwest one-quarter of1ot number 4, section 30, in township 22 of range 22, sub· of the said railroad company to perfect its title to the same by payin~ to the United ject to entry at Topeka, Kansa-s, under the first section of the homestead act of May States a no~l um of money to liquidate certain costs of survey and convey 20, 1862, do now apply to perfect my title thereto by virtue of the first proviso to ance, as pronded by the terms of the several acts of Cmigre s, making the grants the seconll section of said act, and for that purpose do solemnly swear that I am· of land referred to: Therefore, the head of a family and a citizen of the United States; that I have made actual Be it resolved by the Renate of the State of Kansas, (the house of representatives settlement upon and have cultivated saiclland, having resided thereon since the 2d concurring,) That the Congress of the Unitec.l i5tates is hereby requested to pass, as day of J tme, 1868, to the present time; that no part 01 said land has been alienated, speedily as possible, a law providing that the neglect of the said Kansas Pacific but that I am the sole bona fide owner as an actual settler, and that I will bear true Railway Com)!any or the partie!\ in interest to pay the costs of survey and coovey allegiance to the Government.of the United States. ance, as aforesaid, shall not prevent the legal t-1tle to said lands vesting iu sa1d HII,tAM WATTS. 1446 CONGRESSIONAL RECORD-· HOUSE. MARCH 3, I, W. H. Fitzpatrick, register of the land office at Topeka, Kansas, do hereby A bill (S. No. 408) for the relief of Assistant Surgeon Thomas F. certify that the above affidavit was taken and subsclibed before me this 21st day of October, 1875. · Azpell, United States Army; W . H. FITZP.A. TRICK, A bill (S. No. 425) granting a pension to James Eli Butts and Ma Register. linda Frances Butts: LAND OFFICE, A. bill (S. No. 443) for the relief of A.lstorpheus Werninger; Topeka, Kansas, October 21, 1875. A bill (S. No. 464) for the relief of the .Albemarle and Chesapeake I hereby certify that the annexed final proof, and also the sum of $2.59 in full Canal Company; payment of final homestead co!Dmissions on the lot number 4 of section 30, town A bill ( S. No. 479) for the relief of William L. Adams, late collector ship 2'2 of range 2'2 east, was this day tendered to me and by me refused. Witness my hand this 21st day of October, 1875. of customs at Astoria, Oregon; and W. H. FITZP.A. TRICK, A. bill (S. No. 4\JO) for the relief of Hibben & Co., of Chicago, illi Register. nois. Therefore, be it resolved by the house of representatives, (the senate concurring,) ORDER OF BUSINESS. That our Senators in Congress be instructed and our Representatives be requested to use their utmost endeavors to secure the passage of an actor acts to accomplish The SPEAKER. The Chair will state to the House that there is the ends hereinbefore set forth. quite a number of bills upon the Speaker's table, which, in the judg Reso!ved, That the secretary of state be, and is hereby, instructed to furnish our ment of the Chair, had better be referred to their appropriate com Senators and Representatives in Congress with a copy of this resolution. mittees. Is there objection to the reference at this timeT I certify that the above resolution passed the house January 25, 1876. HE.NRY BOOTH, There was no objection. Ohiej Olerk. PRLL"'ITING OF EULOGIES. Cononrred in by the senate January 27, 1876. JOHN H. FOLKS, Mr. HOAR. There are two concurrent resolutions upon the Speak Secretary of Senate. er's table in regard to the printing of 12,000 copies of the enlogies de I, Thos. H. Cavanaugh, secretary of state of the State of Kan as, do hereby livered in the two Hou es of Congre s upon the lateAndTew Johnson certify that the foregoing is a true and correct copy of the original resolution on and the late Henry Wilson. They have been returned from the Sen file in my office. . In testimony whereof I have hereunto subscnbed my name and affixed the great ate with amendments. The amendments are the same in each ca ~ seal of.the State. Dated at Topeka, this 7th day of Jt' ebruary, A. D. 1876. ·and consi tin changing the number of copies to beprintedfrom9,000 rL. s.] THOS. H. CAVANAUGH, for the House and 3,000 for the Sen~te to ,000 for the Hou e and 4,000 Secretary of State. for the Senate. I suppose there will be no objection to concurring in WIDSKY FRAUDS. those amendments. l\Ir. SPRINGER. I ask unanimous consent to"offer the following The amendments were concurred in. resolution for adoption now : Resolved, That the Committee of Ways and Means be instructed to inquire wheth REFERENCE OF BILLS, ETC. er the recent investi~ations by the United States grand juries and prosecutions in The following House bills returned from the Senate with amend the courts of those charged 'vith frauds upon the revenue have been sufficiently thorough to expose all thtJ defects in the laws for the oolJection of the tax on distilled ments were then taken from the Speaker's table, and referred as fol spirits, and the persons engaged in defraDfling the Government in the collection lows: thereof, and to report as soon as practicable whether any further legislation in rela A. bill (H. R. No. 198) to relieve. the disabilities of Robert Tansill, of tion thereto should be ordered by this House, and in what manner. Virginia-to the Committee ou the Judiciary. Mr. TOWNSEND, of New York. I call for the regular order. A bill (H. R. No. 810) making appropriations for thE\ support of the Mr. KASSON. I ask that the resolution be again read. Military Academy for the fiscal year ending June 30, 1877- to the Com 1\Ir. TOWNSEND, of New York. Then I do ouject to it. mittee on Appropriations, and ordered to be printed. SAND BEACH HARBOR, MICIDGAN. A bill (H. R. No.1596) granting a pension to Rut.h Ellen Greelaud to the Committee on Invalid Pensions. The SPEAKER, by unanimous consent, l.a.id before the Houso a let The following Senate bills and joint resolutions were also taken ter from the Acting Secretary of War, transmitting the report from from the Speaker's table, read a :first and second time, and referred as Major Weitzel, of the Engineer Corps, under the government andcon follows: · tro'l of the harbor of refuge at Sand Beach, Michigan; which was A bill (S. No. 84) extending the time for the redemption of lands referred to the Committee on Commerce. held by the United States uuder the several acts levying direct taxes, QUARTERlVIASTER-GKNERAL. and for other purposes- to the Committee of Ways and Means. The SPEAKER also latd before the House a letter from the Secre A bill (S. No. 446) for the relief of Daniel Stickney, of Presque Isle, tary of War, on the removals in the office of the Quartermaster-Gen Maine-to the Committee on Appropriations. eral, in Washington, District of Columbia; which was referred to the A joint resolution (S. R. No.5) authorizug First Lieutenant Henry Committee on Military A.fiairs. Metcalfe, of the Ordnance Department United States .Army, to accept a decoration from the Sultan of Turkey- to the Committee on Foreign MESSAGE FROM THE SENATE. A.ffairs. A message from the Senate, by Mr. SYMPSON, one of its clerks, an A bill (S. No. 199) for the relief of the estate of the late payma ter nounced that the Senate had passed without amendment House bill Major John S. Walker, United States Army- to the Committee on of the following title: · 1\filitary A.ffairs. A. bill (H. R. No. 29) for the relief of First Lieutenant Henry Jack- A bill (S. No. 309) for the relief of William L. Nance- to the Com son, Seventh Cavalry, United States .Army. · mittee on War Claims. The message also announced that the Senate bad passed bills of the A bill (S. No. 382) to appropriate $1,000 to remove the remains of following titles; in which the concurrence of the House was re Hon. E. Rumsey Wing, late minister to Ecuador, from Quito to tho quested : cemetery at Owensborough, Kentucky- to the Committee on Appro An act (S. No.3) for the relief of .Alvis Smith; priations. A bill (S. No. 35) equalizing pensions of certain officers in the Navy; A. bill (S. No. 431) granting a pension to Elizabeth B. Thomas, widow A bill (S. No. 46) granting the right of way for a railroad and tele- of General Lorenzo Thomas, late of the United States Army-to the graph line to the Walta Walia and Columbia River Railroad Com Committee on Invalid Pensions. pany across the ]'ort Walla Walla military reservation j,n vVashington A joint resolution (S. No. 9) authorizing Hon. William L. Scruggs, Territory; United States minister at Bogota, to accept a present from the Queen A bill (S. No. 73) to extend the time for filing claims for additional of Great Britain- to the Committee on Foreign A.ffairs. bounty under the act of July 28, 1866; . A bill (S. No. 3) for the relief of Alvis Smith- to the Committee A bill (S. No. 82) for the relief of Amos B. Ferguson; on Appropriations. A bill (S. No. 123) for the relief of Philip S. Wales, medical inspect A bill (S. No. 35) equalizing pensions of certain officers of the Navy or in the United States Navy; to the Committee on Naval Affairs. A bill (S. No. 236) for the relief of Frances A. Robinson, adminis A bill (S. No. 46) granting the right of way for a railroad and tele tratrix of the estate of John M. Robinson, deceased; graph line to the Walla Walla and Columbia River Railroad Com A bill (S. No. 295) to amend an act entitled" An act giving the ap pany across Fort Walla Walla reservation, in Washington Territory proval and s~nction of Congress to the route and termini of the Ana to the Committee on Military A.ffairs. costia and Potomac River Railroad Company and to regulate its con- A bill (S. No. 73) to extend the time for :filing claims for additional struction and operation; - bounty under the act of J uly 28, 1866-to the Committee on Military A bill (S. No. 320) to reduce the number and increase-the efficiency A.ffairs. of the Medical Corps of the United States Army; A bill (S. No. 82) for the relief of Amos P . Ferguson- to the Com A. bill (S. No. 326) for the relief of the widow of L. H. Rousseau, mittee on Milita,ry A.ffairs. deceased, late brigadier-general and brevet maJor-general of the United A bill (S. No.123) for the relief of PhilipS. Wales, medical inspector States Army; . in the United States Navy- to the Committee on Naval A:ffaiTs. A bill (S. No. 359) to incorporate the Washington City Inebriate .A. bill (S. No. 237) for the relief of Frances A. Robinson, adminis Asylum in the District of Columbia; • tratrix of the estate of John M. Robinson, deceased- to the Commit .A. bill (S. No. 366) to fix the date of entry into t.he military service tee on War Claims. ·of Colonel and Brevet Major-General Benjamin H. Grierson, United A bill (S. No. 295) to amend an act entitled "An act giving the ap Statets Army, and to correct his record on the .Army Register; proval and sanction of Congress to the route and termini of the Ana. A bill(~ No. 394) to amend the actentitled "An act to provide for costia and Potomac River Railroad, and to regulate its construction fnmishing trusses to disabled soldiers," approved May 28, 18i2; and operation "- to the Commit'tee for the District of Columbia. t • 1876. CONGRESSIONAL R.ECORD-HOUSE. 1447 A bill (S. No. 320) to reduce the number and increase the efficiency passed; and also moved that the motion to reconsider be lai?- on the of the Medical Corps of the United States Army-to the Committee table. . on Military Affairs. The latter motion was agreed to. A bill (S. No. 326) for the relief of the widow of L. H. Rousseau, CHANGE OF REFER:~j:NCE. late brigadier-general aud brevet major-general of the United States Army-to the Committee on Invalid Pensions. - Mr. HUNTON, from the Committee on the Judiciary, moved that A bill (S. No. 359) to incorporate the Washington City Inebriate committee be discharged from the further consideration of the follow Asylum, in the District of Columbia-to the Committee for the Dis ing cases, and the same be referred to the Committee on War Claims; trict of Columbia. which motion was agreed to: A bill (S. No. 366) to :fix the date of entry into the military service The memorial of Alexander Worrall; and of Colonel and Brevet Major-General Benjamin H. Grierson, United A bill (H. R. No.1443) for t.he relief of Raphael M:. Miller. States Army, and to correct his record on the .Army Register-to the ADVERSE REPORTS. Committee on Military Affairs. . 1\-fr. LAWRENCE, from the same co.mmittee, reported back the fol A bill (S. No. 394) to amend the act entitled "An act to provhle for lowing cases adversely, and moved that they be laid on the table; furnishing trusses to' disabled soldiers," approved May 28, 1872-to which motion was agreed to : the Committee on Military Affairs. A bill (H. R. No. 112) for the relief of B. E. Cooper; and A bill (S. No. 408) for the relief of Assistant Surgeon Thomas F. The petition of John T. Bristow, asking for the remission of a :fine Azpell, United States Army-to the Committee on Military Affa,irs. imposed uponhimbythe United States districtcourtfortheMaryland A bill (S. No; 425) grantin~ a pension to James Eli Butts and Ma district. linda Frances Butts-to the vommittee on Invalid Pensions. A bill (S. No. 443) for the relief of Alstorpheus Werninger-to the SARAH WILSON. Committee on Military Affairs. 1\-fr. LAWRENCE, from the same committee, to which was referred A bill (S. No. 464) for the relief of the All;>emarle and Chesapeake the petition of Sarah Wilson, of Braxton County, West Virginia re Canal Company-to the Committee on Naval Affairs. ported a bill (H. R. No. 2456) to release any title of the United States A bill (S. No.479)for the relief of William L. Adams, late collector to a certain tract of land in Braxton County, West Virginia, for Sarah of customs at Astoria., Oregon-to the Committee of Ways and Means. Wilson; which was read a :first and second time, referred to the Com A bill (S. No. 490) for the relief of Hibben & Co., of Chicago, llli mittee of the Whole Reuse on the Private Calendar, and, with the nois-to the Committ~e of Ways and Means. accompanying report, ordered to be printed. Mr. RAJ\TD.A.LL moved to reconsider the various votes of reference; E. XC~GE NATIONAL BANK OF PITTSBURGH, PENNSYLV.ll\TJA. and a,lso moved that the motion to reconsider be laid on the table. Mr. MCCRARY, from the same committee, moved that committee The latter mot~on was agreed to. be discharged fTom the further consideration of a bill (H. R. No. 2018) SOLDIERS OF THE W A.R OF 1812. to authorize the Exchange National·Bank of Pittsburgh, Pennsylva Mr. HUNTON. Before the morning hour begins I ask unanimous nia, to improve certain real estate, and the same be referred to the Com . con ent to submit a report from the Committee on Revolutionary Pen mittee on Banking and Currency; which motion was agreed to . sions and War of 1812. The SPEAKER. The Chair hears no objection and the gentleman M. S. REED .ll.TD Q. REED. will proceed. • · Mr. McCRARY also, from the same committee, reported back the fr. HUNTON. I am directed by the Committee on Revolutionary bill (H. R. No. 1612) for the relief of Marcus S. Reed and Quincy Reed, Peusions and the War of 1i312to report back the bill (H. R. No. 1605) of South Abington, in the State of Massachusetts, and moved that amending the laws granting pensions to the soldiers and sailors of the committee be discharged from the further consi MISSION OF SAINT JAMES, WASHINGTON TERRITORY. artillery who suffered by :fire at Fort Hamilton, New York Harbor, on Mr. BUCKNER, from the Committee on Private Land Claims, re the 3d day of March, 1875; which was read a :first and second time, ported back, with a favorable recommenclation, the bill (H. R. No. referred to the Committee of the Whole on the Private Calendar, and, 820) for the relief of the Mission of Saint James, in Washin~on Ter with the report, ordered to be printed. ritory ; and the same was r0ferred to the Committee of the w·hole on COURT OF CLAIMS. the Private Calendar, and the accompanying report ordered to be Mr. STRAIT, from the same committee, reported back, with an ad printed. verse recommendation, the bill (H. R. No. 447) authorizing petitions LIEUTENANT JAMES B. SINCLAIR. to be filed in the Court uf Claims in certain cases. Mr. BANNING, from the Committee on Military Affairs, reported The bill wa~ laid on the table, and the report ordered to be printed. ba-ck, with a favorable recommendation, the bill (H. R. No. 1071) for the relief of Lieutenant James B. Sinclair, United States Army; and HENRY E . WILKINSON. the same was referred to the Committee of the \Vhole on the Private Mr. STRAIT also, from the same committee, reported back, with a Calendar, and, with the accompanying report, ordered to be printed. favorable recommendation, the bill (H. R. No. 1402) for the reli f of SAMUEL GREEK. Henry E. Wilkinson, late first lieutenant Ninety-ninth Regiment Penn sylvania Volunteers; which was referred to the Committee of the Mr. A. S. WILLIAMS, from the Committee on Military Affairs, re \Vhole on the Private Calendar, and the accompanying report ordered ported back the bill (H. R. No. 302) for the relief of Samuei Greek; to be printed. and moved that the committee be discharged from the further con ~y OSTERHELD. sideration of the same, that it be laid upon the table, and that the accompanying report be printed. Mr. TERRY, from the same committee, reported back, with an ad The motion was agreed to. verse recommendation, t.he bill (H. R. No. 713) for the relief of Henry Osterheld, late first lieutenant in the Sixty-eight Regiment New York THEODORE F. MILLER. Volunteers; and the same was laid on the table. Mr. GLOVER, from the Committee on Military Affairs, reported a bill (H. R. No. 2459) for the relief of Theodore F. Miller, late private NEWPORT BARRACKS. Company G, Third Regiment Iowa Volunteers; which was read a Mr. TERRY also, from the same committee, reporte.¢1. back with amend first and second time, referred to the Committee of the Whole on the ments the bill (H. R. No. 1055) to authorize the Secretary of War to Private Calendar, and, with the accompanyihg report, ordered to be convey to the city of Newport, Kentucky, the grounds at the conflu printed. ence of the Licking with the Ohio River, in Campbell County, Ken CHARLES W. HILL. tucky, known as the Newport Barracks. Mr. GLOVER also, from the Committee on 1\filitacy Affairs, reported The bill and amendments were read. a bill (H. R. No. 2460) for the relief of Charles W. Hill, of Urbana, Mr. HOLMAN. I suppose there is a report accompanying this bill. Ohio; which was read a first and second time, referred to the Com I therefore suggest that the bill be referred to the Committee of the mittee of the Whole on the Private Calendar, and,~with the accom Whole on the Private Calendar, and that the report be printed. panying report, ordered to be printed. 1\fr. TERRY. I did not deem it necessary to make a written report in this case, but I will ask the Clerk to read the reply of the Secretary' GOVERNMENT PROPERTY AT HARPER'S FERRY. of War to the inquiry of the committee as to the propriety of the pas Mr. HARDENBERGH, from the Committee on Military Affairs, re sage of this bill. ported back a resolution 1·egarding the purchase of Government Mr. HOLl\!A.N. I raise the point of order that this bill should have property at Harper's Ferry, and moved that the committee be dis its first consideration in the Committee of the Whole. There are a charged from the further consideration of the same, that it belaid on great many cases of the same kind. the table, and that the accompanying report be printed. The SPEAKER p1·o tempore, (Mr. HOSKINS.) The Chair would ask The motion wa-s agreed to. if the bill makes an appropri!\tion of money T STATUE OF EX-ATTORNEY-GENERAL BATES. Mr. TERRY. It make~ no appropriation. Mr. HANDENBERGH also, from the Committee on Military Affairs, 1\fr. ~USK. It makes an appropriation of property. reported back, with an adverse recommendation, the bill (H. R. No. The SPEAKER pro tempm·e. Is it an appropriation of public prop 90) authorizing the Secretary of Wa1· to deliver to the commissioners erty or of any property belonging to the Government nowY of Forest Park, Saint Louis, eight condemned cannon, to be used in 1\fr. TERRY. It is simply a relinquishment by the Government of constructing the base of the statue of Ex-Attorney-General Bates; certain property. and the same was laid on the table, and the accompanying report The SPEAKER pm ternpore. If the gentleman from Indiana insists ordered to be printed. upon his point of order, the Chair will rule upon it. Mr. HOLMAN. I have no objection to ·suspend the point of order ANTlETAM NATIONAL CEMETERY. until these gentlemen can be beard, but there are a multitude of these Mr. HARDENBERGH also, from the Committee on Military Affairs, cases,·and I think it is well that we should consider them carefully. reported back the bill (H. R. No. 1231) for the relief of the board of The SPEAKER p1·o temp01·e. The Chair sustains the point of order, trustees of the Antietam National Cemetery, with an amendment and and the bill is refened to the Committee of the Whole on the Private the recommendation that the bill a-s amended be passed. Calendar and the report ordered to be printed. The bill was read. It provides that, for the purpose of discharging :Mr. JONES, of Kentucky. Does the Chair decide that this is an the balance of the indebtedness incurred by the board of trustees of appropriation of money or land Y the Antietam National Cemetery in establishiug the same and improv The SPEAKER p1·o tempm·e. It is an appropriation of property be iug the grounds thereof and the proper burial therein of the soldiers longing to the United States to other parties. who fell on the battle-field of Antietam, there be appropriated the 1\fr. JONES, of Kentucky. It is only a relinquishment. sum of $15,000, out of any money in the Treasury not otherwise ap The SPEAKER pro tempore. The Chair thinks the point of order propriated, or so much thereof as may be necessary, to be expended well taken, and the bill has been referred to t_he Committee of the under the direction of the Secretary of War, in the liquidation of such Whole on the Private Calendar. indebtedness; and it shall be the duty of the Secretary of War to FERIBA A .• GREGG. hereafter provide for the preservation and superintendence of the said cemetery as one of the national cemeteries of the Unit,ed States under Mr. JOHN REILLY, from the Committee on Military Affairs, re the laws now in force in regard to such national cemeteries. ported adversely on the bill (H. R. No. 1267) for the relief of Feriba The amendment reported by the committee was read, as follows: A. Gregg. The bill was laid on the table. .Add to the bill the following proviso: Provided, That the saitl sum of 15,000, or so much thereof as may be necessary REV. JOHN R. HAMILTON. to discharge the present exjstingindebtedness, sha-ll not be paid until the legal title to said property ~hall be vested in the United States. Mr. JOHN REILLY also, from the same committee, reported ad -versely upon the bill (H. R. No. 649) for the relief of Rev. John R. 1\fr. HOLMAN. I hope the amendm&nt will be read again. I did Hamilton, of West Virginia. not exactly catch its import, but I think it is right. The bill wa,s laid on the table. The amendment was aO"ain read. Mr. HOLMAN. I thi~ the amendment iiS right, and I have no ob BOUNTY TO SOLDIERS. jection to it. On motion of Mr. JOHN REILLY, the Committee on Military Af The amendment was agreed to. fairs was discharged from the further consideration of the petition The bill as amended was ordered to be engrossed and read a third of Alfred Sweeney and 47 other citizens of Bra-<:lford County, Penn time ; and being engrossed, it was accordingly read the third time, sylvania, late soldiers of the United States, praying for the enacting and passed. of a law appropriating one hundred and sixty acres of the public do Mr. HARDENBERGH moved to reconsider the vote by which the main for actual settlement to all soldiers who have ser:ved for the bill was passed ; and also moved that the motion to reconsider be laid period of thirty days in -the military or marine service of the United on the table. States and have been honorably discharged therefrom; and the same The latter motion was agreed to. was refened to the Committee on Public Lands. RELIEF OF ARTILLERY OFFICERS. LEAVE OF ABSENCE OF ARMY OFFICERS. 1\fr. MAcDOUGALL also, from the same committee, reported a bill Mr. BANNING, from the Committ.ee on Military Affairs, reported (R. R. No. 2461) for the relief of certain officers of the United States back, with a favorable recommendation, the bill (H. R. No. 1692) to 1876. CONGRESSIONAL RECORD-HOUSE. 1449 amend an act approved May 8, 1874, in regard to leave of absence of M. SOMERS. Army officers. · Mr. JENKS moved that the petition and a-ccompanying report in The question wa-s upon ordering the bill to be engrossed and read the case of M. Somers, private of Company D, Seventy-first Regiment a third time. New York Volunteers, be taken from the table, and recommitted to The bill so amends the act approved May 8, 1874, in regard to leave the Committee on Invalid Pensions. -of absence of .Army officers as to allow all officers on duty sixty days' The motion was agreed to. leave of absence without deduction of pay or allowance, the same to be taken once in two years, and provides that the leave of absence BUTTLER FITCH. may be extended to tlu:ee months if taken once only in three years, Mr. RICE, from the Committee on Invalid Pensions, reported as a or four months if taken only once in four years ; this act shall take substitute for Honse bill No. 2009 a bill (H. R. No. 246G) granting a e1l'ect from and after ita passage. · pension to Buttler Fitch, late a captain in the Eighth Independent The bill was ordered to be engrossed and read a third time ; and New York Battery; which was read a first and second time, referred being engrossed, it was accordingly rea-d the third time, and passed. to the Committee of the Whole on the Private Calendar, and, with the a-ccompanying report, ordered to be printed. REDICK M'KEE. FRAI.~CIS CURRAN. Mr. SEELYE. I wa-s absent from my seat when the Committee on Indian Affairs was called; and I ask unanimous consent to submit a Mr. RICE also, from the same committee, rf\ported back, with' a report from that committee at this time. favorable recommendation, t.he bill(H.R. No.1176) granting a pension No objection was made. to Francis Curran, Thirteenth Indiana Cavalry; which was referred to Mr. SEELYE. I am directed by the Committee on Indian Affairs the Committee of the Whole on the Private Calendar, and the ac to report back with a favorable recommendation House bill No. 620 companying report ordered to be printed. for the relief of· Redick McKee; and to move that it be referred to JOHN GROPPER. the Committee of the Whole on the Private Calendar, and the aC·· Mr. RICE also, from the same committ.ee, reported back, with a fa companying report be printed. vorable recommendation, the bill (H. R. No. 1178) granting a pension The motion wa-s agreed to. to J obn Gropper; which was referred to the Committee of the Whole on the Private Calendar, and the accompanying report ordered to be COLLEGE OF WILLIAM AND MARY, VIRGINIA. printed. Mr. HOAR. I ask unanimous consent to report from the Commit MESSAGE FROM THE PRESIDENT. tee on Education and Labor a bill for the relief of the College of Will iam and Mary, in Virginia, for property destroyed during the late A message in writing from the President was communicat.ed to the war: and to move that it be referred to the Committee of the Whole Rouse by his Private Secretary; who also informed the Honse that the on the Private Calendar, and that the bill be printed. The bill is a PresiP,ent had approved and signed a joint resolution and bills of the substitute for House bill No. 751, referred to the committee. House of the following titles: · There being no objection, the bill (H. R. No. 2462) was received, A joint resolution (H. R. No. 73) authorizing and .requesting the read a first and second time, ordered to be printed: and referred to the President of the United States to present the medal made for William ·committee of the Whole on the Private Calendar. H. H. Nash to his widow, Mrs. Keturah Nash; Mr. HOAR. I ask that an order be now made for the printing of a . An a-ct (H. R. No. 1328) to amend an act entitled "An act to enable report, to be hereafter submitted, to accompany this bill. the people of Colorado to form a constitution and State government There was no objection, and it was .so ordered. and for the admission of said State iuto the Union on an equal footing with the original States;" LEROY D. SUTTON. An act (H. R. No. 1384) to change the name of the schooner Turner Mr. JENKS, from the Committee on Invalid Pensions, reported back & Keller, of Oswego, to that of Falmouth; and a bill (H. R. No. 1469) for the relief of Leroy D. Sutton, and moved An act (H. R. No. 1590) to-remedy an error in enrollment. that the committee be discharged from its furt.her consideration, and WILLIAM ANDERTON. that it be referred to the Committee on Revoolutionary Pensions. Mr. RICE, from the Commitree on Invalid Pensions, reported back The motion was agreed to. - adversely the bill (H. R. No. t535) granting a pension to William An ANDREW IVORY. derton; which was laid on the table, and the accompanying report Mr. JENKS also, from the same committee, reported back a peti ordered to be printed. tion for the relief of Andrew Ivory, and moved that it be referred to SARAH J. KING. the Committee on War Claims. Mr. RICE also, (for Mr. BAGBY,) from the same committee, reported The motion was agreed to. a bill (H. R. No. 2467) granting a pension to Sarah J. King; which ADVERSE REPORTS. was read a first and second time, referred to the Committee of the Whole on the Private Calendar, and, with the accompanying report, Mr. JENKS also, from the same committee, reported adversely upon ordered to be printed. the following; which were laid on the table, and the accompanying reports ordered to be printed: HENRY H. WHARFF. A bill (H. R. No. 936) for the relief of Mrs. Matilda King, of Can Mr. RICE also, (for Mr. BAGBY,) from the same cominittee, r~- · ton, Lewis County, Missouri; and ported back, with a favorable recommendation, the bill(H.R.No.1204) The memorial of Elizabeth T. Beall, for an increa-se of pension. granting a pension to Henry H. Wharff, of Company C, Eighteenth Regiment Ohio Volunteers; wb.ich was referred to the Committee of ADAM SMOUSE. the Whole on the Private Calendar, and the accompanying report Mr. JENKS also, from the same committee, report,ed a bill (H. R. No. ordered to be printed. 2463) granting a pension to Adam Smouse; which was read a first and WII..:RY G. WOODY. second time, referred to the Committee of the Whole on the Private Mr. RICE also, from the same committee, reported back adversely Calendar, and, with the accompanying report, ordered to be printed. the petition of Wiley G. Wo.ody, asking to be restored to the pension roll; which was laid on the table, and the accompanying report or- NIRAM W. PRATT. dered to be printed. · Mr. JENKS also, from the same committee, reported back, with a CAROLINE VOGEL. favorable recommendation, the bill (H. R! .No. 1944) granting a pension to Niram W. Pratt; which was referred to the Committee of the Whole Mr. RICE also, from the same committee, reported back adversely .on the Private Calendar, and the accompanying report ordered to be the petition of Caroline Vogel, for a pension; which was laid on the printed. table, and the accompanying report ordered to be printed. ROSE MILLER. JULIA A. SCHUTT. Mr. JENKS also, from the same committee, reported back, with a Mr. YEATES, from the same committee, reported back, with ~end favorable recommendation, a bill (H. R. No. 1235) granting a pension menta, the bill (H. R. No. 197) granting a pension to Julia A. Schutt, to Rose Miller; which was referred to the Committee of the Whole widow of Martin Schutt, a deceased soldielj which was referred to on the Private Calendar, and the accompanying report ordered to be the Committee of the whole on the Private calendar, and the accom printed. panying report ordered to be printed. DIANA BRYSACKER. DAVID M'COMB. Mr. JENKS also, from the same committee, reported a bill (H. R. Mr. RAINEY, from the same committee, reported a bill (H. R. No. No. 2464) granting a pension to Diana Brysacker; which wa.s read a 2468) granting a pension to David McComb, late an employe in the first and second time, referred to the Committee of the Whole on naval service of the United States; which was read a first and sec the Private Calendar, and, with the accompanying report, ordered to ond time, referred ·to the Committee of the Whole on the Private be printed. Calendar, and, with the accompanying report, ordered to be printed. EMILY SCHWARTZ. The SJ;>,EAKER pro tempore, (Mr. HosKINs.) The morning hour Mr. JENKS also, from the same committee, reported a bill (H. R. has expi.fed. No. 2465) granting a pension to Emily Schwartz; which was read a OLIVER H. IRO:NS • .first and second time, referred to the Committee of the Whole on the Mr. CONGER, by unanimous consent, introduced a bill (H. R. No. Pr~vate Calendar, and, with the accompanying report, ordered to be 2469) granting a pension to Oliver H. Irons, late sergeant of Company pnnted. D, Twenty-third Michigan Volunteers; which was read a. first and 1450 CONGRESSIONAL RECORD-HOUSE. MARcil 3, second time, referred to the Committee on Invalid Pensions and or- 1\fr. BUCKNER. But what becomes of the bills which were ob dered to be printed. · ' jected to last Friday, and which still remain upon the Calendar t MARY A. HOUGH. T~e CHAIRl\iA.N. As the Chair ha.s already stated, the call now Mr. COCHRANE, by unanimous consent, introduced a bill (H. R. begrns where it left off on the last objection day; and when the Cal No. 2-170) grantin~ a pension to Mary A. Hough; which was read a eJ?d a~ has been gone through with the call will lJeain with the be first a,nd second tune, referred to the Committee on Invalicl Pensions gmmng of the Calendar, and under the rules it will then take the and ordered to be printed. ' objection of five members to prevent a bill being laid aside, to oe re J. A. MURRAY. porte~ to t~e House with _the recommendation that it do pas . The committee IS now proceeding upon the first call of the Calendar when :Mr. DUNNELL, by unanimous consent, introduced a bill (H. R. No. a &ingle objection will prevent a bill being laid asid~, to be reported 2471) for the relief of J. A. Murray; which was read a .first and sec to the House with the recommendation that it do pass. ond .time, referred to the Committee of Claims, and ordered to be printed. HERMA.lo."'N KREISMANN. JOHN FREY. The first business on the Pxivate Calendar was the.bill (H. R. No. Mr. HENDERSON, by unanimous consent, introduced a bill (H. R. 1988) for the relief of Hermann Kreismann, U niteu States consul-O'en- No. 2472) gra;nting a pension to John Frey; which was read a first eral at Berlin. o and second time, referred to the Committee on Invalid Pensions and The biU, which was read, directs the proper accounting-officer to ordered to be printed. ' credit Hermann Kreismann, United States consul-rreneral at Berlin · LAND CLAIMS ON NORTHERN PACIFIC RAILROAD. in his account, with the sum of $397.72, being in°full for cons~ funus stolen from the consulate on the 13th day of February 1873 Mr. ~G, by_ unanimous consent, introduced a, bill (H. R. No. 2473) without fault or neglect on the part of said consul. ' ' to authonze clatmants upon even-numbered ections of land within Mr. HOLMAN. I ask for the reading of the report in that ca e. the twenty-mile limits of the Northern Pacific Railroad to make proof It appears from the report that the claim is made on account of a and payment_for their claims at the ordinary minimnm rate of $1.25 loss alleged to have been sustained by said Kreismann on the 13th per a~re; which wa.s read a first and second time referred to the day of February, 187:3, by a larceny suppo ed to have been committed Committee on Public Lands, and ordered to be printed. by one Schimmrick, employed as porter in and a.bont the said consu ORDER 01<' BUSTh"'"ESS. late. ~.roce edi?gs were commenced in _the criminal court of the city Mr. WOOD, of New York, rose. of Berlin by smd cons~, and. warran~ tssued for the apprehension of Mr. BRIGHT. I rise to a question of order. I believe that this is the robber, and the testrmony taken m the case. An authentic tran private bill day-objection day-and that that business takes prece script thereof, together with the affidavit of the said K.I·eismanu dence in point of order over any other matters. ha.vin&' been submitted as proofs in the case, the committee find th~ fo!lowmg fac~ to be well_substantiated: That the robbery was com T.he ~P~AKER pro tempo1·~, (Mr. Ho~Kll\8.~ This being Frida.y, mitted by wh1ch 397.72 10 gold and currency, which bad been re and obJ ectwn. day, the ques~wn of consHleratwn may be raised be fe~s, tog~tber tw~en the busmess on the Pnvate Calendar and the special order on ceive?- by said c 534) for the relief of Rosetta Bert, (late Rosetta Scoville,) Charles C. directed to admit John News to the rights and benefits of said Soldiers' Benoist, and Logan Fanfan, half-breed Indians. Home; provided that it shall satisfactorily appear to said commis The bill, which was read, authorizes and directs the proper account sioners that said News has not incurred any of the disqualifications ing officers of the Treasury and Department of the Interior to pay, nam~d in section 4822 of the Revised Statutes of the United States. out of any money in the Trea ury not otherwise appropriated, to Mrs. The report states that it appears from the records of the War De Rosetta Hert, (late Rosetta Scoville,) Charles C. Benoist, Emily Be partment that said News served in the United States A.rmy for £om noist, and Logan Fanfan, each the sum of $204.38, as their distrib teen years, iu four several enlistments, commencing August 12, 1 ;>1, utive shares of the moneys arising from the sale of the lands known and was discharged by the War Department, at his own reque t, as the Nemaha half-breed reserve, on the Missouri River, in Nebraska. August 12, 1874. It also appears from the records of the Navy De There being no objection, the bill was laid a.side, to be reported to part.ment that said News served in the United States Marine Corps the House with the recommendation that it do pass. eight years, in two enlistments of four years each, making his whole HEIRS OF WILLI.A.M STEVENS. period of service in the Army and Navy about twenty-two years. By the act of March 3, 1 51, an honest and faithful service of The next business on the Private Calendar was the bill (H. R. No. twenty years in the Army is made a preliminary condition of admis 719) for the relief of the heirs.of William Stevens. sion into the Soldiers' Home. The committee believe that equitably The bill, which was read, authorizes the heirs of William Stevens the ca-se of this old soldier, who served in the two branches of ervice to enter at the United States land office at Sioux Falls, Dakota Ter twenty-two years, comes within the liberal spirit and intent of this ritory, the southeast quarter of section No.16, in township No. 101, in law, and is entitled to the benefits of the Soldiers' Home. They there~ range 49, npon the payment of $1.25 per acre therefor; and when fore unanimously recommend the passage of the accompanying joint said entry shall have been made and returned to the Commissioner of resolution. the General Land Office, a patent shall issue therefor as in other cases There being no objection, the joint resolution was laid a-side, to be of pre-emption entries. reported to the House with tbe recommendation that it do pass. It appears from the report, which was read, that William Stevens, in about the month of August, .A.. D. 1858, took up and settled upon MRS. C. THRUSH AND W. B. STO~. a ·tract of land in Dakota Territory, being the same land de The next business on the Private Calendar was the bill (H. R. No. scribed in the said bill, and that the land in the vicinity, including 732) for the relief of Mrs. Catherine Thrush and William B. Stone, the said tract, was not at that time surveyed, but was surveyed in the owners of the schooner Flight, with an amendment by the Commit following year, ( 1859.) tee on Naval .Affairs. Soon after the survey the said Stevens, in order to secure his right, The bill wa-s read. It authorizes and directs the Secretary of the filed a notice of his claim with the surveyor-general, (Hill, since Trea.sury to pay, out of any money in the Treasury not otherwise ap dead,) and paid him the fees, ·and was told by the surveyor-general propriated, to Catherine Thrush, widow, and William B. Stone, own that it was all right. In the cour e of the fall of 1A5<:5 be built upon ers of the schooner Flight, of the city of Baltimore, Maryland, the the said tract of laud a. small srone house, in which he resided, and sum of $4,000, which shall be in full compensation and damages for soon after a log stable, and fenced and cultivated about five acres of the loss of the schooner Flight, sunk in the Chesapeake Bay, October land, and continued to live iu the house and to make it his exclusive- 8, 1873, by a collision with the United States Steamer Tallapoosa.. · home until the autumn of 1862, when the Sioux Indiansattacked the The amendment of the committee was read, as follows: settlement and drove all the settlers away. Continued hostilities In line 7 strike out "$4,000" and insert" $3,000." with the Indians prevented t.he settlers from returning until 18G7. Mr. O'BRIEN. I ask that the report be read. In January, 1 67, Lhe land in question, under order of the President, The report was read as follows: wa included in the reservation of Fort Dakota, and continued so On t.he 8th da.v of October, 1873, the steamer Talla.poo&'lo, soon after entering reserved till June 10, 1869. In the spring- of 1869 Stevens returned the mouth of the Potomac River, saw a vessel's li"'ht bearin HARRIS B. LOVELL. The bill was read. It instructs ana requires the Secretary of the The next business on the Private Calendar was the bill (H. R. No. Interior to place the name of William H. H . .Anderson, late a private 1236) granting a pension to Harris B. Lovell, late a private in Com of Company B, Fir t Indiana Heavy Artillery Volunteers, on the pen pany C, One hundred and twenty-second Illinois Infantry Volunteers. sion-rolls of the United States at the rate -of $8 per month from and The bill was read. It authorizes and directs the Secretary of the after the passage of this act. Interior to place on the pension-roll, subject to the provisions and There being no objection, the bill was laid aside, to be reported favor limitations of the pension laws, the name of Harris B. Lovell, late a ably to the House. :private in Company C, of the One hundred and twenty-second Reg JOHN E. WUNDERLIN. rmentof Illinois Infantry Volunteers in the late war of the rebellion; The next business on the Private Calendar was the bill (H. R. No. the a{)t to take effect and be in force from and after its passage. · 183) granting an increase of pension to John E. Wunderlin, late a pri There being no objection, the bill was laid aside, to be reported vate in the Thirty-third Regiment of New York Volunteer Infantry. favorably to the House. The bill was read. It authorizes and directs the Secreta1·y of the JEFFERSON BOWERS. Interior to place oa the pension-rolls the name of John E. Wunderlin, late a private in the Thirty-third Regiment of New York Volunteer The next business on the Private Calendar was the bill (H. R. No. Infantry, at the rate of 24 per month, said pension to be in lieu of that 1588) granting an additional pension to Jefferson Bowers, of Mason now drawn by said John E. Wunderlin. Coonty, Illinois. There being no objection, the bill was laid a-side, to be reported favor The bill wa read. It authorizes and directs the Secretary of the ably to the Honse. Interior to place on the pension-roll, at an increased rate of pension, subject to the provisions and limitations of the pension laws, the name TREATY OF WASHINGTON, JULY 9, 1842. of Jefferson Bowers, of Mason County, illinois. The next business on the Private Calendar was the bill (H. R. No. There being no objection, the bill was laid aside, to be reported 186) to provide for compensation to the owners of certain lands ceded favorably to the House. by the United States to Great Britain in and by the treaty of ·wash JAMES W. THOMPSON. ington of July 9, 1842. The bill was read. The next business on the Private Calendar was the bill (H. R. No. Mr. HOLMAN; This bill has been frequently before Congress and 1245) granting a pension to James W. Thompson, late of Company H, will require explanation before it can pass. I object. Forty-seventh Illinois Volunteers. The bill was read. It authorizes and directs the Secretary of the LEWIS GOOD'Wni. Interior to place on the pension-ron, subject to the provisions and Ths next business on the Private Calendar was the bill (H. R. No. limitations of the pension laws, the name of James W. Thompson, 2160) for the relief of Lewis Goodwin, late keeper of the light-vessel late of Company H, Forty-seventh Illinois Volunteers, and pay him at Brant Island Shoals, in the State of North Carolina. • a, pension from and afte1' the passage of the act. The bill was read. It authorizes and directs the proper accountinu There being no objection, the bill was laid aside, to be reported officers of the Treasury to ac1jnst and settle the · a~count of Lewis favorably to the House. Goodwin, late keeper of the light-ves el at Brant Island Shoal, in the 1\IRS. LYDIA JOHNSON. St::tte of North Carolina, and allow him the amount, if any, for his The next business on.the Private Calendar was the bill (R. R. No. services there from the 1st day of January, 1861, to the 1st day of 1409) granting a pension to Mrs. Lydia Johnson, of De Witt County, April, 1861; and a sufficient sum is hereby appropriated for that pur illinois. pose out of any moneys not otherwise appropriated by law. The bill was read. It authorizes and directs the Secretary of the The report was read, as follows : Interior to place on the pension-roll, subject to the provisions and That it appears from the records of the Treasnry Department that the claimant, limitations of the pension laws, the name of Mrs. Lydia Johnson, of Lewis Good win, was employed as a seaman of theW olf Trap light-ves el, up to December 31, 1 60, at the rate of $18 per month. That there is no record of any pay De Witt County, Illinois. having been made to the claimant after December 31, 1860. Mr. HOLMAN. I ask that the report may be read. The bill is But it does not appear, except from the affidavit of the claimant, what amount of manifestly defective. service was rendered by the said claimant subsequent to December 31, 1 60, for which no payment was made. The repod was read, as follows : The committee, believing it to be equitable and just that the claimant be paid for The Committee on Invalid Pensions, to whom was referred the bill (H. R. No. whatever services he so rendered, do herewith report the accompanying bill for his H99) granting a pension to Lydia .Johnson, mother of Joel .Johnson, late a private relief, and recommend its passage. 80ldier of Company I , Forty-seventh Regiment Illinois Infantry Volunteers, ask lea.vo to submit the followin"' report: There being no objection, the bill was laid aside, to be reported fa The committee have carefully examined all the evidflnce on file, and find that vorably to the Ho1l8e. the soldier was enrolled as a private soldier in said company and regiment; that he was wounded in battle at Drury's :Bluff, Ma:v 14, 1864, and died of said wound in JAMES A. JACKSON AND OTHERS. June, 1864 ; that the soldier left the said Lydia Johnson, his mother, and Kenneth .John on, his father; that the father has not been able to support his family since The next business on the Private Calendar was the bill (H. R. No • 1858, either from infirmities or laziness; that the mother vas old, infirm, and poor, 545) for the relief of James A. Jacksou and others, securities of G. R. and, except the small amount of her own earnings, was dependent upon the labor H6rton, late postmaster at Monticello, Arkansas, with an amendment. of her son, the said .Joel .Johnson, for support; that, in fact, her said son supported The bill was read. It provides that James A. J a{)kson, John Hu sy, the famil.v by his labor before entering the service, and sent her money, while in the .Army, for her snpport. Eli Rogers, Iverson L. Brooks, and William F. Slemons, securities of This is the evidence of the family physician, the first lieutenant of the son's George R. Horton, late postmaster at Monticello, Arkansas, be re company, and numerous other credible witnesses. It is trnt- the case was preju leased from all liability as such securities on account of post-office diced by the dishonesty of the attorney who first prepared the case, but the evi money, stamps, and money-o~der funds stolen from said office on the dence shows that he was convicted and punished, and that she was in no way a party to or concerned in the dishonest practices of her attorney. 6th day of June, 1874, amounting to the sum of--, without any The committee are unanimous in the opinion that the evidence conclusively estab fault of the said securities or the said postmaster. lishes her right to a pension, and therefore report back said bill No. 1499, and rec The amendment reported by the Committee on the Post-Office and ommend its passage. Post-Roads was to insert "$1,078.48" after the words "sum of." Mr. HOLMAN. The rank and company and regiment of the sol Mr. HOLMAN. I ask for the reading of the report. dier are not stated in the bill. It would be impossible without the The report was read, as follows : statement of rank to fix the pension. The Committee on Post-Offices aJ:J.d Post-Roads, to whom was referred House bill .Mr. JENKS. To meet the objection of the gentleman from Indiana No. 545, for the relief of .James .A.. Jackson and others, have had the same under I offer the following amendment: consideration, and find that, on the night of the 6th of .Jnne, 1874, G. R. Horton postmaster at Monticello, while g;oing from the office to his home, and abont eleve.l After the word ".Johnson " insert the words "mother of .Joel .Johnson, late a o'clock at night, was set upon by three ma-sked men, gagged and taken some distance private soldier of Company I, Forty-seventh Regiment Illinois Volunteers. · from the road and tied to a tree, the kevs of the office and safe taken from him, and that some hours afterward he succeeded in arousing some of his neighbors, who The amendment was agreed to. liberated and went with him to the office, which was found open, as also the safe, in There being no objection, the bill was laid aside to be reported favor which were contained the moneys belonging to the Post-Office Department, the ably to the House. money-order department, and stmnps, amounting in the ag~egate ro the sum of MARY P • .A.BE~L. 1,078.48, without any negligence or fanlt of tlie said secunties or the said post master. They therefore report the said bill back and recommen~ its passage. The next business on the Private Calendar was the bill (H. R. No. 1992) granting an additional pension to Mary P. Abeel. The amendment reported by the committee was agreed to. The bill was read. It authorizes and directs the Secretary of the There being no objection, the bill, as amended, was laid aside, to be Interior to place on the pension-roll, subject to the provisions and reported favorably to the House. limitations of the pension laws, the name of Mary P. Abeel, widow SAMUEL RHEA. of James S. Abeel, late ordnance storekeeper in the United States Army, and pay her a pension of $20 per month as though the said The next business on the Private Calendar wa-s the bill (H. R. No. 912) to give the Court of Claims jurisdiction to hear and determine James S. Abeel had held the rank of captain in the Army of the the claim of the heirs of Samuel Rhea. United States; the act to take effect from its pasoage, and the pen The Committee on the Judiciary reported back the bill with an sion hereby granted to be in lieu of that which she is now receiving. amendment in the nature of a substitute. There being no objection, the bill was laid aside, to be reported The CHAIRMAN. If there be no objection, the substitute alone favorably to the House. will be read. WILLIAM H. H. ANDERSO:N. There was no objection, and the substitute was read. It authorizes The next business on the Private Calendar was the bill (H. R. No. the Court of Claims to investigate the claim of the legal representa 258) g~·anting a peusion to William H. H. Anderson. tives of Samuel Rhea for the net proceeds of cotton owned jointly by 1876. CONGRESSIONAL RECORD- HOUSE. 1453 the said Rhea and one John R. Fain; and, if said court shall be sat FffiST NATIONAL BANK OF SAINT ALBANS, VERMONT. istieu, from the evidence of the ownership of the said Rhea in said The next business on the Private Calendar wa the bill (S. No. 58) cotton, tha,t the same wa seized and sold and the proceeds thereof to pay the First National Bank of Saint AlballS, Vermont, the value have been paid into the Treasury of the United States, to award to of certain United Sta.tes Treasury notes held by said bank as finan his said legal repre entatives the net proceeds thereof as determined cial agent of the United States and forcibly taken therefrom by by the ·aid court in the case of John H. F:.ti.n, heretofore determin~d in raiders from Canada in October, 1864. said court; and the evidence heretofore taken in the said snit of John The bill was read. . H. Fain may be offered by either party. :Mr. COX. I think that bill ought to be discussed. I object. 1\llr. HOLMAN. I call for the reading of the report. The report wa read, as follows: PAYMENT OF CLAIMS. Mr. Samuel Rhea, in his life-time, early in the year 1862, jointly with one John The next business on the Private Calenda-r wa.s the bill (H. R. No. H. Fain, purchased a lot of cotton through the agency of one A. I. Ainsley. The 1218) making appropriations for the payment of claims reported to whole purchase amounted to $12,509.80. Of this amount Rhea furnished S7.499.80 Congress under section 2 of tlie act approved June 16, 1874, by the and Fain furnished 5,010. The whole amount of cotton purchased was two hun Secretary of the Trea-sury. dred and fifty-one bales. The parties all residecl in Georgia. The cotton was purchased by Ainsley in Augusta, Georgia, and was, in the fall The Clerk commenced the reading of the bill. of 1862, shipped to, and received by, one R. J. Loury, in Atlanta, Georgia. Twenty 1\lr. EDEN. This bill consists of ninet.een pages. If the committee five bales were sold by Loury, in ovember, 1863, to pay taxes, storage, &c.; one have power to dispense wit.h the further reading, I make that motion. hundred and twenty-five bales were shipped by Loury to Macon, Georgia, and form There being no objection, the further reading of the bill was dis- no part of this claim; forty-three bales were burned in the warehouse at Atlanta, G eorgi!~., during the shelling by General Sherman's forces, and form no part of this pensed with. claim. Mr. EDEN. I submit the following amendment: The remainder, being fifty-eight bales, remained in Atlanta, and was taken pos At the end of line 10 in the printed bill add the following: session of by the United States forces, and forwarded to Cincinnati and solU, and And embraced in the schedule of claims r eported by the Secr~ta:cy of the Treas the net proceeds, amounting to $20,873, have been paid into the Treasury of the ury at the commencement of the second session of the Forty-third Congress. United States. Mr. Samuel Rhea died in May, 1863, long before the cotton had been seized. The a.mendment was adopted. The act of Congress approved March 12, 1863, provides as follows: • And any per The CHAIR~IAl~. Is there objection to the bill, as amended, being son claimin~ to have been the owner of any such al)anclonecl or captured property may at any time, within two/_ears after the sup~ression of the reb?llion, pref~r his lain asiue, to be reported favorably to the Hout!e f cla1m to the proceeds thereo m the Court of Cla1ms; and on proof, to the satisfac .Mr. KERR. I object. tion of said court., of his ownership of said property, of his right to the proceeds :Mr. EDEN. I hope the gentleman will withdraw his objection. thereof, and that he has never given an;v aid or comlort to the present rebellion, to r eceive the residue of such proceeds, after the deduction of any purchase money Mr. HOLMAN. There are a. number of matters in the bill to be which may have be n paid, together with the expense of transportation and sale of inquired into. I think it should not be reported without an oppor said property, and any other lawful expenses attending the disposition thereof." tunity to debate. This act, and all of those amendatory of it, will be found at length in the appendix 1\lr. KERR. I insist on my objection. to the rules of the Court of Claims. The construction pla.ced upon these by the Supreme Court of the United States may be succinctly stated as follows: R . H. BUCKNER. First. This was not a confiscation a-ct, but was intended to preserve and take care of the property and the fund arising from it8 sale for whomever it might concern. The next business on the Private Calendar was the bill (H. R. No. Second. The United States acquired no right or title to the cotton or the fund by 2161) for the relief of R. H. Buckner. virtue of the seizure and sale, and the title of the owner was not divested. The bill was read. It a.nthorizes and directs the Secretary of the Third. The property was held for such proceeding as the exccnti>o arm of the Treasury to pay to Richard H. Buckner, a citizen of Virginia, out of Government might direct against it. If it wishecl to acquire a. title, it must have proceeded by asking a judicial condemnation nnder some of tho confiscation acts, any moneys in the Treasury not otherwise appropriated, the sum of or it might, on the other hautl, by pardon andamnest_y, release those who had aided 3,470.83, said amount being the proceeds of certain real estate of said • the rebellion from all penal ties, and thereby restore them to their rights of property. Buckner solu for taxes by the Government of the United Sta.tt:>s in Fourth. The Government saw fit to pursue the latter course, and thereby held February, 1 64, less the amount of tax, penalty, interest, and costs; the fund without having acquired any title t.o it. aml without the possibility of ac quiring a title, because the amnesty was a perfect bar to any proceedings to that provided that before saicl payment is ma-de the said Richard H . Buck end. ner, or his legal representatives, shall make 2.nd execute a valid quit Fifth. Therefore, the Government, as to this fund, was a trustee; WM a trustee claim and deed of conveyance of a,ll the right, title, claim, or interest from the beginning for those who never aided the rebellion, and as to all others it of said Buckner to said property to and in favor of the purchaser of became a trustee fL"om the time they r eceived pardon and amnesty. These princi ples are elalJorated in the following cases: said property at said tax sale, her heirs and assigns, without interest. Unitecl States vs. Padleford, 9 Wallace, page 537; United States vs. Klein, 13 There being no objection, the bill was laid aside, to be reported Wallace, page 136; Armstrong vs. United States, 13 Wallace, page 155; United favorably to the House. States vs. Carlisle. 16 Wallace, page 147. Mr. John H. Fain commenced his snit in the Court of Claims within the.-time LEGAL Rl<~ PRESENTATIVES OF SAMUEL WARE. limited' by tho statute. As his ownership had been joint with Mr. Samuel Rhe9., a The next business on the PrivateCalendarwasthebill(H.R.No.97) full investigation was hacl of all the facts r elating to the whole lot of fifty-eight bales of cotton. The testimony was all taken under the rules of the Court of Claims, directing the Commissioner of the General Land Office to issue cer which require a notice to the Att.orney-General; and the Government appeared, by tificates of relocation for six hundred and forty acres of land in .Mis its attorney, and cross-examined the witness; anrl, afterfullargnment in open court, souri to the lega.l representatives of Samuel Ware,mith an amend upon testimony thus taken. the case was declared in Fain s favor, and he was awardetl ment. 8,:160 as his hare of the proceeas of tl1e fifty-eight bales. The ca~e is reported at length in the fourth volume of Court of Claims Reports, (Nott and Huntingdon,) page The preamble recites that Samuel Ware was the owner of land 237. claim No. 433, loca.ted in the county of New Madrid, in the then Ron. RobertS. Hale, of New York, appeared and defended for the Government, Territory of Missouri, for six hundred and sixty arpents, which and the defendant took no appeal from the decision. All of the facts mat-erial to this case have been adjudicated in the case of John H. Fain vs. The United States. was confirmecl by act of Congress of the 29th day of April, H:l16, The heirs of Samuel Rhea failed to bring snit within the time limited in the a.ct (United States Statutes, volume3, page 328;) and that, said lands hav of March 12, 1 63, but it is submitted that, as the United States bold this money as ing been iujured by earthquakes, the said Samuel Ware availed him trustee for them without a shadow of right or title to it, it is not consistent with self of the provisions of the act of the 17th day of February, 1815, the principles of equity or justice to retain it because of a technical advantage. The Government is never bound by a statute of limitations, and, excepting in the (Statutes, volume 3, page 211,) whereby persons owning lands in said Court of Claims, it has never sought to avail itself of such statutes. No claim be county of New Madrid which were materially injured by earthquakes fore a Department of the Government or before Congress is met with such an ob were authorized to locate the like quantity of lauds on any of the then jection. Territory the sale of which is authorized by law; and that in pur The limitation in this case was a sharp one. The two years following the close of the rebellion were years of confusion in the South. Nearly all of the heirs were suance of saiu law said Ware relinquished his claim to the land con either minors, married women, or absent from the country when M1·. Rhea. died. firmed as No. 43 , under the act of the 29th day of April, 1816, and In all other statutes of limitations the rights of such parties are saved, but this act applied for .a certificate of relocation; an4 that on the 16th day of makes no exceptions. . August, 1816, Frederick Bates, recorder of land titles, did issue to The substitute was agreed to; and there being no objection, the said Samuel Ware certifi.r.ate of location No. 63, which was afterward bill, as amended, was laid aside, to be reported favorably to the House. located on the east half of section 12, township 24 north, of range 17 east, and the west half of section 7, township 24 north, of range 18 MRS. SARAH SPAUL"DING. east, on Wolf Island, in the Mississippi River, upon the supposition The next business on the Private Calendar was the bill (H. R. No. that said island was in the State of Missouri, and that it has been 566) granting relief to Mrs. Sarah Spaulding, of Bay City, Michigan, decided by the Supreme Cour t of the United States (11 Wallace, page with an amendment. 395) that said island belonged to the State of"Kentucky. . The bill was read. It provides that there be paid to Mrs. Sarah The bill therefore requires the Commissioner of the General Land Spaulding, of Bay City, Michigan, widow of the late Lovel F. Spauld Office to issue a certificate of new location to the said Samuel Ware, ing, ·out of any moneys in the Treasury, $1,000, as compensation. for or his legal repr~sentaLives, authorizing them to locate said certificate materjals used and work done in ma.king improvements on homestead on six hundred and forty acres of any land in what was Missouri Terri entry No. 340, ma.de upon the South Charity Island, section 6, town ·tory, subject to sale. ship 18 north, of range 9 east, in the State of Michigan; said home The amendment reported by the Committee on Private Land Claims stead entry ha"ring been canceled. was to strike out the words "said Sam nel Ware or his legal represent The amendrueut reported by the Committee on Public Lands was at,ives" and to insert the words "legal repre entatives of Samuel to strike out " 1,000" and insert "$500." Ware. The amendment was agreed to. Mr. DUNNELL. I move to strike out the preamble of the bill. There being no objection, the bill, as amended, was laid a-side, to be The question being taken, the motion to strike out the preambla reported favorably to the House. was not agreed to. 1454 CONGRESSIONAL RECORD-ROT SE. MARCH 3, The amendment reported by the committee was agreed to. FANNIE S. WffiTE. There being no objection, the bill, as amended, was laid aside, to be The next business ou the Private Calendar was the bill (H. R. No. reported favorably to the Hon.se. 22 ) gra.nting a pension to FannieS. White. C. H. FREDERICK. . The bill directs the Secretary of the Interior to place on the pen The next business on the Private Calendar was the bill (S. No. 416) sion-roll, u bject to the provisions aud limi tatious of the pension laws, for the relief of C. H. Frederick, late a lieutenant-colonelin the Ninth the n.ame of Fannie S. White, widow of Chester B. White, a captain Missouri Infantry. . in the United States Army, at the rate of $20 per month. The bill was read. It appropriates the sum of $388.24 cents, out of There being no objection, the bill was laid aside, to be reported any money in the Treasury not otherwise appropriated, being amount favorably to the House. due the said C. H. Frederick from date of enlistment to date of muster. JAJII'E BERTHOLF. There being no objection, the bill wa.s laid aside, to be reported The next business on the Private Calendar was the bill (H. R. No. favorably to the House. 22 D) granting a pension to Jane Bertholf. AARON BUCHA...' Tennessee Cavalry. . HARVEY B. KILBOR.i~. The bill directs the Secretary of the Interior to place the name of . Aaron Buchanan, private in Company C, Thirteenth Tenne ee Cav The next business on the Private Calendar was the bill (H. R. No. alry, on the pension-rolls, subject to the limitations of the pension laws. 1850) granting a pension to Ha,rvey B. Kilborn, private Company C, No objection being made, the bill was laid asiue, to be reported Thirtieth Peunsvlvania Militia. favorably to the House. The bill uirec'ts the Secretary of the Interior to place on the pen JAMES RILEY. sion-roll, subject to the provisions and limitations of the pension laws, the name of Harvey B. Kilborn, a private in Company C, Thirtieth The next business on tlie Private Calendar was the bill (H. R. No. Regiment Pennsylvania Militia. 1179) granting a pension to James Riley. There being no objection, the bill was laid aside, to be reported The bill directs the 'Secretary of the Interior to place on the pen favorably to the Home. sion-roll, subject to the provisions and limitations of the pen ·ion laws, the name of James Riley, late of Comp:my D, of the .li'ourth GEORGE PENDLETON. United States Infantry, and that he be paid a pension from and after The next business on the Private Calendar was the bill (H. R. No. the passage of the act. 527) granting a pension to George Pendleton. No objection being made, the bill was laid aside, to be reported The bill directs the Secretary of the Interior to pl:tce on the pen favorably to the House. sion-roll the name of George Pendleton, late a private i.Q. Company C, WILLIAM J, DRAKE. Ji,orty-first Regiment of Infantry Illinois Volunteers, and from and The next business on the Private Calendar was the bill (H. R. No. after the pas age of this act pay him a full pension, according to his 1189) granting a pension to William J. Drake. degree of disability, subject to the provisions and limitations of the The bill directs the Secretary of the Interior to place upon the pen pension laws. sion-rolls, subject to the limitations of the UnHed States peusion There being no objection, the bill was laid aside, to be reported laws, the name of William J. Drake, late a private in Company K, of favorably to the House. the One hundred and sixty-second Re~iment of Ohio Volunteer In FREDERICK. HOCH.- fantry; and that the a-ct shall take effect from and after its passage. The next business on the Private Calendar was the bill (H. R. No. No objection being made, the bill was laid aside, to be reported 2290) granting a pension to Prederick Hoch. favorably to the Honse. The bill directs the Secretary of the Interior to place on the pen CLARA BROSCH. sion-roll, subject to the provisions and limitations of the pension The next business on the Private Calendar was the bill (H. R. No. laws, the name of Frederick Hoch, late a private in Company H, One 2162) granting a pension to Clara Brosch, mot.her of Joseph Brosch, j r., hundred and thirty-ninth Regiment Pennsylvania Volunteers. late private Company H, Twenty-fourth Regiment Illinois Infantry There being no objection, the bill was laid aside, to be reported Volunteers. favorably to the House. The bill directs the Secretary of the Interior to place on the pension JOHN H. GARRISON. roll, subject to the provisions and limitations of the pension lawsr the The next business on the Private Calendar was the bill (H. R. No. name of Clara Brosch, mother of Joseph Bro cb, jr., late privat~ Com 2291) granting a pension to John H. Garrison. paDy H, Twenty-fourth Regiment lllinoi Infantry Volunteers. The bill directs the Secretary of the Interior to place on the pen No objection being made, the bill was laid aside, to be repol'ted sion-roll, subject to the provisions and limitations of the pen icn favorably to the House. laws, the name of John H. Garrison, late a corporal in Company B, ELIZABETH B. THOMAS. One hundred and thirty-ninth Regiment of New York Volunteers. The next business on the Private Calendar was the bill (H. R. No. There being no objection, the bill was laid aside, to be reported 2163) pranting a pension to Elizabeth B. Thomas. favorably to the Honse. The bill directs the Secretary of the Interior to place on the pen THOMAS SHANNON. sion-roll, subject to the provisions and limitations of the pension The next business on the Private Calendar was the bill (H. R. No. laws, the name of Elizabeth B. Thomas. 2292) granting a pension to Thomas Shannon. Mr. RAINEY. I ask that that bill be passed over informally, there The bill directs the Secretary of t.he Interior to place on the pen being a bill from the Senate of the same import. sion-roll, subject to the provisions and limitations of the pension There being no objection, the bill was laid aside informally. laws, tlie name of Thomas Shannon, late a private in Company B, JOHN A. GOEDFREY. Tenth Regiment United States Infantry. There being no objection, the bill was laid aside, to be .reported The next business on the Private Calendar was the bill (H. R. No. favorably to the House. 240) granting a pension to John A. Goedfrey. The bill directs the Secretary of the Interior to place on the pen FREDERICK YOUNGBLUE. sion-roll, subject to the provisions aud limitations of the pension The next business on t-he Private Calendar was the bill (H. R. No. laws, the name of John A, Goedfrey. 39) granting a pension to Frederick Youngblue, of Company I, Twen 1\fr. HOLMAN. I' think, .Mr. Chairman, that bill will hardly ac tieth Re~iment Ohio Volunteers. complish the object desired. The gentleman reporting the bill forgot The bill directs the Secretary of the Interior to place the name of to put in it the rank, company, and regiment of the proposed pen 'Frederick Youngblue, late a private of Company I, Twentieth E,egi sioner. ment of Ohio Volunteers, on the pension-roll,·subject to the provis Mr. JENKS. I move to amend the bill by inserting after the name ions and limitations of the pension laws. of the pensioner the words'' late a private in Company G, Eighty- There being no objection, the bill was laid aside, to be reported seventh Ohio Volunteer-s." · favorably to the Honse. The amendment was agreed to; and the bill, as amended, was laid JAMES WOOLSEY. aside, to be reported to the House with a favorable recommendation. The next business on the Private Calendar was the bill (H. R. No. PETERS & REED. 2'293} granting a pension to James Woolsey. The next business on the Private Calendar was the bill (H. R. No. The bill directs the Secretary of the Interior to place on the pen 2'287) for the relief of Peters & Reed, naval contractors at the Nor sion-roll, subject to the provisions audlimitations of the pension laws~ folk navy-yard, in the year 1860. the na.me of James Woolsey, formerly a private in Company H, 1:<1rst (Objected to by Mr. LAWRENCE.) Tenne see Cavalry, at such rate of pension as his present disability iRS. SUSAN E. RHEA. may justify. The next business on the Private Calendar was the bill (H. R. No. There being no objection, the bill wa-s laid aside, to be reported 590) for the relief of Mrs. Susan E. Rhea, widow of Dr. J. Burrows favorably to the Honse. Gardiner. GILBERT REED. (Objected to by Mr. HOLMAN.) The next business on the Private Calendar was the bill (H. R. No. 1876. CONGRESSIONAL RECORD-HOUSE. 1455 2294).granting a pension to Gilbert Reed, late·a second lieutenant in CHRISTIAN HEJ\IELUKE. the Eleventh Tennessee Cavalry. The next business on the Private Calendar was the bill (H. R. No. The bill directs the Secretary of the Interior to place on the pen 2299) granting a pension to Christian Hemeluke. sion-roll, subject to the provisions and limitations of the pension The bill directs the Secretary of the Interior to place on the pension bws, the name of Gilbert Reed, bte a second lieutenant in the roll, subject to the provisions and limitations of the pension laws, the Eleventh Regiment Tennessee Cavalry. name of Christia.n Hemeluke, some time artificer in the Ordnance There being no object~on, the bill ·was laid aside, to be reported Department of the United States .Army, and provides that he be paid favorably to the House. a~ pension of $1:3 per month from and after the passage of the act. JOH.i."i S. HALL. There being no objection, the bill was laid aside, to be favorably The next business on the Private Calendar was the bill (H. R. No. reported to the Hou~e. 1541) granting a pension to John S. Hall, of West Virginia. MARGARET C. BELL. The bill directs the Secretary of the Interior to place on the pen The next business on the Private Calendar was the bill (H. R. No. sion-roll, subject to the provisions and limitations of the pension 2300) granting a pension to l\Iargaret C. Bell. _ laws, the name of JohnS. Hall, of West Virginia, late an enlisted The bill directs the Secretary of the Interior to place on the pen teamster in the service of the United States, at the rate of $25 per sion-roll, subject to t.he provisions and limitations of the pension.laws, month, he having become totally blind from disease contracted in the name of Margaret C. Bell, widow of Admiral Henry H. Bell, late the service. of the United States Navy, and provides that she be paid a pension of There being no objection, the bill was laid aside, to be reported $50 per month from and after ihe passage of the act. - favorably to the House. Mr. HOLMAN. I ask that the report in this ca.se be read. THOMAS LEACH. The report was read, as follows: · The next business on the Private Calendar was the bill (H. R. No. The committee find the facts a-s stated in the petition, exhibiting a record of lonf?: 2295) granting a pension to Thomas Leach. . and brilliant service, indorsed to the full by the late distinguished Admiral D. G. The bill directs the Secretary of the Interior to place on the pen FaJTagu t; and as naval pensions are by law payable out of a special fund, "realized by the gallantry and sacrifices of the officers and seamen of theNavy," in which the sion-roll, subject to the provisions and limitations of the pension laws, deceased bore a distinguished part, they would recommend that the prayer of the the name of Thomas Leach, late a private in Companies B and D of petitioner be granted. and therefore report ba-ck said petition, with the accompany the first battalion of the Eighteenth Regiment of United States In- mg bill, and recommend its passage. fantry. • l\1r. HOLl\IAN. This bill is out of the regular order, and as I wish There being no objection, the bill was laid aside, to be reported to make some inquiry in regard to it, I object to i~s present considera favorably to the House. · tion. GRIFFIN CHAVERS. Objection being made, the bill was pa sed over. The next business on the Private Calendar was the bill (H. R. No. 1455) granting a pension to Griffith Chavers, late a private in Com MARY B. HOOK. pany C, Ninth ~egiment United States Heavy .Artillery, (colored.) The next business on the PI·ivate Calendar was the bill (H. R. No. The bill directs the Secretary of the Interior to place on the pen 2301) granting a pension to Mary B. Hook. sion-roll, subject to the provisions and limitations of the pension laws, The bill directs the Secretary of the I~terior to place on the pen the name of Griffith Chaver~::~, late a private in Company C, Ninth sion-roll, subject to the provisions and limitations of the pension laws, Regiment United States Heavy .Artillery, (colored,) upon evidence the name of .Mary B. Hook, widow of Lieutenant-Colonel James H. already furnished the Commissioner of Pensions in his claim, No. Hook, late of th.e United States Army, from and after the passage 1:30267, said pension to be at the rate of $8 per month, commencing of the act. from the date of said soldier's discharge from said service, such date There being no objection, the bill was laid aside, to be favorably • to be established by reference to the rolls of said regiment on file in re~orted to the Honse. the War Department. ELIZA JANE BLUMER. The Committee on Invalid Pensions reported an amendment to the The next business on the Private Calendar was the bill (H. R. No. bill to make the pension begin from the passage of the act. 11) granting a pension to Eliza Jane Blumer. The amendment was agreed to. The bill directs the Secretary of the Interior to place upon the pen Mr. JENKS. The name is incorrectly given in the printed bill. It sion-roll, subject to the provisions and limitations of the pension laws, should be Griffin Chavers. I move to amend the bill and title by the name of Eliza Jane Blumer, widow of Henry A. Blumer, a private changing" Griffith" to" Griffin" wherever it may occur. of Company A, Forty-seventh Regiment Pennsylvania Volunteers~ to The amendment was agreed to; and the bill was laid aside, to be take effect on and after the elate of the said Henry A. Blumer's death, reported favorably to the House. as shown by evidence on file in the Pension Office. HENRY BROWN. There being no objection, the bill was laid aside, to be favorably The next business on the Private Calendar was the bill (H. R. No. reported to t.he House. 1907) granting a pension to Henry Brown, late a private iu Company NAl.~CY TIPTON. C, One hundred and twenty-third Regiment Illinois Volunteers. The next business on the Private Calendar was the bill (H. R. No. The bill directs the Secretary of the lnterior to place on the pen 2302) granting a pension to Nancy Tipton. sion-roll, subject to the provisions and limitations of the pension The bill directs the Secretary of the Interior to place on the pen laws, the name of Henry Brown, late a private in Company C of the sion-roll, subject to the provisions and limitations of the pension laws, One hundred and twenty-third Regiment of Illinois Volunteers. the name of Nancy Tipton, widow of Samuel Tipton, deceased, late a. There being no objection, the bill was laid aside, to be reported private in Company H, Twelfth Tennessee Cavalry. favorably to the House. There being no objection, the bill was laid aside, to be favorably MICHAEL O'BRIEN. reported to the House. The next business on the Pri~ate Calendar was the bill (H. R. No. MARY S. GREENLEE. 2296) granting a pension to Michael O'Brien. The next business on the Private Calendar was the bill (H. R. No. The bill directs the Secretary of the Interior to place on the pen 2303) granting a pension to Mary S. Greenlee. sion-roll, subject to the provisions and limitations of the pension laws, The bill directs the Secretary of the Interior to place on the pen the name of Michael O'Brien, private Company B, Fifty-eighth Regi sion-roll, subject to the provisions and limitations of the pension laws, ment lllinois Volunteers. the name of MaryS. Greenlee, widow of George W. Greenlee, deceased, There being no objection, the bill was laid aside, to be reported late a Union soldier in Company B, Eighth Tennessee Cavalry. favorably to the House. There being no objection, the bill was laid aside, to be favorably JA.J.."'ffi N. WILLARD. reported to the Ho~e. The next business ou the Private Calendar was the bill (H. R. No. JOSEPH B. LANE. 2297) granting a pension to Jane N. Willard. The next business on the Private Calendar wa-s the bill (H. R. No. The bill directs the Secretary of the Interior to place on the pen 253) granting a pension to Joseph B. Lane. sion-roll, subject to th~ provisions and limitations of the pension laws, The bill directs the Secretary of the Interior to place the name of the name of Jane N. Willard, widow of Victor l\f. Willard, late pri Joseph B. Lane, late second lieutenant of Company G, Eighty-second vate Company C, Fifteent.h Regiment Wisconsin Volunteers. Regiment Indiana Volunteers, on the pension-roll, subject to the limit There being no objection, the bill was laid aside, t o be reported ations and provisions of the pension laws. favorably to the House. There being no objection, the bill was laid aside, to be favorably EMMA A. TUTTLE. reported to the House. The next business on the Private Calendar was the bill (H. R. No. PHILIP J. SHAW. 2298) granting a pension to Emma .A.. Tuttle, widow of Charles H. The next business on the Private Calendar was the bill (H. R. No. Tuttle, late a private in Company I, Twenty-seventh Ohio Volunteers. 2304) granting a pension to Philip J. Sha.w. The bill directs the Secretary of the Interior to place on the pension The bill directs the Secretary of the Interior to place on the pension roll, subject to the provisions and limitations of the pension laws, the roll, subject to the provisions and limitations of the pension laws, the name of Emma .A.. Tuttle, 'lvidow of Charles H. Tuttle, late a private name of Philip J. Shaw, late a private in Company G, One hundred and in Company I, Twenty-seventh Ohio Infantry Volunteers. twenty-sixth Regiment Illinois Infantry Volunteers. There being no objection, the bill was laid aside, to be favorably There being no objection, the bill was laid aside, to be reported reported to the House. . favorably t~ the. House. · 1456 CONGRESSIONAL RECORD-HOUSE. ~{ARCH 3, MELVILLE H. HUDSON. name of Emanuel B. Herr, late a private in Company K, One hundred The next business'on the Private Calendar was the bill (H. R. No. and ninety-fifth Regiment Pennsylvania Volunteers. 2305) granting a pension to Melville H. Hudson. There being no objection, the bill was laid aside, to be reported The bill directs the Secretary of the Interior to place on the pen favorably to the House. sion-roll, su~ject. to the provisions and limitations of the pension DANillL WILLHOIT. laws, the name of Melville H. Hudson, late drummer Company C, The next business on the Private Calendar was the bill (H. R. No. Third Regiment Kansas Volunteers. 2311) granting a pension to Daniel Willhoit. There being no objection, the bill was laid a-side, to be reported The bill directs·the Secretary of the Iuteriorto place on the pension favorably to the House. roll, subject to the provisions n.nd limitations of the pension laws, the JOHN 1\I~TIRE. name of Daniel Willhoit, of Cocke County, Tennessee, late a private and sergeant in Company L, Eighth Tennessee Cavalry Volunteers. The next business on the Private Calendar was the bill (H. R. No. There being no objection, the bill was laid aside, to be reported 2306) granting a pen!3ion to John Mcintire. favorably to the House. The bill directs the Secretary of the Interior to place on the pension 1\J:CHOLAS STRITE. roll, subject to the provisions and limitations of the pension laws, the name of John Mcintire, private soldier in Company A, Fourteenth The next business on the Private Calendar wa.s the bill (H. R. No. Regiment Kentucky Cavalry. 2312) granting a pension to Nichola Strite. There being no objection, the bill was laid aside, to be reported The bill directs the Secretary of the Interior to place on the pen favorably to the Honse. sion-roll, subject to the provisions and limitations of the pension ALMON P. GRAVES. laws, the name of Nicholas Strite, late a private in Company I, Eight eent.h Regiment Iowa Volunteers. . The next business on the Private Calendar was the bill (H. R. No. There being no objection, the bill was laid aside, to be reported 1580) granting a pension to .A.linou P. Graves. . favorably to the Honse. The bill directs the Secretary of the Interior to place on the pen sion-roll, subject to the provisions and limitations of the pension JONATHAN ROBERTS. laws, the name of Almon P. Graves, late a private in Company G, Third The next business on the Private Calendar was the bill (H. R. No. Upited States Artillery, of Alstead, in the State of New Hampshire, 1288) granting a pension to Jonathan Roberts. and pay him a pension from and after t.he passage of the act. The bill was read. It directs the Secret~. ryof the Interior to place Th&e being no objection, the bill was laid aside, to be reported on the pension-roll, subject to the provisions and limitations of the favorably to the House. pension law. , the name of Jonathan Roberts, of Marietta, Marshall Coon~,fuw~ · SETH W. HOMESTEAD. There being no objection, the bill wa-s Jaid aside, to be reported The next business on the Private Calendar was the bill (H. R. No. favorably to the House. 610) granting a pension to Seth W. Homestead. MARY ANN CORNELL. The bill directs the Secretary of the Interior to place the name of The next business on the Private Calendar was the bill (H. R. No. Seth W. Homestead, late a sergeant in Ca.ptain Seaton's Company, 2313) granting a pension to Mary Ann Cornell, widow of Stephen Cor (K,) First Regiment Wisconsin Volunteer Cavalry, on the pension nell, late a private in Company I, One hundred and twenty-fifth New rolls, subject to the provisions and limitations of the pension laws, York Volunteer Infantry. and pay him a pension from and after the passage of the act. The bill directs the Secretary of the Interio." to place on the pen There being no objection, the bill was laid aside, to be reported sion-roll, subject to the provisions and limitations of the pension .favorably tv the House. laws, the name of Mary Ann Cornell, widow of Stephen Cornell, late MARY BELL DECKER. a private in Company I, One hundred and twenty-fifthNew York Regi The next business on the Private Calendar waa the bill (H. R. No. ment of Volunteers. 2307) granting a pension to Mary Bell Decker. · There being no objection, the bill was laid aside, to be reported The bill directs the Secretary of the Interior to place on the pen favorably to the House. sion-roll, subject to the provisions and limitations of the pension laws, LOUIS ROSENBAUM. the name of Mary Bell Decker, infant daughter of James vV. Decker, The next business on the Private Calendar was the bill (H. R. No. who was a member of Company I, Fifth Kentucky Cavalry. 341) for the relief of Louis Rosenbaum. Mr. DURHAM. I move to amend the bill by adding "this pension The bill directs the Secretary of the Treasury to pay to Louis to take effect from the 1st day of January, 1866." I will simply state Rosenbaum the sum of 1,424.37, in lieu of check No . .A. 27018, on that this is the case of an infant child, whose father died three or the assistant treasurer of the United States at New York, dated four years before the time named in this amendment. the 5th day of January, 1 74, payable to the order of Rosenbaum, The amendment was adopted. and signed by M. P. Small, brevet brigadier-general and commis ary There being no objection, the bill, as amended, was laid aside, to be of subsistence; which check, it is claimed, has been lost, and was reported favorably to the Honse. never received by Rosenbaum. But before the payment thereinbe WILLIAM H. HARRISON. fore authorized, Rosenbaum is to execute a bond of indemnity to the United States, with sufficient sureties, against the claim of the payee The next business on the Private Calendar was the bill (H. R. No. in the draft or the claim of any person or persons in possession of 310) granting a pension to William H. Harrison. or claiming the same, and also to fully indemnify the United States The I.> ill directs the Secretary of the Interior to place on the pension against all loss and damages in the premises. roll, subject to the provisions and limitations of the pension laws, the There being no objection, the bill was laid aside, to be reported name of William H. Harrison, late a private in Company F, Seventy favorably to the Honse. fourth Regiment Pennsylvania Infantry Volunteers, and pay him a E. D. FRANZ. pension from and after the passage of the act. There being no objection, the bill wa-s laid aside, to be reported The next business on the Private Calendar was the bill (H. R. No. favorably to the House. 339) for the relief of E. D. Franz. 1 The bill directs the Secretary of tbe Trea-sury to pay to E. D. DAVlD P. M DONALD. Franz 2,019. 2, in lieu of check No. 2510, drawn on the United States The next business on the Private Calendar wa.s the bill (H. R. No. assistant treasurer at San Francisco, California, payable to the order 230' ) granting a pension to David P. McDonald. of one Daniel Hazard aud indorsed by Hazard to L. and H. Hnning, The bill dil:ects the Secretary of the Interior to place on the pen and by L. and H. Huning to E. D. Franz, the check being signed by sion-roll, subject to the provisions and limitations of the pension J. J. Dana, major and quartermaster, United States Army; which . laws, the name of David P. McDonald, late a private in Company B, check, it is claimed, was lost on being sent by L. and H. Huning to Sixth Regiment Kansas Cavalry Volunteers. Franz, and was never received by Franz. But before the payment There being no objection, the bill was laid aside, to be reported thereinbefore authorized, Franz is to execute a bond of indemnity to favorably to the Honse. the United States, with sufficient sureties, against tbe claim of the CATHARINE JOHNSO~. payee in the draft or the claim of any person in possession of or claim The next business on the Private Calendar was the bill (H. R. No. ing the same, and also to fully indemnify the United States against 2309) granting a pension to Catharine Johnson. all loss and damages in the premises. The bill directs the Secretary of the Interior to place on the pen There being no objection, the bill was laid aside, to be reported sion-roll, subject to the provisions and limitations of the pension favorably to the House. laws, the name of Catharine Johnson, widow of Zachariah JohDRon, KLAl\IATH INDIAN RESERVATION, OREGON. late a private in Company C, Sixtieth Regiment Indiana Volunteers. The next business on the Private Calendar was the bill (H. R. No. There being no objection, the bill wa-s laid aside, to be reported 1316) to adjust the claims of the owners of lands within the limits of favorably to the Honse. the Klamath Indian reservation in the State of Oregon. EMANUEL B. HERR. The bill, which was read, authorizes the Commissioner of the Gen The next business on the Private Calendar was the bill (H. R. No. eral Land Office, under the direction of the Secretary of the Interior, 2:310) granting a pension to Emanuel B. Herr. to issue scrip to the legal owners of the land granted to tho State of The bill directs the Secretary of the Interior to place on the pension Oregon by act of Congress approved July 2, 1864, to aid in tbe con roll, subject to the provisions and limitations of the pension laws, the struction of a wagon-road from Eugene City to th~ eastern boundary 1876. OONGRESSION AL REOOR.D-HOUSE. 1457 of the State, authorizing them to select and locate, of the unoccupied Mr. HOLMAN. I understand it wa-s objected to in committee and and unappropriated public lands of the United States, not mineral, upon this ground, that but two facts are referred to the Court of and in tracts not less than the subdivision provided for in the United Claims. Thi>; i:; for abandoned cotton ; and two qllestions are referred States land laws: and, if unsurveyed when taken, then to conform when to the Court of Claims: one is as to the ownership of the cotton, anrl t.he surveyed to the general system of the United States land surveys, a other as to the lJCirship. The question of loyalty is not presented by quantity of land equal in amount to the lands within the limits of the bill at all. Uy understanding is that it wa objected to on that said grant embra~ed in the Klamath Indian reservation, designa.ted ground ; nothing was said on that point, but that was the motive for and et apart by the Commissioner of the General Land Office as lands .the objection. Under the law a person isreqnired to establish loyalty in pla~e, and likewise any indemnity lands within the limits of said in order to be entitled to the proceeds which have been covered into reservation that have been selected and approved to the State of Ore the Treasury of cotton sold by the Government. Here in this bill gon under the provisions of said act; the quantity of said lands to be loyalty is not required to be established by the ancestor through ascertained by the Commissioner o.f the General Land Office. And whom -the claim is made. the said Commissioner shall issue patents for the lands so selected, The SPEAKER p1·o tempore. The Chair will say there is no record provided that no scrip nor patents shall issue as hereinbefore provided at the Clerk's desk of any objection ha,ving been made to this bill be until the owners of the lands embra~ed in said reservation shall exe ing reported to the Honse, and it is now too late to make such objec cute and deliver to the Commissioner of the General Land Office a tion. deed conveying to the United States all their right, title, and interest Mr. COX. I suggest to the gentleman from Indiana that he move to t he same. to recommit this bill. The question first recurred on the following amendment: Mr. HOLMAN. I move to recommit this bill to the Committee of Provided further, That no scrip issued in pur nance of the provisions of this act the Whole on the Private Calendar. shall be located upon other than the public lands lying within tho sa.ill State of The motion was agreed to. Oregon. LEGAL REPRESENTATiv"ES OF SAMUEL WARE. Th. amendment was adoptea. There being no objection, the bill, as amended, was laid aside, to be The question next recurred on the bill (H. R. No. 97) d1rectln_g the reporlcd to the House with the recommendation that it do pass. Commissioner of the General Land Office to issue certificates o:f relo cation for six hundred and forty acres of land in Missouri to the legal JAMES SINCLAIR~ DECEASED. representatives of Samuel Ware, reported from the Committee of the The next business on the Private Calendar was the bill (S. No. 22.">) Whole Honse on the Private Calenclar with an amendment. graming six hnndred and forty acres of land to the widow and heirs The amendment of the committee was concmred in. of James Sinclair, deceased. Mr. DUNNELL. The preamble to this bill covers two pages, while The bill, which was read, provides that the tract of land known as the bill takes np only two or thre.e lines. I ask by unanimous con the milita,ry timber reservation in Walla Walla County, Washington sent that the preamble be stricken out. Territory, containiug six hundred and forty-one and sixty-four hun Mr. PHILIPS, of Missouri. I object. dredths acres, sitllate partly in township 7 north, of range 36 east, and The bill, as amended, was order d to be engrossed and read a third partly in township 7 north, of mnge 37 ast, of the Willamette meri time; and being engrossed, it was accordingly read the third time, and dian, be, and the arne is thereby, gmnteu as follow:;: The west half passed. of the said tract to Mary Sinclair, widow of James Sinclair, deceased, KLAMATH INDIAN RESERVATION, OREGON. and the east half to said Mary Sinclair and the heirs of the said J ame8 The question next recurred on the bill (H. R. No. 1316) to adju t Sinclair, decca ed. And it shall be the duty of the Commissioner of the claims of the owners of lands within the limits of the Kl:1rnath t.he General Land Office, by and through the proper United States Indian reservation in the State of Oregon, reported from the Com land office in "\Va.'3hington Territory, to callse the said tmct of land mittee of the Whole House with an amendment. to be surveyed, and to issue a patent therefor to the said widow and The amendment was adopted. h~irs of James Sinclair, deceased, in accordance with the provisions Mr. HOLMAN. I wish to make an inquiry in regard to this bill of of this act and of the act of Congress approved the 27th day of Sep any gentleman who is acqtutinted with the facts in the case. I un tember, 18GO, .entitled "An act t <1create the office of surveyor-general derstand from the roport that the road provided for has been con of the public lands "in Oregon, and to provide for the Sllrvey, and structed to this reservation, hllt, I do not understand whether or not make donations to settlers of the public lands." patents have been issued for the lands in conformity to the grant • There being no objection, the bill was laid aside, to be reported to made by Congress. the Hollse with the recommendation that it do pass. · 1r. LUTTRELL. I understand that patents have issued. There 1r. JENKS. I move that the committee rise and report the bills is no dispute as to the title and there has been none, I will call the which have been laiu aside. attention of the gentleman from Indiana to the letter of Ex-Commis 'l'he motion was agreed to. sioner Smith. He recommends the passage of this bill. The committee accordingly rose; and :Mr. HOSKINS having resumed TbiA is a question of equity anu jnstice. The la,nus were granted the cha,ir as Speaker p1·o tempore, Mr. JJEEBE reportell that the Com by the Government to the State of Ore:;on for the construction of this mittee of the Whole House had, according to oruer, had the Private road. The road was built and received by the Government. The Calendar under consideration, and had directed him to report to the lands were listed. Since then the Government has made a treaty House sunclry bills and joint resolutions, with the recommenda,tion with these Kla,math Indians to locate their reservation upon these that they do pa-ss, some with and some without amendment. same lands. The owners have been meanwhile paying taxes to the The SPEAKER p1·o tempore. If there be no objection, t.he bills which State of Oregon for a number of years, and yet the Government now have been reported with amendments will be first acted on. takes possession again. There was no objection. Mr. HOLMAN. One other inquiry. If I understand my friend from BILLS PASSED WITH AMENDMENTS. . California correctly the grant of lands wa-s made to the State of Ore The amendments reported from the Committee of the Whole on the gon, and the State of Oregon gave these lands to a corporation 1 Private Calendar to the following Lills were severally agreed to, and Mr. LUTTRELL. In alternate sections for the construction of this the bills, a-s amended, were severally ordered to he engrossed and read road. a third time; and being engrossed, they were accordingly read the Mr. HOL~fAN. Have pa.tents been issued for these lands f third time, and passed: Mr. LUTTRELL. Yes, sir. A bill (H. R. No. 732) for the relief of Mrs. Catharine Thrush and Mr. HOLMAN. Now, does this bill provide that these lands shall William B. Stone, owners of the schooner Flight; be reconveyed to the Government f A bill (H. R. No. 1490) granting a pension to Mrs. Lydia Johnson, 1\1r. LUTTRELL. · Yes, sir; and that the owners take lands else of De Witt County, illinois; where in the State of Oregon; unoccupied lands. It is simply an ex A bill (H. R. No. 545) for the relief of James A. Jackson and others, change. securities of G. R. ;Horton, L.'l.te postmaster at Monticello, Arkansas; Mr. HOLMAN. I hope the bill will be reported again, that that A bill (H. R. No. 566) granting relief to Mrs. Sarah Spaulding, of may appear. Bay City, Michigan; The SPEAKER p1·o tem.pm·e. The whole bill or the amendment t A bill (H. R. No. 240) granting .a pension to John A. Goedfrey; Mr. HOLMAN. The bill as it stands amended. A bill (H. R. No. 1455) granting a pension to Griffin Chavez, late a The bill as proposed to be amended was read. private in Company C, Ninth Regiment United States Heavy Artil Mr. BURCHARD, of Illinois. I would like to ask the member of lery, (colored;) and the commit tee who reported this bill if there is any particular force A bill (H. R. No. 2307) granting a pension to Mary Bell Decker. in the words "unoccupied and unappropriated'" In former special and private bills we have used the word "unoffered;" also in an HEIRS OF SAMUEL RHEA. other act the words "unoccupied,'' " surveyed" or "nnsurveyed." The question next recurred on the bill (H. R. No. 912) to give the Those words gave special privileges to such scrip. On the" Valen Court of Claims j n ri diction to hear and determine the claim of the tine scrip," so called, three pieces were located on part of the city of heirs of Samuel Rhea, reported from the Committee of the Whole Chicago, the claim being that it was unoccupied and unsurveyed land; Roo e with an amendment. and in that way lands have been appropriated worth perhaps mill Mr. HOLMAN. My impression is that was not directed to be re- ions of dollars. I do not know that there is any partiular force in ported to the House. . those words. I have not examined the Sllbject. I do not know IJut The SPEAKER ]YI"O tempm·e. No objection was made to it, and the they are the usual words. I would like, however, an explana.tion. question now is on agreeing to the amenclment. 1\11:-. LANE. This bill provi~es~ as prqpos~~ to be _amended, that IV--9~ 1458 CONGRESSIONAL RECORD-HOUSE. MARCH 3, the scrip shall be located only upon public lands situated within the A bill (H. R. No. 258) granting a pension toW. H. H. Anderson; limits of the State of Oregon. A bill (H. R. No. 183) granting an increase of pension to John E. l\1r. BURCHARD, of Illinois. I .understand that that is provided Wunderlin ; for in the amendment. · A bill (H. R. No. 2160) for the relief of Lewis Goodwin, late keeper Mr. LANE. And certainly it can only be lo(lated on such lands as of the light-vessel at Brant I land shoals, in the State of North Car wool(l be ·uuject to entry in the State of Oregon under existing law. olina; Tho bill would not affect any vested rights. A bill (H. R. No. 2161) for the relief of R. H. Buckner; ir. BURCHARD, of Illinois. If the gentleman from regon is A bill (S. No. 416) for the relief of C. ll. Frederick; satisfied I am content, as it is all in his State. A bill (H. R. No. 1656) granting a peu ion to Aaron Bnchanan; Mr. LANE. I am qnite satisfied. A bill (H. R. No. 1179) granting a pension to James Riley; . The amendment reported by the committee was agreed to. A bill (H. R. No. 1189) granting a pension to William J. Drake; Tlle bill, as amended, was ordered to be engrossed and read a third A bill (H. R. No. 2162) granting a pension to Jo ~oph Brosch, jr., late time; and being engrossed, it was accorilingly read the third time, a private of Company H, Twent-y-fourth Regiment lllinois Volunteers; and passed. A bill (H. R. No. 2288) grantrng a pension to FannieS. White; SESSION OF SATURDAY. A bill (H. R. No. 2289) granting a pen ion to Jane Bertholf; :Mr. SAYLER. I rise to a question of privile.~e. I move that when A bill (H. R. No. 1850) ~ranting a. pension to Harvey B. Kilborn, the House adjourns to-day it be to meet on Monday next. private Company C, Thirtieth Penn.·ylvania Militia,; Mr. RANDALL. I hope not. I desire to state that the conl!idera A bill (H. R. No. 527) granting a pension to George Pendleton; tion of the Hawaiian treaty is the next business in order. There are A bill (H. R. No. 2290) granting a pension to Frederick Hoch; at least fifteen gentlemen who have indicated their intention to speak A bill (H. R. No. 2291) granting a pension to John H. Garrison; ou tha.t subject. Behind that is tlJe deficiency bill reported from the A bill (H. R. No. 2'292) granting a pension to Thomas Shannon; Committee on Appropriations in reference to printing the cunoncy. A bill (H. R. No. 39) granting a pension to Frederick Youngblue, I feel it my duty to object to an adjournment over until Monday. of Company I, Twentieth Regiment Ol:rio Volnuteers; Mr. SAYLER. l\1r. Speaker-- · A bill (H. R. No. 2293) granting a pension to James Woolsey; The SPEAKER p1·o tempore. Debate is not in order. A bill (H. R. No. 2294) grautiug a. pension to Gilbert Reed, late a Mr. SAYLER. I ask unanimous consent to say a word in reply to second lieutenant in the Eleventh Tennessee Cavalry; · the gentleman from Penusylvania. I have made the motion in the A bill (H. R. No. 1541) granting a pension to JohnS. Hall, of West interest of the business of the House and of the committees of the Virginia; House. I have consulted with a number of chairmen of committees, A bill (H. R. No. 2295) granting a pension to Thomas Leach; aucl they agree with me in the propriety of the motion I have submit A bill (H. R. No. 1907) granting a pension to Henry Brown, late a ted. So far as regards my own committee, that on the public lands, private Company C, One hundred and. t;weuty-third illinois Volun I may sa.y that the call rests with us ; and it is of very gren.t import teers; ::mce that the committee should have at least one more meeting be A bill (H. R. No. 2296) granting a pension to Michael O'Brien; foro it is a-gain called in the House. ·A bill (H. R. No. 2297) granting a pension to Jane N. Willard; Mr. RANDALL. I call for the re_gular order. A bill (H. R. No. 2'2Dd) granting a pension to Emma A. Tuttle, Tho question being taken on Mr. SA"l'LER's motion, there were widow of Charles H. Tuttle, late private Company I, Twenty-seventh ayes 86, noes 40. Ohio Volnnteers; · Mr. RANDALL. I ask for the yeas and nays. But before insisting A bill (H. R. No. 2299) granting a pension to Christian H omelake; on the yeas and nays being ordered, I would suggest tha.t we have a A hill (H. R. No. 2301) granting a pension to Mary B. Hook; session to-morrow for debate on the Hawaiian treaty only, no other A bill (H. R. No. 11) gr anting a pension to Eliza Jane mumer; bnsiness to be transacted. A bill (H. R. No. 2~!0 3 ) granting a pension to Mary S. Greenlee; l\1r. SAYLER. I have no objection to that. If the gentlemaa from A bill (H. R. No. 2G3) granting a pension t.o Joseph B. Lane; P ennsylvania will make a motion that the session to-morrow shall A bill (H. R. No. 2304) granting a pension to Philip J. Shaw; be for the purpose of the consideration of the Hawaiian treaty alone A bill (H. R. No. 2305) granting a :pension to Melville H. Hudson; merely for continuing debate on that subject-I have no objection. A hill (H. R. No. 2306) granting a J:'ension to John Mcintire; :Mr. RUSK. I call for the regular order. A bill (H. R. No. 15 0) grantiug a p on:siou to Almou P. Graves; Mr. SAYLER. I withdraw the motion to adjourn over. A bill (H. R. No. 610) granting a pension to Seth W. Homestead; The SPEAKER pro tempore. The Chair will submit the proposition A bill (H. R. No. 310) granting a pen ·ion to William H. Harrison; • of the gentleman from Pennsylvania that there be a se ion to-mor A bill (H. R. No. 230 ) gra.nting a. pension to David. P.l\IcDonald; row for the consideration of the Hawaiian treaty alone, for debate A bill (H. R. No. 2309) granting a. pension to Catharine J ohnson ; only, and no vote to be taken thereon. A bill (H. R. No. 2310) granting a pension to Ema11Uel B. Herr; The proposition was agreed to. A bill (H. R. No. 2311) granting a pensiou to Daniel Willhoit; A bill (ll. R. No. 2312) granting a pension to Nicholas St.rite; JEFFERSON BOWERS. A bill (H. R. No. 12 ' )granting a pension to Jonathan Robert.s; The next bill reported from the Committee of the Whole on the Pri A bill (H. R. No. 2313) gra.nting a pension to Iary Ann Cornell; vate Calendar was the bill (H. R. No. 1588) gmnting an additional A bill (H. R. No. 341) for the relief of Loni Ro enbaum; and pension to Jefferson Bowers, of Mason County, Illinois. A bill (H. R. No. 339) for the relief of E. D. Franz. Mr. ·sTEVENSON. I ask unanimous consent to offer an amend HEIRS OF SA.i\:IUEL RHEA. ment: Amend by adding to the last line of the bill the words "according to his present Mr. HOLMAN. I moved the reference of a bill for the relief of di ability." tho heirs of Samuel Rhea to the Committee of tho Whole on the Pri vate Calendar. I am now led to believe, after speaking with my There was no objection, and the· amendment was agreed to. colleague, [1\Ir. BAKER, of Inuiana,] that the seizure of this cotton 'l'he bill, as amended, was ordered to be engrossed and read a third occurred after the close of the war; so that the principle I spoke of time; anu being engrossed, it was accordingly read the third time, does not apply. I move a reconsideration, so that my colleague may and passed. offer an amendment. The bill is Honse bill No. 912, to give the Court PRIVATE BILLS PASSED. of Claims. jurisdiction to hear and determine tlle claim of the heirs of The following bills reported from the Committee of the Whole on Samuel Rhea. the Private Calendar without amendment were severally read the The motion to reconsider was a.crreed to. third time, and passed : · ·:h1r. BAKER, of Indiana. I a :k unanimous consent to offer the A bill (S. No. ~25) granting six hundred and forty a-cres of land to amendment which I send to the Clerk's desk, and wish to say a few the wiuow anti heirs of J ames Sinclair, deceased ; words in explanation. A bill (H. R. No. 1988) for the relief of Hermann Kreismann, United The SPEAKERp1·o tempm·e. Tbe tirst question will be upon the mo States-consul-general at Berlin; tion to commit +he bill to the committee to which it it wa.s referred. A bill (H. R. No. 1026) for the relief of Thomas Van Duzen and his P ending that question, the gentleman asks unanimous co.nscnt tl!at as igns, for lands ; the amendment which will now be read be incorporated. in the bill. A bill (H. R. No: 534) for the relief of Rosetta Hert, Charles C. Be It is an amendment to the substitute for the bill. noist, and Logan l!~anfan ; The Clerk read the amendment., as follows: A bill (H. R. No. 719) for the relief of the heirs of William Stevens; Amend line 8 by striking out the following words, namely: "that the same 'vna A joint resolution (H. R. No. 64) granting the rights and benefits of seized and sold," and inserting in lien th reof the follo\\·ing, namely: "that the the Soldiers' Home to John News; same was unl~wfnlly seized and sold, in viol:~.tion of· tho laws aml reguiations of the A bill (H. R. No. 1989) gra.nting a pens-ion to Robert Cavanaugh; Government then in force. A lJHl (H. R. No. 1990) granting a p ension to Edward Heinzel; Mr. BAKER, of Indiana. I desire t,o say one word of explanation A bill (H. R. No. 1991) granting a pension to Mary Ann McDonald; in reference to that amendment. As t he bill now stands it :simply re A bill (H. R. o. 1236) granting a. pension to Harris B. Lovell ; quires that the Court of Claims be satisfied by proof of tbe exjstence A bill (H. R. No. 1588) granting an additional pension to Jeff~rson of three facts: first, that the ownership of tho cotton wa in Saruuul Bowers, of Mason County, Illinois; Rhea during his life-time; s condly, that the same was seized and A bill (H. R. No. 1245) grantin~ a pension to J ames W. Thompson, sold; and, thirdly, that the proceeds thereof were covered into t.he late of Company H, Forty-seventn illinois Volunteers ; United States Treasury. · A bill (H. R. No. 1992) granting an additional pension to be paid Mr. THORNBURGH. I object to debate. Mary P . .Abeel; Mr. HOLMAN. My colleague has the tloor regularly on the bill. 1876. CONGRESSIONAL RECORD-HOUSE. 1459 The SPEAKER pro ternp01·e. Unanimous consent was asked for him be corrected 1 Would it not be wise to provide that when a la.ter jud!;!;ment in one appeal court is substantially inconsistent with a prior solemn ruling m another of to submit his amendment, but not to debate it. such appeal courts, an <;I this fact is. certified in the opinio~ of the court ;:?;i~ug the M:r. HOLMAN. But my colleague has a right to debate. This laterjud«mont, that. a nrrht shall e:nst to remove such later Judgment to the Suprome amendment does not involve an appropriation of money, but the re Court ot'he Unitotl States for final adjudication~ verse of it. It can rightfully be considered in the House. C. L W.ALKER. GEO. V. N. LOTHROP. M:r. THORNBURGH. I call for the regular order of business. A.. B. MAYNARD. Mr. HOLMAN. Then adopt the amendment of my colleague ; it is ALFRED RUS ELL. right. w:M. A. MOORE. Mr. CAULFIELD. I object until I hear what it is. This bill was DETROIT, February 22, 1876. report-eel by me from the Committee on the .Judiciary. ENROLLED BILLS SIGNED. 1\Ir. BAKER, of Indiana. The amendment has been read. :Mr. HARRIS, of Georgia, from the Committee on Enrolled Bills, Mr. CAULFIELD. It was read, but unfortunately I did not report-ed that they had examined and found truly enrolled a joint hear it. resolution and bills of the House of the following titles; when the The amendment was again read. Speaker signed the same : . · Mr. CAULFIELD. I object to that. A joint resolution (H. R. No. 19) on the celebration of the Centen- 'l'he SPEAKER 1Jro tempore. One objection caunot prevent tqe nial in the several conn ties or towns ; . offering of the amendment. It is for the House to determine upon it. An act (H. R. No. 193) for the relief of Ezra B. Barnett, postmaster 'l'he question was taken on the amendment; and it was agreed to. at Norwich, New York; and Tile substitute, as ame~ded, was then adopted. . An act (H. R. No. 2285) authorizing the purchase o~ additional The bill, as amended, was ~rdered to be ~ngrossed and re a~ a t~rrd grounds for the custom-house at Nashville, Tennessee. time; and being engrossed, 1t was accordrngly read the third trme, and passed. PAYMENT OF GEl."'EVA AWARD. RECO~SIDERATION OF BILLS PASSED. The SPEAKER pro tempore laid before the House the following Mr. DURHAM. I now move to reconsider the various votes by message from the President of the United_ States: which the bills reported from the Committee of the Whole on the To the Jiotu;e of Jleprt>.sentativflS: Private Calendar to-day have been passed, and I also move that the · In answer to the resolution of tho House of Representativc..s ef tho 21st ultimo, I transmit herewith a report from tho Secretary of State and accompanying papers, motion to reconsider be laid on the table. together with a report from tho Secreta ry of tho Treasury. Mr. CONGER. I hope that motion will not now be made. We ought U.S. GRANT. to have a day or two iu which to ascertain if any mist.ake has been W A.SHL"GTON, March 3, 1876. made in passing any of these bills, which can Le corrected by a. re- The accompanying papers contain the correspon~ence between the consideration. · Bank of England and the Treasury Department relattve to the transfer Mr. DURHAM. Well, I will withdraw the motion. of uroceeds of United States bonds sold, or about to be sold, in London; Mr. JENKS. I .renew it. and correspondence between the British government and the State De Mr. HOLMAN. I trust the motion will not be insisted upon. These partment relative to the mode of transfer to this country of $15,500,000 bills hn,ve been pa.ssed by tmauimous consent, and they may be all awanled at Geneva. right. But shoultl a mistake be discovered, wo ought not to put it Mr. RANDALL. I moYe that the message and accompanying par out of our power to correct it. pers be printed, and referred to the Committee of Ways and :Means. Mr. JENKS. I will not insist upon the motion. The motion was agreed to. • COURT OF APPEALS. LEAVE OF ABSENCE. Mr. CONGER, by unanimous consent, presented the following me Mr. JoNEs, of Kentucky, was granted l~ave of absence for one week morial of the bar of the city of Detroit ; which was ordered to be on a-ccount of important business. printed in the RECORD: :Mr. GARFIELD was granted leave of absence for next week. At a meeting of tho bar of the city of Detroit, held at tho Unit.ed States circuit. Ur. Jo'RYE was granted leave of absence for ten days. court rooms at Detroit on the Hth day of - , 1876, tho following resolutions were unanimously adopted: Mr. ROBBINS, of Pennsylvania, was granted leave of absence for ".Resolved, That in the opinion of the bar of the city of Detroit, it is desirable, if a to-morrow. court of appeals shall be esta.blL<>hed by Congress for each judicial circuit, that Mr. HARALSON was granted lE>.ave of absence for two week.B on ac provision shall bo made for tho sitting of said court in each State within tho circuit, count of important business. for tho hearing of the appeals arisin~ within that State, and that tho courts shall Mr. LAPHAM was granteclleave of absencefor ten days on account have power by general rules to regulate the mode and form of removing cases for review. of important business. "Resolved, That a committee of five members from this bar shall bo appointed to Mr. :METCALFE was granted leave of absence for eight days on ac transmit the above resolution, accompaniocl with an appropriate memorial to our count of important business. de!euatiou in Congress, to the bar of othl:'r States, and to such olliccrs aml persons Mr. HEREFORD was granted leave of absence for ten days on ac as tlioy shall think proper." count of business. Tho meeting appointo The SPEAKERp1·o tempore. The regular order is the motion to ad diers, of Muskin~um County, Ohio, for the equalization of bounties journ. of United States soldiers of the late war, to the same committee. The motion was agreed to; and accordingly (at five o'clock p.m.) By Mr. SPRINGER : The petition of Miles H . Wilmot and 180 other the House adjow·ned. citizens, of Illiopolis, lllinois, for the immediate repeal of there ump tion act and all acts or parts oi acts authorizing or mqniring a con traction of t he currency, to the Committee of Ways and Mea.ns. PETITIONS, ETC. By Mr. THOMPSON: Tho petition of John P . Andrews, of Salem, The following memorials, petitions, and other papers were pre 1\fassachn etts, that the Secretary of the Trea nry issue to him bonds sented at the Clerk's desk under the rule, and referred as stated: in lien of certain other bonds stolen from him, to tho same committee. lly 1\fr. BAKER, of Indiana: The petition of James Collins, Nelson By Mr. TURNEY: The petition of 17 citizens of P1·mnsylvania, for Austin, and Hector PhillipR, for compensation for extrahazardous the grantin~ of one humlrecl and sixty acres of land and $200 in services rendered as scouts for the Army of Tennessee, to the Com money to all soldiers and marines who served in the Army or Navy mitt.ee on War Claims. of the United States, to the Committee on Military Affairs. By Mr. BLAND: A paper relating to a post-route from Washington · By Mr. VANCE, of .North Carolina : The petition of Jo hua Har to Spring Bluff, :Missouri, to the Committee on Post-Offices and Post shaw, for a rehearing of his claim before the southern claims com Roads. mission, t o the Committee on Wa.I' Claims. Also, a paper relating to a post-route from Bergen to Myer's store, to- the same committee. By .Mr. BROWN, of Kansas : Concurrent resolutions of the Kansas Legislature ·that the right of way be granted through the India,n Ter ritory to two certain lines of railroads, to the Committee on Indian Affairs. HOUSE OF REPRESENTATIVES. Also, concurrent resolution of the Legislature of Kansas in refer S ATURDAY, March 4, 1876. ence to certain persons reshling in the Indian Territory, to the same committ-ee. The House met at twelve o'clock m. Prayer by the Chaplain, Rev. By Mr. CONGER : The petition of Joseph W . Snell, and 20 other I. L. TOWNSEND. citizens of Huron County, Michigan, that a term of the United States The Journal of yesterday wa-s read and approved. court be held at Bay City, Michigan, to the Committee on the Judi ciary. LEAVE OF ABSENCE. By Mr. DUNNELL: The petition of J. C. Easton and 28 others, of By unanimous consent,~ . TARBOX obtained leave of absence for Minnesota, for the repeal of the check-stamp tax, to the Committee of t en days, on account of important business. Ways and Means. ORDER 01<' BUSIXESS. By Mr. FOR'r: The petition of S. A. Barry and 124 other citizens, of Iroquois County, Illinois, for the repeal of the resumption act of The SPEAKER. By order of the House on yesterday, the ses ion 1875, to the Committee on Banking and Cnnency. of to-d
Oongress~Onal Record-Senate. March 3, In
