I

1880. CONGRESSIONAL RECORD-HOUSE. 599 that it appeared to be thought important in the Constitution, and it · HOUSE OF REPRESENTATIVES. has been found so by some sad experiences since, that the sovereign jurisdiction of the Government over its own forts and arsenals should THURSDAY, January 29, 1880. be exclusive of that of the State, just as in the same way the sover­ eign jurisdiction of the State over its own military or civil establish­ The Honse met at twelve o'clock m. Prayer by Rev. W. BRUSH, ments must be exclusive, and ought to be exclusive of that of the D. D., Methodist Episcopal church, Austin, Texas. United States. My point is not that we cannot lawfully appropriate this money, if we choose to give it, to build structures upon the private ADl'dlSSION TO THE FLOOl't. property of citizens, or upon property that private citizens have con­ Mr. STEVENSON. Mr. Speaker, I ask unanimous consent that veyed by deed to the United States. We can appropriate the money Hon. Lawrence Weldon, a prominent citizen of Illinois, be admitted for it; but then the question is, whether doing that has ousted the to the privileges of the floor for two days. Stat.a of any of its original jurisdiction over that land as private Mr. CLYMER. Mr. Speaker, I do not wish to object in this in­ property. That is the question. stance, but I do think that gentlemen should state the position oc­ Mr. JONES, of Florida. I have had occasion to look into this mat­ cupied by those to whom the privileges of the floor are to be granted, ter a good deal. These cessions have carried with them consequences in their own States, before the Honse grants that privilege. that at one time were not thought to follow. It is a very well estab­ I fear we are breaking away from the rule which has worked so lished principle of law in this country that where the State cedes beneficially for the comfort and convenience of the House in the prog­ jurisdiction over any portion of her territory to the United States for ress of its business. any of the purposes contemplated in this part of the Constitution, Mr. WHITE. I would like to inquire where we are to stop in this the persons or inhabitants living or residing within that territory matter of ~ranting the privilege of the floor. lose their political rights within the State. So I know it is in my Mr. STEVENSON. I have not aaked the privilege before for any own State. I know now of two thonsand people within the jnrisdic- gentleman. -tion of the United States who are held to have no political rights Mr. WHITE. Neither have I. whatever in the State, they being within the sole and exclusive juris­ Mr. KENN.A.. We are now revising the rules and will remedy that. diction of the United States because the State ceded to the General The SPEAKER. The gentleman from Illinois asks unanimous con- Government all her authority over the Pensacola navy-yard. I thought sent that the privilege of the floor be extended for two days to the it was a very unwise thing to do. With respect to the military res­ gentleman named. Is there objection'¥ e~vations no such cession was ever made. The forts in my State are There was no objection, and the request was granted. erected on property acquired by the Government by private purchase, but no cession of jurisdiction over them ever was made by State PUBLIC ROADS POST-ROUTES. authority; still they are utilized for all public purposes just the same, Mr. BAKER. Mr. Speaker, I demand the regular order of business. and I have never thought it necessary to go through the form of a The SPEAKER. The regular order of business being demanded, ceision of jurisdiction to enable the Government to use property for the morning hour now begins at fifteen minutes past twelve o'clock. these purposes. The unfinished business is the bill (H. R. No. 3384) declaring all pub­ Mr. EDMUNDS. But suppose the State should choose to tax that lic roads post-routes. land for illustration T T.he pending question was on seconding the demand for the pre­ Mr. JONES, of Florida. I do not think it could do it. vious question, and the Honse wa.a dividing at the expiration of the Mr. EDMUNDS. That raises the very question. It surely could last morning hour, when the point was made that a quorum had not not do it if we had a cession; but it would not be so certain it could voted. not do it if we had not. I should very much doubt if the United Mr. CLYMER. Mr. Speaker, that point of order was made by my­ States were to buy up the whole county in which I live in the State self, and if there be no objection, I now withdraw it, as I do not of Vermont, that the inhabitants thereof were going to escape taxa­ wish to delay the Honse, because it is evident that a quorum is now tion or any other duty that they owed to the State of Vermont when present. that purchase had been made by the United States without the The SPEAKER. If the point of order is not insisted upon that a consent of the State. I do not think it very safe to assume a prop­ quorum did no~ vot.e, the previons question will be considered as osition of that kind. Of course in the case of a very small pur­ seconded. chase, very likely the State would not care to tax it; but it might Mr. CANNON, of Illinois. I would like the attention of the gen­ be that she would; it might be that the State would wish to execute tleman from Georgia [Mr. COOK]1 for a moment. I will not insist on some particular process that she had against the commanding officer the point of order if he will allow an amendment making these pub­ of the fort or arsenal, or whatever it might be, at a time when it lic roads and highways post-routes merely while the mails are carried would be very unfortunate for the. United States that it should be upon them. done. The theory of the Constitution, therefore, was that there Mr. COOK. I have no objection to that. should be, in respect of dock-yards, arsenals and so on, so far as they The SPEAKER. On the division yesterday on seconding the were necessary and so far as the State chose, a political dominion of demand for the previous question the ayes were 83 and the noes the Government whose property they were, for reasons that it is 44. The point of order that a quorum did not vot.e is now with­ quite unnecessary to go into an extensive discussion about, because drawn, and the previous question is seconded. The gentleman from we all understand them and probably we understand them alike. Illinois [Mr. CANNON] asks unanimous consent to submit an amend­ That is all my point about it. I do not say that the United States ment. cannot acquire private property in the sense of ownership, just like Mr. STONE. The gentleman from Illinois authorizes me to stat.a any other corporation, in a State, without her consent. I rather the amendment he proposes. It is to insert, after the word " post­ think she can, although that is a question that might be argued with routes," the words "while the mails are carried thereon." considerable force on both sides; and thus it is that I call the atten­ Mr. COOK. That is the language which is used in the law as ap- tion of the Senate to what appears to me the doubtful propriety plying to plank-roads, rivers, and canals. (except in the case of some extreme emergency where we cannot Mr. D1Jm1ELL. Let the bill be read as proposed to be amended. wait) of proceeding t.o expend money for permanent structures upon The Clerk read as follows : property the dominion of which we cannot obtain or do not obtain Be it enacted, &c., That all public roads and highways are hereby declared post­ or have not obtained from the State itself. If it be necessary to have routes while the mails are carried thereon; and the Postmaster-~neral is hereby exceptions, as in many of the State grants for particular purposes authorized to put postal service upon all such routes when the public necessity where the two dominions do not necessarily conflict, they can be put may require it. . in ; but in the ordinary sense I should say it was extremely unwise. Mr. BLOUNT. I must objeot to the amendment suggest.ad by the My duty is done in calling the attention of the Senate to it. I shall gentleman from Illinois. It is a new thing and we have no chance not object to the consideration of the joint resolution. to discuss it. The Senate, as in Committee of the Whole, proceeded to consider The SPEAKER. The question recurs: Shall the main question be the joint resolution. now put7 The joint resolution was reported to the Senate without amend­ The main question was ordered. ment. 'rhe question was on agreeing to the amendment of the committee Mr. EDMUNDS. Now, that the joint resolution is up for consid­ to strike out the words" and the Postmaster-General is hereby au­ eration, I wish to ask the chairman of the committee whether he has thorized to put postal service upon all such routes when the public the statement or evidence that the Attorney-General has approved necessity may require it." this title ? The amendment was agreed to. Mr. COCKRELL. Yes, sir. The bill, as amended, was ordered to be engrossed and read a third The joint resolution was ordered to a third reading, read the third time; and being engrossed, it was accordingly read the third time. time, and passed. The question waa on the passage of the bill. EXECUTIVE SESSIO~. Mr. CLYMER. I demand the yeas and nays on the passage of the Mr. EDMUNDS. I move that the Senate proceed to the consider­ bill. ation of executive business. The yeas and nays were ordered. The motion was agreed to ; and the Senate proceeded to the con­ Mr. HA. WK. Let the bill be again read as amended. sideration of executive business. After one hour and thirty-two min­ The bill, as amended, was read, as follows : utes spent in executive session the doors were reopened, and (at three Be it enacted,>

The question was taken ; ,and there were-yeas 135, nays 100, not bill (H. R. No. 2932) amending section 740 of the Revised Statutes, voting 57; as follows : with amendments. YEAS-135. The bill was read, as follows : Aiken Dibrell, Knott, Simont.on, Be it enacted, &c., That section 740 of the Revised Statutes be, and the same is Aldrich, N. W. Dunn, Ladd, Slemons, hereby, amended so as to read as follows: Aldrich, William Dwight, Lapham, Smith, A. Herr " When a State contains more than one district or division every suit not of a Anderson, Errett, Lindsey, Smith, William E. local nature, in the circuit or district courts thereof against a single defendant, Armfield, Evins, Lowe, Speer, inhabitant of such State, must be brou~ht in the distrlct or division where he re­ Bailey, Farr, :Maiming, Starin, sides; but if there are two or more defendants, residing in different districts or Ballou, Felton, Martin, Benj. F. Steele, divisions of the State, it may be brought in either district or division, and a dupli­ Bayne, Finley, Martin, .Joseph .r. Stephens, cate writ may be issued against the defendants, directed t.o the marshal of any Belford, Fisher, :Mason, Stone, other district or division in which any defendant resides. The clerk issning the Beltzhoover, Ford, MGowan, Talbott, duplicate writ shall indorse thereon that it is a true copy of a writ sued out of the Bingham, Forsythe, McKinley, Taylor, court of the proper district or division; and such original and duplicate writs, Blake, · Garfield, Miller, Thomas, when executed and returned int.o the office from which they issue, shall con titute Boyd, Gillette Money, Thompson, Wm. G. and be yroceededon as one suit: and upon any judgment or decree rendered therein Brewer, Godshahc Muldfow, Tillman, execution may be issued, directed to the marshal of the district or division of any Browne, Hammond, .r ohn Murch, Townsend, Amos district or division in the same State. In all cases of removal of suits from State Burrows, Harmer, Newberry, T:vler, courts to the courts of the United States, such removal shall be to the United States Butterworth, Harris, John T. Nicholls, Upde~J.T. courts held in the district or division in which said State courts are held; and the Calkins, Haskell. Norcross, Updegraff, Thoma.a time within which the removal shall be perfected, in so far as it refers to the terms Camp, Hawk, O'Connor, Upson, of the United States courts, shall be deemed to refer to the terms of the United Carpenter, Hayes, Orth, Urner, States courts held in such district or division." Caswell. Hazelton, Overton, Valentine, Conger, Hallinan, Paae Vance1 The amendments reported from the Committee on the Judiciary Converse, Henderson, Po~hler, Voorhis, were as follows: Cook, Henkle, Pound, Ward, Cowgill, Horr, Prescott, Washburn, In line 9, after the words " district or division," insert the words "as the case Crapo, Honk, Price, Weaver, Cravens, House, Richardson, .r. S. Wellborn, ma.~~~ 25, after the words " district or division," insert the words "as the case Culberson, Hubbell, Richmond, White, maybe." Daggett, Hull, Ryan, Thomas Wilber, At the end of the bill add the following: Davidson, .Jones, Samford, Williams, C. G. "As aforesaid. And all oases whiqh may be removed from the district to the cir­ Davis, George R. .Joyce, Sapp, Willits cuit court, either by appeal or writ of error, may in like manner be taken from Da~,Horace Keifer, Shallenberger, Wood, Walter A. the district court of any division to the circuit court next to be held in the same Deering, Kenna, Shelle:y, Yocum. division; and if no circuit court be held in such division the appeal or writ of DeLaMatyr, Kitchin, Sherwm, error shall be ta.ken to such circuit court within the State as shall be ordered by the said district." NAYS-100. Mr. CONGER. Is that bill report.ad from any committee! Atherton, Colerick, Killinger, Robinson, Bachman, Covert, Kimmel, Ross, The SPEAKER. It is reported from the Committee on the J ucli­ Baker, Davis, Joseph J. Le Fevre, Sawyer, ciary. Barber, Davis, Lowndes H. Lewis Scales, Mr. CONGER. I hope it may go to the Committee of the Whole Beale, Dauster, Lounsbery, Singleton, J. W. for consideration. It is a very important bill, and there are some Bicknell, Dickey, Marsh, Sparks, Bla.okbnrn, Dunnell, :Martin. Edward L. Springer, provisions in it whlch no one can understand without further exam­ Bland, Ela.m, :McCoid, Stevenson, ination. Blount, Ellis, McCook, Thompson, P. B. The SPEAKER. Does the gentleman make a point of order on the Bouck, Forney, McKenzie, Townshend, R. W. Bragg, Frost, McLane, Tucker, bill T Briggs, Frye, McMahon, Turner, Oscar Mr. CONGER. I do, if it be subject to one. Brigham, Ge

The SPEAKER. The rule will be read. a successful representati&n of American piscicnltural progress at that exhibition The Clerk read as follows: may be assured. The subject was brought to the attention of Congress by means of a letter ad­ When a question is under debate, no motion shall be received but to adjourn, to dressed to the chairman of the Committee on Appropriations of the Honse of Repre­ lie on the table, for the previous question, to postvone to a day cert.a.in, to commit sentatives, dated the 20th of .January.., 1879. With that letter were inclosed copies or amend, to postpone indefinitely, which severaf motions shall ha.Te precedence of a dispatch from the late Mr. Bayara Taylor, minister at Berlin, and a letter from in the order in which they are arranged; and no motion to postpone to a day certain, Professor Spencer F. Baird, the United States Commissioner of Fish and Fisheries, to commit, or to postpone indefinitely, being decided, shall be again allowed on the showin~ the great advantages which would accrue from our participation in that same day, and at the same stage of the bill or proposition. exhibition. It does not seem necessary now, as the subject is already before Con­ gress in another form, and its importance and urgency are believed to be generally Mr. CONGER. I admit my mistake; I had the impression that the understood, to reproduce that correspondence. motion to commit preceded the demand for the previous question. A joint resolution, introduced by Hon. Mr. DEUSTER on the 15th instant, is lil.OW Mr. KNOTT. Before th~ gentleman from Alabama demands the before Congress for consideration. That resolution appropriates $20,000 "to enable previous question-- the United States Commissioner of Fish and Fisheries to exhibit America in Berlin in April, 1880, a fair and full collection of the different specimens of American The SPEAKER. He has demanded it. food-fishes, casts thereof, models of, and implements, &c., used in the prosecution Mr. KNOT!'. He will withdraw it for one moment. of American fisheries," and is now understood to be before your committee. Mr. HERBERT. Yes, sir. In view of the urgency of an appropriation being made immediately in order to Mr. CONGER. I suggest, then, if the gentleman from Alabama be ~ffective, I deem it not improper to call attention to the points in which Mr. DEUSTER's resolution seems to come short of the legislation needed. The resolu­ withdraws his demand for the previous question, I have the floor. tion should provide that the Commissioner should have authority to represent the Mr. KNOTT. No, sir; I have the floor. United States at the exhibition in person or by a suitable delegate, to be nominated Mr. CONGER. If the gentleman from Alabama withdraws his and appointed by the Secretary of State, and that authority should be given for demand for the previous question, I have the floor. the transmission from Washington of articles already vossessed by the Govern­ ment and available for the purpose, as well as for procurmg or ca.using to be made The SPEAKER. If the gentleman from Alabama withdraws his and exhibited the more modern apparatus and methods of the past few years. demand for the previous question and yields the floor, that is another Provision should also be made for the submission to the Department of State, and thing. through it to Congress, of a full report of the Com.missioner on the exhibition, and the progress made in the practical utilization of pisciculture as shown thereat. Mr. HERBERT. But I do not yield it. I am informed by the Commissioner of Fish and Fisheries that it is essential Mr. CONGER. Then the question is on seconding-- that the necessary action of Congress be taken within ~ee weeks from the 22d Mr. HERBERT. I wish to say there is nothing partisan, nothing instant, or the proposed participation of the United States in the Berlin fish exhi­ political, nothing sectional in this question at all. bition will be impoasible. I have the honor to be, sir, your obedient servant, Mr. CONGER. I object to debate. WM. M. EVARTS. Mr. HERBERT. I demand the previous question. Hen. S. S. Cox, The Honse divided; and there were-ayes 99, noes 29. Ohairman of the Oommittee on Foreign Affairs, Mr. CONGER demanded tellers. House of Representatives. Tellers were ordered; and Mr. CONGER and Mr. HERBERT were ap­ pointed. DEPARTMENT OF THE Ib"TERIOR, The House again divided; and the tellers reported-ayes 101, noes Washington, January 22, 1880. DEAR PROFESSOR BAIRD: I have had a number of letters from Germany, espe­ 38. cially from my brother-in-law, Dr. Adolph Meyer, of Kiel, relative to the fishery Mr. CONGER. Has the morning hour expired Y exhibition in that country, and expressing the anxiety of those interested there The SPEAKER. Does the gentleman make the point against a that the United States be represented. Their urgency is so great that I cannot quorum T The morning hour has expired, and if there is a second-­ but say to you that, in my opinio , everythin~ should be done to bring about a full representation of what has been.-u-0eompliSned in this country in that respect, Mr. CONGER. I will make that when it comes up again. especially a-a there seems to be a good prospect of our excelling all others, and I The SPEAKER. The morning hour has expire.d unless there is a would respectfully and warmly recommend this matter to your consideration. second to the demand for the previous question. If there be a second There seems to be more hope now that Congress will make the necessary appro­ that will take it out of the morning hour, and the question must be priation. Very truly yours, disposed of at once. C. SCHURZ. Mr. CONGER. There is no second if there is no quorum. Professor SPENCER F. BAIRD, The SPEAKER. Then the gentleman from Michigan makes the Smithsonian lnstitutwn. point of order that there is no quorum. Mr. CONGER. I do. TREASURY DEPARTMENT, Jalluary 26, 1880. Sm: I have the honor to acknowledge the receipt of your letter of the 19th in· The SPEAKER. Then this question goes over until the next morn­ stant, submitting copy of a joint resolution introduced int-0 the Honse of Repre­ ing hour. sentatives on the 15th instant, having for its object the appropriation of $i!O,OOO, Mr. CONGER. And by going over it will give us an opportunity to enable the United States Commissioner of Fish and Fisheries to exhibit in Ber­ to examine the bill. · lin, in April, 1880, a collection of the different specimens of American food-fishes~ casts, &c. In my opinion, it is very important that this Government be enablea ORDER OF BUSINESS. to participate in the exhibition in question, and such measures should be adopted Mr. BLACKBURN. I move the Honse resolve itself into the Com­ as shall enable the United States to make a full and fair exhibit of its food-fishes mittee of the Whole on the state of the Union, to continue the con­ and the important interests connected therewith. An :wpropriation of 120,000, or so much thereof as might be necessary for the purpose mdicated, would therefore sideration of the report of the Committee on Rules. meet with my hearty approval. Mr. TALBOTT. Will the gentleman let me introduce a joint res­ Very respectfully, olution from the Legislature of the State of Maryland T .JOHN SHERMAN, Mr. BLACKBURN. The gentleman from Ohio [Mr. WARNER] was Secretary. Hon. p. v. DEUSTER, cut oft' yesterday by an objection, and if I yield at all I must yield to House of Represent,atives. him. Mr. WARNER. I rise to a privileged question. DEPA.RT.MIDKentucky indicate what Washington, D. 0., January 28, 1880. he wants done T MY DEAR Sm : I have received your kind letter of this date, and beg leave to say in reply that I earnestly hope the joint resolution providing for the participa­ Mr. BLACKBURN. I have risen to move th.at the Honse resolve tion of the United States in the fishery exhibition in Germany will succeed. I itself into the Committee of the Whole on the state of the Union to have received a number of letters from men prominent in science, and especially consider the report of the Committee on Rules. I do not desire to in piscicultnre in Germany, expressing great anxiety that the United States, of cut off any gentleman who wishes to make any motion that will give whom the most complete and instructive exhibition is expected, be represented on that interesting occasion; and I venture to express the hope that yon Will do all in rise to no debate. your power to bring a.bout so desirable a result. BERLIN INTERNATIONAL EXHIBITION. Very truly yours, C. SCHURZ. · Mr. MORTON. Mr. Speaker I am authorized bytheCommitteeon Hon. P. V. DEUSTER, Foreign Affairs to report thefoiiowing joint resolution, which was re­ House of Repre8entatives. ferred to that committee, in relation to the international German fish­ ery exhibition to be held at Berlin in April next. The.subject is one of Oopy of "letter to Profe8sor Baird from Mr. Von Beh?', member of the Gennan Par­ liament and president of the international fishery exhibition, to open at Berlin great importance to the whole country, and the committee nnani­ April 20, 1880. monsly recommend the speedy passage by the House of the resolution ScHMOLDOW, l\"E.Alt GRIEFSWALD, January 1, 1880. as amended by the committee. The accompanying letters from the DEAR Sm: There is the New Year, but where a.re the announcements of your Secretary of State, the Secretary of the Treasury, the Secretary of the exhibits for our great show7 Most men would mourn and keep silent. Not L Interior, Professor Baird of the Smithsonian Institution, the Amer­ Dum spiro spero. I can't, I won't believe that yon don't send us your precious things. Would I ever have entered into the idea of exhibition without the firm , ican minister at Berlin, and also a letter from Mr. Von Behr, a mem­ hope, no, the firm conviction, that you would partake 1 Surely not. It was you ber of the German Parliament and president of the international fish­ who gave to the world the impulse for the great endeavoring of piscicnltnre by ery exhibition at Berlin, all of whom strongly urge the representation millions. It is you-you led us the way, and now y.ou will remain aside. I dare per­ of the United States at the exhibition, will give full detailed infor­ mit myself to say, it is not at all like United States not to partake in such a work, which claims the right of calling itself the most unselfish_, the most friendly to mation in reference to this subject: mankind, which we try to provide with excellent and cheap rood. \ DEPARTMENT OF STATE, Plenty of nations, far less known, far less advanced, will come and do their best~ Washington, January 26, 1880. and Professor Baird, in two qualities, as president of the Commission for Fish ann Sm: In view, not merely of the importance of the subject of fish propagation Fisheries and as president of the Smithsonian, with the beautiful claim of promot­ from a national and matenal IJOint of view, but also of the anxiety shown by the ing knowledge, you would not send us your best.. Excuse my warmness; think back German government that the United States should be adequately represented at of all my letters. I dare say yon never read anything in that as real, true acknowl­ the approaching international fishery exhibition to be held at Berlin, I deem it edginent of your kindness to me, of your non-such position "in piscibus." No, dear proper to call the earnest attention of your committee to the subject, in order that sir, I shall not believe that you don't send before we are to open, on the 20th of by the passage of a proper act accompanied by an ~ppropriation of a sufficient sum Apt·il, our proud halls, and lam to repeat to all, all that ask, y es, he is not here. ~ 1 1880. CONGRESSIONAL RECORD-HOUSE. 603 if I am to say that, it will take me all all poetry, all joy of this my dream, to do a of order that this bill must have its first consideration in the Com­ little good to mankind.. Once more I ask you, h.y before your authorities a fresh expression of your strong desire to see the United States exhibition making its mittee of the Whole on the state of the Union. The Chair sustains proud appearance within the precincts of our world show. the point of order, and the joint resolution and amendment will be We have the wire, thank God. I dare eay, United States never came too late, referred to that committee, and, with the accompanying report, or­ and if as late a.a first days of :March, wire tellS me: "We come. We need square dered to be printed. meter;" we shall do our very best to have them built in the poor remaining weeks. Mr. MORTON. I give notice, Mr. Speaker, that this will be called The opening must be on the 20th of April. The world knows it. Oh1 we shall have plenty of useful and most int;erestin~ thino-s. The very best men m my country up next Tuesday in the Committ~e of the Whole on the state of the are bnsy and are most cleverly working. '.But without the United States~ No, Union. never. To-day week your Congress rebegins; he can't say no, to you and to old STOPPING PAPER INFLATION. Germany. Lord bleas you and assis• you. Mr. WARNER, by unanimous consent, from the Committee on Coin­ Yours truly, age, Weights, and Measures, reported ba-0k, with amendments, a bill BEHR. (H. R. No. 3348) to stop paper inflation and to provide for needed in­ crease of volume of currency by free coinage of gold and silver and [No. 75.l gold and silver certificates; which was ordered to be printed and re­ LEGATION OF THE UNITED STATES, Berlin, January 5, 1880. committed, not to be brought back by a motion to reconsider. Sm: A day or two since I received a call from Baron George von Bunsen, mem­ ber of the Imperial Diet, and a gentleman held in the very highest esteem through­ INTEROCEA.NIC CANAL. out Germany, during which he pressed me very strongly to urge upon our Govern­ Mr. I ment the importance of the international fishery exposition to be held in Berlin, KING. ask unanimous consent to offer the resolution which in AJ?rilof the present year. He laid before me statements which convince me I send to the desk. tha.t it will be an exceedingly interesting and valuable collection, and that a body The Clerk read as follows : of men will be brought together whose papers and discussions will considerabl::y Resolved, That the select committee on the subject of the interoceanic ship-canal, increase the practical. knowledge of the best means of creating, improving, and and other proposed communication between the Atlantic and Pacific Oceans, be, :maintaining fisheries in varions parts of the world. and are hereby, authorized to employ a clerk, to be paid out of the "miscellaneous Re said to me that all interested in the subject here were anxious above all things items" of the contingent fund of the House of Representatives, at the same rate that our own country should take part in such an exposition, and that we now rank per diem allowed the clerks of other committees of the Honse, and also a sergeant­ as the first as regards progress in this de:partment. He thought what we could at-arms, a stenographer, and interpreter, whenever the same may become necessary, send from the Smithsonian Institute especially, under charge of Professor Baird, to be paid out of the same fund. would be highly honorable to the country and of great benefit to the world at large, while we ourselves would receive in return very valuable information. Mr. SPRINGER. Let that resolution go to the Committee of Ac­ His main wish was that an effort be made to induce Congress to take the neces­ counts. sary steps to send Professor Baird or other suitable person or persons, with such The resolution was referred to the Committee of Accounts. part of our collections as shall be jud~ed most proper to represent us in this respect. I called his attention to the short time remaining tons, and told him that I feared REVISION OF THE RULES. it was too late to get the required a-0tion. He said that if tile action were taken by the end of February, it would be in ample time. To this I answered, that this ~. BLACKBURN. I now insist on my motion that the Honse re­ was a very abort time indeed in which to carry through a meaaure of this sort, but solve itself into the Committee of the Whole on the state of the Union, that I woUld lay the matter before you. for t.he purpose of further considering the report of the Committee I have also the honor to inclose a letter from Mr. von Bunsen to Mr. Secretary on Rule.s. Schurz on this subject, with his request that it be delivered to its proper address. I should hesitate to bring to your notice a communication of this sort, were it Mr. CONGER. Pending that motion, I desire to offerasnggestion. not that Mr. von Bunsen assures me that the foreign office will shortly forward a. I ask unanimous consent that two hours, if necessary, be allowed for dispatch in addition to the one already sent to the German minister at Washing­ general debate on the pending proposition, the amendment of the ton, a:nd that an effort is being made to induce the chancellor, Prince Bismarck, to interest himself earnestly in the matter. gentleman from Virginia, [Mr. TUCKER.] · I have the honor to be, air, with great respect, your obedient servant, Mr. SPRINGER. I object. My reason for objecting is that I am AND. D. WHITE. informed that the gentleman from Virginia [Mr. TUCKER] will with­ The HoN. ,WM. M. EVARTS, draw the proposed rule. Secretary of Stat.e. Mr. CONGER. If the amendment of the gentleman from Virginia The SPEAKER. The Chair is advised that this should be acted on be withdrawn, of course I do not desire debate. to-day or else it will be too late ; and the Chair also learns that is The motion of Mr. BLACKBURN was agreed to. the unanimous report from the Committee on Foreign Affairs. The Honse accordingly resolved itself into the Committee of the Mr. WILSON. And that committee respectfully asks for action _Whole on the state of the Union, and resumed the consideration of to-day. the report of the Committee on Rules, Mr. CARLISLE in the chair. Mr. BLACKBURN. Oh, no, the Committee on Rules have been The rule under consideration was the following : · criticised enough for the time taken up in the discussion of the revis­ RULE VIII. ion of the rules, an8. therefore I can yield the floor for no purpose 1. Every member shall be present within the Hall of the Honse during its sittings, which involves debate. unless excused or necessarily prevented; and shall vote on each question put, un­ Mr. HAWLEY. Will the gentleman allow me to state the reason less, on motion made before division or the commencement of the roll-call and de­ why there should be action to-day Y cided without debate, he shall be excused, or unless he has a. direct personal or Mr. BLACKBURN. That means of itself debate. If there is any pecuniary interest in the event of such question. necessity the Chair will state it. An amendment was pending, offered by Mr. TUCKER, as follows: The SPEAKER. The Chair can only state what has already been Amend Rule VITI by inserting after clause 1 the following: stated by the Committee on Foreign Affairs. 2. Whenever a quorum fails to vote on any question, and objection is made for that canse, there shall be a call of the Honse, and the~yeas and nays on the pend­ Mr. WILSON. Let the resolution be read and it will explain itself. ing question shall at the same time be ordered. The Clerk shall call the roll, and The joint resolution was read, aa follows: each member as he answers to his name, or is brought before the Honse mlller the proceedings of the call of the Honse, shall vote on the pending question. If those Joint resolution concerning an international fishery exhibition to be held in Berlin, voting on the 9,Uestion and those who are present and decline to vote shall together Germany, in April, 1880; make a. majonty of t.he Honse, the Speaker shall declare that a quorum is consti­ Whereas all civilized nations take part in the international fishery exhibition to tuted; and the pending question shall be decided as the majority of those voting be held in the city of Berlin, Germany, in April, 1880, it is deemed both right and shall appear. expedient tbat the prominent and effective action of the United States in the line of the artificial propagation of :fisb and the stocking of depleted fishing-waters Which Mr. HUNTON had moved to amend by adding the following should be conspicuonsly and well exhibited on the occasion: Therefore, proviso: Resolved by the Senat.e and HoUiJe of Representatives of the Unif,ed, Stat.es of Amer­ PrO'IJided, That those voting in the majority shall constitute a majority of those ica in Congress assembled, That to enable the United States Commissioner of Fish actually present in the House. and Fisheries to exhibit America in Berlin in April, 1880, a fair and full collection of the different specimens of American food-fishes, caats thereof, models of, and Mr. BLACKBURN. The debate that has occurred upon the amend­ implements, &c., nsed in the prosecution of American fisheries, the sum of $20,000 is ment proposed by the gentleman from Virginia [Mr. TUCKER] has hereby appro:priated out of any moneys not otherwise appropriated in the Treas­ lll"Y of the Umted States, or so much thereof as may be necessary for the purpose, sufficed to satisfy the Committee on Rules that its further considera­ 'M> "be immediately available on the passage of this resolution. tion will involve at least the consumption of one or more days, and The SPEAKER. The amendment of the committee will now be result probably in the defeat of the amendment. And if it should reported. result otherwise :i.nd that a.mendment should be adopted, the Com­ The Clerk read as follows: mittee on Rules are of the opinion that it may in no small mea.sure Add as follows: affect the final vote on the adoption of the series or system of rules 2. That the United States Commissioner of Fish and Fisheries be, and he is which have been submitted for the consideration of the Hoa.se. In hereby, authorized to represent the United States, either in person, or by a deputy view of these facts I ask the gentleman from Vir~inia to withdraw to be appointed by the President of the United States, and that at his discretion his amendment and thereby enable us to proceed with the adoption be m2.y use any portion of the collection at present forming a part of the National Museum in making out the proposed exhibition for the United States. or rejection of the report as a whole, and not delay the action of the 3. That the United States Commissioner of Fish and Fisheries be, and is hereby, House further. I desire to add that I make this request not because instructed to present to Con~ess, through the Department of State, a report upon the Committee on Rules object to the admission of any amendment the Berlin exhibition, showmg the recent J?rogress and present condition of the that may be offered by any member of the Honse, but simply be­ fishery and of fish culture in foreign countries. cause we take a practical view of what may be the probable result Mr. MORTON. I demand the previous question upon the joint res­ of the amendment. olution and amendments. Mr. TUCKER. I offered on yesterday my amendment to thereport Mr. MCMILLIN. That is a bill making appropriations, and must of the Committee on Rules, believing as I did not only that the pro­ have its first consideration in the Committee of the Whole on the vision which I had offered was in accordance with the Constitution, state of the Union. but that it was deIIUJ,nded by the Constitution; and I believe that it The SPEAKER. The gentleman from Tennessee makes the po.int is in accordance with right policy that that rule should be adopted 604 CONGRESSIONAL RECORD-HOUSE. JANUARY 29,

by this House. At the same time I am not so wedded to the adoption doorkeepers, but I think members of

. 1880. CONGRESSIONAL RECORD-HOUSE. 605

Mr. CONGER. Does this amendment preclude the entry of the Mr. BLACKBURN. Such an amendment can be offered in the pairs in the Journal f House. I simply desire to protect the Committee on Rules from the Mr. BLACKBURN. That was, I will say, the object of the amend­ establishment of a precedent which may be troublesome hereafter. ment. Mr. CONGER. It is better to have leave of the House to do it. Mr. CONGER. I do not understand whether this is to be a part of Mr. BLACKBURN. The gentleman from Michigan has that right the journal entry, or is to be merely published in the RECORD. in the House. l\lr. BLACKBURN. I see the point the gentleman makes. I will Mr. CONGER. Not if the previous question is demanded. state that this is the first time pairs have ever been recognized by Mr. BLACKBURN. He has unless the previous question cuts him rule at all. Their announcement has hitherto been tolerated, but no off. If the gentleman wishes to offer an amendment, I would rather recognition has been given to them by the rules. For the sake of have it now. economy of time this clause of Rule Vill was devised, requiring that Mr. CONGER. It is not important enough to dwell upon at length. written memoranda of all pairs be furnished by members to the Clerk, I think it may be desirable hereafter to offer it, and therefore I desire to be read at the time the vote is announced, and to be published in to reserve that right. the RECORD. But we do not think itnecessary(and I doubt whether Mr. SIMONTON. What is the request? the gentleman from Michigan will upon reflection think it necessary) The CHAIRMAN. The gentleman from Michigan asks the right to encumber the Journal with the statement of pairs. The RECORD to return to this clause of Rule VIII, for the purpose of moving an will contain that statement in full. As the gentleman knows, the amendment, if we propose that the announcement of pairs shall be Journal is only a limited record of the proceedings of Congress. In published as well in the Journal as in the RECORD. the CONGRESSIONAL RECORD we find the official proceedings stated Mr. SIMONTON. I object. in detail. This rule, with the amendment just submitted, will require Mr. ROBINSON. I wish to ask the gentleman from Kentucky a that such pairs as may be announced by the Clerk in accordance with question in reference to this rule. · written memoranda furnished to him shall be published in the REC­ The SPEAKER. The Chair will state to the gentleman from Mas­ ORD; but it does not provide that they be published in the Journal. sachusetts that the amendment which has provoked discussion be­ Mr. CONGER. If this proposed rule recognizes pairs for the first tween the gentleman from Kentucky and the gentleman from Michi­ time, and if they are to be published in the REC.ORD, it seems to me gan has been adopted and is no longer open to discussion. they should be published in the Journal also, as there might possibly Mr. ROBINSON. My question does not refer to that amendment, be mistakes in regard to these pairs and legislation might be affected but is to the rule as it now stands, and it is whether the gentleman by such mistakes. I submit that the Journal should have a full record from Kentucky understands these lists which are to be furnished by of votes, and whatever is recognized by rule as properly connected the members shall be verified by the signature of the member fnr­ with voting. Either pairs should not be recognized at all, or they nishing it, or "\fhether a piece of paper which says A is paired with B should go into the Journal. · may be taken to the Clerk's desk and there left and that shall be con­ The CHAIRMAN. The Chair will remind the gentleman from sidered a sufficient guarantee for publication in the RECORD. Michigan that the amendment of the gentleman from Kentucky has Mr. BLACKBURN. The name of the member announcin~ pairs, been voted upon, and there is now no questfon before the Committee of course, will be attached to the memoranda which he furrushes to of the Whole. the Clerk and that is all that the proposed rule intends to require. Mr. BLACKBURN. I desire that the gentleman from Michigan and Mr. ROBINSON. The point in debating this clause of the rule, so the Committee of the Whole sb.all understand the purpose of the far as I understand it, is to save time and that we may be rid of this amendment. We desire to secure perfect accuracy ; and the CON­ promiscuous announcement all over the House. GRESSIONAL RECORD the next morning after any vote may have been Mr. BLACKBURN. Yes, sir, a doubl~ announcement. taken will enable each member to see whether the pairs have been Mr. ROBINSON. If that is the object not much time is Baved, and announced correctly. This provision simply formulates in the shape I submit to the Committee of the Whole that it seems to me that it of a rule a practice that has prevailed for many years. A quarter of is of great consequence we should have the personal indorsement a century ago members used to send to the Clerk written memoranda and guarantee of the member who stands in his seat and says that of pairs that had been formed on any question coming before the his colleague, Mr. A, is paired with the gentleman from Mississippi, House. and soon. We have that now, and the member announcing the pair The Journal is but an abbreviated synopsis of the proceedings of the also states how the members would vote on the question before the House. The RECORD is the extended official statement of its work. House if they were present. This amendment proposes that in the RECORD there shall be pub­ Under this clause of the rule, we leave it to an entirely irresponsi­ lished, immediately after the names of those not voting, a list of ble statement, unsigned, handed to the Clerk. pairs which may be reduced to writing by members, furnished to the The CHAIRMAN. This is all in the nature of general debate which Clerk, and read from the desk. has been expressly terminated by order of the House. It is now in Mr. CONGER. Let this clause be passed over with the understand­ order to discuss amendments. ing that the right is reserved to amend it hereafter by inserting the Mr. ROBINSON. I move to strike out the last word. words " in the Journal and." The CHAIRMAN. The gentlemanfromMinnesota[Mr. DUNNELL) The CHAIRMAN. The Chair sug~ests };hat an amendment would has had for some minutes in the hands of the Clerk an amendment be in order after the amendment which the gentleman from Minne­ which will now be read. sota [Mr. DUNNELL) has been seeking the floor to offer. The Clerk read as follows : Mr. CONGER. Let the reservation be made, so that if hereafter it Rule Vlll, after the word "voting," in clause second, add the following : Pro­ be thought proper to offer such an amendment it may be done. vided, They shall be announced but once during the same legislative day. Mr. BLACKBURN. Let me suggest to the gentleman from Mich­ Mr. DUN.NELL. I am very glad, Mr. Chairma.n, this rule has been igan that when leave of absence is granted no reason for such leave reported by the chairman of that committee, althou~h it dignifies is ever stated on the Journal. I simply propose to protect the Journal and recognizes pairs between members. It will save, if followed, a from that cumbersome work which would be imposed if every pair great deal of time and render our work so much more acceptable. announced to the House must be carried to the Journal. The CON­ But I think the amendment which I have proposed, if adopted, will GRESSIONAL RECORD, it seems to me, submitted as it is to the inspec­ save more time, because we may have seven or eight times during a tion of every member of the House upon the succeeding morning, single sitting the announcement of these pairs. If this amendment affords ample protection against any mistakes or misstatements which be adopted the announcement is made but once, after the second may possibly occur. roll-call, when the announcement of pairs is to be made. As the rule Mr. CONGER. I do not know that such an amendment as I have now stands that announcement must be repeated after the roll-call indicated would be desirable. I only ask that the right be allowed on every vote; so the clerks will be reading off a list of pairs here to go back and insert it if hereafter it be deemed necessary. perhaps half a dozen times during the same sitting of the House. Mr. BLACKBURN. I will state further to the gentleman from My amendment simply provides that this announcement of pairs Michigan that these pairs as announced will be kept in a book re­ shall be ma.de but once durincr any legislative day. I think that served for that purpose, in which the entries will be just as regular amendment ought to be accept~le to both sides of the House. aB in the Journal of the House. Thus there will be a test of the ac­ Mr. BLACKBURN. Speaking for myself, I am disposed to accept curacy of the statement in the RECORD. the amendment of the gentleman from Minnesota. The object of the The CHAIRMAN. The gentleman from Michigan asks that the Committee on Rules in drafting this new rule was to economize time, right to return to this clause may be reserved for the purpose of which I am sure the gentleman from Massachusetts will appreciate moving an amendment providing that pairs shall be recorded in the and recognize when I remind him that in the confusion incident to Journal as well as in the RECORD. Is there any objection T taking the vote by yeas and nays it frequently occurs that the same pair Mr. BLACKBURN. I do not understand that there is to be reserved is announced from this side of the House and again announced from the right to return to this provision of the rule. tha.t side of the House. The Committee on Rules thought the time The CHAIRMAN. The Chair has just announced that the gentle­ would be economized by requiring this list of pairs to be furnished man from Michigan asks the reservation of this right. to the Clerk in writing, so that bat one announcement of a pair Mr. SIMONTON. I object. would be made on any vote. Mr. BLACKBURN. I do not mean to object; but I would rather Now, if the gentleman from Massachusetts desires, I am perfectly h:i.ve these rules settled as we go along. willing to insert after the word "members," in the second line, Mr. CONGER. All I desire is that there may be opportunity to go clause 2 of Rule VIII, the words "and signed." back and insert this amendment if it be necessary. I am not at all Mr. ROBINSON. By them. -certain that we shall desire it. Mr. BLACKBURN. By them, if they choose; but I do not think 606 CONGRESSIONAL RECORD-HOUSE. J..L~.ARY 29, that is necessary, because that second clause declares pairs shall be member is absent, shall have before the House a list of those who announced by the Clerk ~at the completion of the secon~ roll-call have neglected to discharge their duties upon this floor. I wish in from a written list furnished him by members. If that list be not other words to make it conspicuous in the Journal who are absent signed by a member of the House, what evidence has the .Clerk that from their seats and from their posts of duty. it bas been furnished by a member at all¥ It must be signed by a The amendment was not agreed to. member t.o carry prima facie evidence to the Clerk that a member of MESSAGE FROM THE SENATE. the House has furnished it. Here the committee informally rose; and Mr. SPRINGER having Mr. ROBINSON. Let me suggest a gentleman may carry to the taken the chair as Speaker pro tempore, a message from the Senate, by Clerk a piece of paper signed by anybody. Mr. BURCH, its Secretary, was communicated to the House. Mr. BLACKBURN. What evidence would that piece of paper The message announced that the Senate agreed to the amendments carry to the Clerk that it had been furnished by a member of the of the House of Representatives to the bill (S. No. 891) to locate and Hoosef purchase a new site for the United States Naval Observatory. Mr. ROBINSON. If I carry it to the Clerk myself it is the best The message farther announced that the Senate had passed a reso­ evidence-the evidence of his own sight. lution, in which the concurrence of the House was requested, for the The CHAIRMAN. No such question is now before the committee. printing of 5,000 additional copies of the report of the Naval Observ­ Mr. BLACKBURN. Having said so much on that point, I ~ill sim­ atory on the eclipse of 1879 ; of which 1,500 copies shall lie for the ply say of the amendment offered by the gentleman from Mmnesota use of the Senate, 2,500 copies for the use of the Honse of Represent­ that for myself I cannot see the necessity for announcing a pair be­ atives, and 1,000 copies for the use of the Naval Observatory. tween gentlemen more. than once in an1 ~egislative day. The message further announced that the Senate agreed to the reso­ And in that connection, let me add, it IS only of recent years that lution of the Honse of Representatives authorizing and directing the a list of those members not voting has been published in the RECORD Public Printer to print 2,500 copies of the report of the health officer at all. Prior to that time and until very recently no record was ever of the District of Columbia for the use of said health officer. made except of the members voting in the affirmative and negative. The message further announced that the Senate had passed a bill Of recent years a record ha.s been made of those not voting, bu~ to this (S. No. 142) for the relief of John McClintock, in which the concur­ day no recognition of pairs has ever been made at all. I think the rence of the House was requested. rule proposed by the committee requiring a written list to b.e fur­ The message further announced that the Senate agreed to the re­ nished by members necessitates the signature of the member furni~h­ port of the committee of conference on the disagreeing votes of the ing the list and the amendment offered by the gentleman from Min­ two Houses on the bill (H. R. No. 582) to provide for circuit and dis­ nesot.a that the announcement of such pairs shall be but once in any trict courts of the United States at Columbus, Ohio, and transferring le!rislative day seems to me a still further complement-of the offer of certain counties from the northern to the southern district in said th~ committee to expedite the calling of the roll. State. Mr. ·DONNELL'S amendment was adopted. The message further announced that the Senate had passed with­ Mr. ROBINSON. Is it in order to submit an amendment now f out amendment a bill and joint resolution of the Honse of the fol­ The CHAIRMAN. It is. lowing titles: Mr. ROBINSON. I move, then, after the word" members," in the A bill (H. R. No. 2188) for the relief of Thomas Kearney; and second line of the second clause, to insert these words: " and signed A joint resolution (H. R. No. 163) authorizing the Secretary of by them." War to expend a sum of money heretofore appropriated for the erec­ Mr. BLACKBURN. I have no objection to that, and there is no tion of a storehouse and depot building at the city of Omaha, in the objection I think on the part of the committee. State of Nebraska. Mr. HAWLEY. Would it require both of the members to sign the REVISION OF THE RULES. announcement of the pair¥ It would seem so. The Committee of the Whole resumed its session. Mr. BLACKBURN. The member making the report. Mr. HAWLEY. I move to strike out the last word, only for the Mr. WRIGHT. Let the amendment be reported again. purpose of making an inquiry of the gentleman from Kentucky. I The amendment was again read. notice on page 4 of his report, under the title "of the members," a. Mr. BLACKBURN. Let me ask the gentleman from Massachusetts statement that the Committee on Rules desire to provide " that no [Mr. ROBINSON] to change his amendment so as to insert the words member outside the railing inclosing the seats shall be counted." after the word "furnished" instead of after the word "members;'' That is to define what shall be the floor; but while that is in the and let it read: report, I find nowhere in the rules any such definition. I call the at­ Pairs shall be announced by the Clerk after the completion of the second roll-call, tention of the gentleman from Kentucky to what appears to be an from a written list furnished him and signed by members. omission. Mr. ROBINSON. I will modify my amendment in the manner sug­ Mr. BLACKBURN. It is true that is not in the rules. gested. Mr. HAWLEY. And yet the report says the committee desire to Mr. ACKLEN. I offer as an amendment to the amendment what I provide that no member outside the railing inclosing the seats shall send to the desk. be counted as within the Hall. The Clerk read as follows : Mr. BLACKBURN. I will state to the gentleman from Connecti­ Strike out these words: "from a written list furnished him by members," and cut [Mr. HAWLEY] that "the floor of the House" has never been insert "from written statements furnished and signed by the member presenting defined. in terms by any rule. But the rule to which he refers simply the pair." requires that a member, when desiring to vote, shall come within the Mr. CLYMER. Now let the amendment of the gentleman from railing that incloses the seats of members of the House. Massa-chusetts [Mr. ROBINSON] be read. Mr. HAWLEY. But there is no such rule. Where is it! The Clerk read as follows : Mr. BLACKBURN. There is a ruling made in the Thirty-fifth Strike out the words "by members," and insert " and signed by the member Congress at its first session, soon after the occupancy of the present making the statement to the Clerk." Hall. I refer the gentleman to page 164 of the Manual and Digest. Mr. ACKLEN. I think that covers the ground; and with the per­ Mr. HAWLEY. But that Manual and Rules are those for which mission of the committee I withdraw my amendment to the amend- are to be substituted these we are now considering. ment. . Mr. BLACKBURN. It is not the purpose of the Committee on The question being taken on Mr. ROBINSO~'s amendment, as mod­ Rules to do more than it has done. The ruling declared " that in ified, it was agreed to. order to be entitled to vote a member must have been upon the floor Mr. TOWNSHEND, of Illinois. I offer the amendment which I of the Hall, and not outside any of the doors leading to it." send to the desk. Mr. HAWLEY. Is that the rule t The Clerk read as follows : Mr. BLACKBURN. No, sir; but a ruling of the Speaker of the Add to the clause the following: . . . Thirty-fifth Congress, which upon appeal was sustained by a vote of But no pair shall be announced unless one of the parties to the pair 1s absent by the Honse. The rule to which the gentleman from Connecticut refers leave of the House. is simply meant to simplify and make more convenient the duty im­ Mr. TOWNSHEND, of Illinois. I can see no use in having a pair if posed upon the Speaker in the matter of a count by a risingvote. If in the first place the two members are on the floor. In the second members are permitted to vote in all the vacant places in the rear of place if members absent themselves without leave of the Honse, I do the seats, it will be difficult to arrive at anything like an accuracy of not think they should enjoy the privilege we are now to confer upon count. This rule simply requires that upon a division each member them of having their pairs announced. I think the adoption of the ·shall come within the railing to be counted. amendment would secure a better attendance of members so as to Mr. HAWLEY. That is exactly what I am driving at. The gen­ promote the dispatch of public business. tleman says "this rule;" there is no such rule. But in their report The question being taken on the amendment it was not agreed to. the Committee on Rules says: Mr. TOWNSHEND, of Illinois. Ioffertheamendmentwhichlnow The,.principal c~nges mad!' under thi~ bead are~ follows: * send to the desk. The Clerk read as follows : Se,cond,. That no member outside of the railing inclosing the seats shall be counted. Add to the clause the following : Now, that is all right enough; but it ~s ~ot in ~hese rules. A list of all members absent without leave shall be inserted at the end of the Mr. BLACKBURN. No, sir; because it is not m t~e power of the Journal and read by the Clerk as a part thereof. dommittee on Rules or of the Honse of Representatives to refuse t• Mr. TOWNSHEND, of Illinois. My object in offering this amend­ any member of this House the right to vote if he be upon the floor oi ment is that the Clerk, on the day following the day on which the the House. 1880. CONGRESSIONAL RECORD-HOUSE. 607

Mr. HAWLEY. 'rhen the report of the committee requires-­ he may have committed, that is fully covered by the preceding por­ Mr. BLACKBURN. No, it does not require. The intention of the tion of the clause in which it is declared that-- committee was, as far as possible, to bring members inside o~ the Questions of privilege shall be, first, those affecting the rights of the House col­ railing to give their votes upon a rising count . But t he comIIllttee lectively. did not understand that it had t he power, nor does it believe that the If there should be unworthy members here, members who ought to Hom1e of Representatives has the power, under the Constitution of be expelled because of t he commission of crime, it is a question for this country, to refuse t~e gentleman from Conne.cticut [Mr. ~w­ the investigation and action of the Honse. It certainly affects the LEY] the right to cast his vote, though he be outside of the railing. "dignity" of the House if any member haB committed a crime agaiinst It is simply a suggestion by the committee. The gentleman can vote the laws of the country which would warrant his expulsion. I think, if he is anywhere upon the floor of the Honse. therefore, that the object of the amendment is fully covered by the Mr. HAWLEY. What does this page 4 of the report mean, then 7 language already embraced in the clause. Mr. BLACKBURN. Page 4 means no more and no less than what Mr. REAGAN. I am afraid we shall make a blunder if we adopt I have already stated to the gentleman from Connecticut: that in the amendment proposed. It seems to me subject to the criticism of order to arrive at anything like an accuracy of count it is simply the gentleman from Ohio. Its language is " guilty" of any offense ; requested or suggested, there being an utter absence of power to it does not sa.y "convicted" of any offense. If we saw proper to take enforce it, that upon a rising vote m~mbers shall come inside of t~e jurisdiction, we might have t~ try a criminal charge here. I think, bar t hat in closes our seats here. But if the gentleman from Connecti­ however, that the rule as it stands goes as far as we ought to go. Even cut shall see fit to cast his vote from the remotest corner of this Hall, if it does not, I believe we should make a mista.ke by adopting the there is nothing within the power of the House, much less within the amendment in the form presented. power of the Committee on Rules, to deprive him of his constitutional The question being taken on the amendment of Mr. SPRINGER, it prerogative to vote. was n~Afeed to. Mr. HAWLEY. I do not object to a word of that. But I do not Mr. RIS, of Virginia. I move to amend by striking out in line understand why you have si:i.id that you have made a provision ~n the 3 of the pending clause the word "character." The clause will then rules requiring .that no member shall be counted unless withm the provide that the second class of questions of privilege shall be those bar of the House, when you have not made it. affecting the rights and conduct of members individually. I will Mr. BLACKBURN. We have not said so. state my object in offering this amendment. It has apparently been Mr. HAWLEY. I withdraw my proforma amendment. the purpose of iihe Committee on Rules to narrow the grounds of There being no objection, the pro f01•ma amendment was withdrawn. "personal explanations" in this House. The House has been again The Clerk read the following : and again mortified by the proceedings attending "personal expla­ RULE IX. nations" on thi.8 floor. Now it seems to me that if we omit tl.te word QUESTIONS OF PRIVILEGE. "chamcter," the language "rights and conduct of members" will Questions of privilege shall be, first, those affecting the rights of the House col­ embrace everything which the committee designed to include, while lectively, its safetyi dignity, and the integrity of itJs proceediiigs; second, the rights, it will not leave open a wide door for "personal explanations" such character and cona.uct of members individually in their Representative capacity as we have too often heard. only ; and shall have precedence of all other questions, except motions to fix. the What is character a.s distinguished from conduct ! Character is day to which the House shall adjourn, to adjourn, and for a recess. but the offspring or result of conda,ct. Every question affecting the Mr. SPRINGER. I desire to amend the rulejnst read by inserting, rights or the conduct of a member affects to some extent his charac­ after the words "in their representative capacity only," the words ter. I think that if the word "character" be left in we open the which I send to the Clerk's desk. door for those disreputable scenes which we have so often witnessed. The Clerk read as follow~ : A. member may rise on this floor to defend himself from an attack .And such conduct as disqualifies them from kolding any office of honor, trust, made by a newspaper in his district, charging him with some offense or profit under the Government of the United States. . committed twenty years before. He may allege that this affects his Mr. SPRINGER. If a member of this House has been guilty of any character as a Representative, because if guilty of the offense charged conduct which disqualifies him under the laws o.f the United States as having been committed twenty years ago he ought not to be here from holding any office of honor~ profit, or trust under the Govern­ among respectable men. The amendment I have offered will narrow ment of the United States, that ought certainly to be such a question the ground for " personal explanations." of privilege as will entitle this House to act upon it at any time. Mr. REAGAN. It will be seen that tke word "character" is quali­ That is the object of my amendment. fied by the succeeding words, "in their representative capacity." Mr. GARFIELD. The gentleman will see how exceedingly unwise Mr. HARRIS, of Vir~inia. I say that a ma.n's character in his rep­ it would be to introduce an element of that sort into our rules, un­ resentative capacity arises only from his conduct, his acts. These are less it shall say that the party had been convicted of the crime and the questions for investigation. His actions constitute his character. sentenced to the disqualification. If the gentleman shall put it in When you strike out the word ''character" questions affecting a the way he now does, any man might say: "I judge such a person member's conduct will embrace all that properly should be included ought to be disqualified, and ! ,therefore make the point upon him." without leaving open a wide door for the introduction upon this :floor The gentleman certainly could not expect that this Honse will be­ of all kinds of newspaper assaults. come itself the judge of whether a man had committed a crime of Mr. FINLEY. What distinction does the gentleman make between that sort or not, shall turn itself into a criminal court for the trial of " conduct" and " chara-0ter ! " a man on a question of that kind. If the gentleman is going to offer Mr. FRYE. I think the gentleman from Virginia [Mr. HARrus] is an amendment of that kind at all, it ought to apply to a case where mistaken in his construction of this clause. He must take the lan­ a person has been convicted and sentenced by a proper court. guage, "rights, character, and conduct," as qualified by the succeed­ Mr. SPRINGER. The gentleman knows very well that all persons ing words, "in their representative capacity." The rights referred are presumed to be innocent of every offense until they have been to are the rights of a member in his representative capacity only; tried and convicted. the character referred to is the character of a member in his repre­ Mr. GARFIELD. Certainly. sentative capacity only; the conduct referred to is the conduct of a Mr. SPRINGER. Therefore they are not guilty of offenses which member in his representative capacity only. disqualify them from holding any office of ~onor, trust, or profit, Mr. HARRIS, of Virginia. I want to ask my friend a question unless they have been convicted of such offense. which I know he will answer frankly. He haa not been in the habit Mr. GARFIELD. But the amendment of the gentleman does not of answering frankly; bot I know he will do so to-day. How does a say "conviction." man obtain character in his representative capaaity except as arising Mr. SPRINGER. The law presumes every man to be innocent of from his conduct in his representative capacityf everything until he has been convicted. Mr. FRYE. There might be a very great difference. The conduct Mr. GARFIELD. The Hoose may not presume that. of a member in his representative capacity might refer to certain Mr. SPRINGER. It is not necessary that the rule should recite conduct on the floor of the House calling for censure. A question of the common law on the subject. Therulesimplyrecitesthefact that privilege might be raised on that. The character of a member I will the member is guilty; and there is a recognized means provided by not undertake to define; but it is that reputation which he might get law of determining that question. by charges affecting his character, perhaps in the way of purcha.se of Mr. CONGER. Let the amendment be read again. votes. Mr. SPRINGER. Let the clause be read as it will stand ifamended. Mr. HARRIS, of Virginia.. That would affect his conduct. There is nothing wrong in the amendment. Mr. FRYE. Or corruption or anything of that kind. The Clerk read as follows the clause as proposed to be amended Mr. HARRIS, of Virginia. That will affect his conduct. Charac­ by Mr. SPRINGER: ter is the result of conduct. Questions of privilege shall be, first, those affecting the rights of the House col­ Mr. HAWLEY. Confusion arises in discussing this, from the fact lectively, its safety, dignity, and the inte~ityof its proceedings; second, the rights, that the word " character" ought not to be there at all for another character, and conduct of members individually in their representative capacity only; and such conduct as disqualifies them from holding any office of honor, trust, reason. It is not character that is meant, it is reputation. Nobody or profit under the G<>vernment of the United St.ates; and shall have precedence outside, by anything he can say or do, can affect my character. I of all other questions, except motions to fix the day to which the House shall ad- make my character, but mischievous men may make me a bad reputa­ • journ, to adjourn, and for a recess. tion on a good character. It is reputation that ought to be there. If Mr. HARRIS, of Virginia. I concede the correctness of the criti­ you do anythino-, I move to strike out'' character," and insert "rep­ cism of my friend from Ohio, [Mr. GARFIELD.] But assuming that 'Hiation." 'I wo;ld still strike them both oat, but I will wait to see a member should forfeit his seat on this :floor by reason of any crime whether t he word" character" is to go out or not. 608 CONGRESSIONAL RECORD-HOUSE. J.ANU.ARY 29,

. T.he question recurred on the amendment of Mr. HA.ruu.s, of Vir­ Mr. Chairman, if we adopt the amendment offered by the gentle­ gmia. . man from Virginia would we not have the ninth rule of this House The committee divided; and there were-ayes 26, noes 50. directly in conflict with the provisions of the Federal Constitution So (no further count being demanded) the amendment was disa­ because that instrument declares this House has the sole power ~ greed to. the ma~terof impe~chment T Tha~ is a_ques~on of privilege, and the Mr. HARRIS, of Virginia. I offer the following amendment, to very highest question known to this deliberative body. It is hedged come in at the end of Rule IX: around with constitutional provisions. If we were to add that these The foregoing, and none other, shall be questions of privilege. 9.uestions enumerated, among which the question of impeachment Mr. Chairman, my object in offering that is the same I had in offer­ is not found, and none other, are to be considered questions of privi­ ing the preceding amendment. It will be observed by next to the lege, ~ould it. not, by proving ~noperative, put this House, by the last rule proposed here, Rule XLIV, it is provided "the rules of par­ adopt10n of this system of rules, m the awkward position of attempt­ liamentary practice comprised in Jefferson's Manual shall govern the ing to override the Constitution of the United States'? House in all cases to which they are applicable, and in which they Mr. HARRIS, of Virginia. Just at that point of my friend's re­ are not inconsistent with the standing rules and orders of the House, marks let me ask a question. I do not presume the rule undertook and joint rules of the Senate and House of Representatives. Now ~o contr

On Naval Affairs, to consist of eleven members. The Clerk read as follows: On the Post-Office and Post-Roads, to consist of eleven members. On War Claims, to consist of eleven members. On the Public Lands, to consist of eleven members. On Priva\e Land Claims, to consist of eleven members. On Indian Affairs, to consist of eleven members. On the District of Columbia, to consist of eleven members. On the Territories, to consist of eleven members. On Revision of tho Laws, to consist of eleven members. On Rail ways and Canals, to consist of eleven members. On Expenditures in the State Department, to consist of seven members. On Manufactures, to consist of eleven members. On Expenditures in the Treasury Department, to consist of seven members. On Mines and Mining, to consist of eleven members. On Expenditures in the War Department, to consist oii seven members. On Publio Buildings and Grounds, to consist of eleven members. On Expenditures in the Navy Department, to consist of seven members. On Pacilio Railroails, to consist of eleven members. On Expenditures in the Post-Offioe Department, to consist of seven members. Mr. HAWLEY. If not too late, I suggest that we strike out the On Expenditures in the Interior Department, to consist of se""en members. If On Expenditures in the Department of .Tustioe, to consist of seven members. word '' specially" in the first line. anything is ordered it is ordered. On Expenditures on Pablio Buildings, to consist of seven members. The CHAIRMAN. ls there objection to going back f On Rules, to consist of five members. Mr. BLACKBURN. I do not see the necessity for that change. On Accounts, to consist of seven members. Mr. HAWLEY. The only necessity is to get rid of superfluous words On Mileage, to consist of five members. .Also the following joint standing committees, namely: so as to make a good job of this. On the Library, to consist of three members. Mr. BLACKBURN. I desire to conciliate the gentleman from Con­ On Printing, to consist of three members. necticut as far as possible with regard to these verbal amendments, On Em·olled Bills, to consist of seven members. but I do not see the necessity for this. 2. He shall also appoint all select committees which shall be ordered by the House from time to time. The CHAIRMAN. Is there objection to going back! 3. The first-named member of each committee shall be the chairman, and, in his Mr. BLACKBURN. I object. absenoe, or being excused by the House, the next-named member, and so ont as The Clerk read as follows: often as the caae shall happen, unless the committee by a majority of their numoer On Levees and Improvements of the Mississippi River, to consist of eleven mem- eleot a chairman. . · bers. Mr. FRYE. After the word "chairman," occurring in the second Mr. GIBSON. I offer the amendment which I send to the desk. line of clause 3, there should be a semicolon instead of a comma. The Clerk read as follows: Mr. BLACKBURN. I will say to the gentleman from Maine that I In Rule X. line 24, strike out the words " Levees and," and insert after the word have an amendment which covers the point he is now making. I " river" the words ·~and its tributaries;" so that it will read: aasure the gentleman the punctuation ha-s been carefully attended to. On Improvement of the Mississippi River and its Tributaries, to consist of eleven Mr. FRYE. In this case the punctuation would make a very great members. difference to the meaning. Mr. FRYE. I suggest to the ~entleman from Louisiana that the real Mr. BLACKBURN. It would. I offer the amendment which I controversy .as to that will anse under the clause distributing the send to tbe desk. various duties to the several committees, and that the amendment The Clerk read a-s follows : be reserved and offered at that point. Then if the House sanctions Insert a semicolon after "chairman," in line 2, and strike out the comma after the amendment which the gentleman from Louisiana desires, consent the word "and" in the same line. will be given to go back and amend the title. Mr. BLACKBURN. That leaves the rule precisely as it stands Mr. GARFIELD. Let .the consent be given now to go back to to-day. amend the title of the committee if necessary. . The amendment was agreed to. The CHAIRMAN. The Chair understands the purpose of the amend­ Mr. BAYNE. I move to amend, in the fourth line of clause 3, by ment. to be to change the name of the committee. That is a matter striking out the word "their" and inserting in lieu thereof the word which would not come up under the other rule. "its;" also, by striking out the word "elect" and inserting in lieu Mr. GARFIELD. It does more than that. It changes the scope of thereof the word "elects." the committee by adding all the tributaries of the Mississippi River; Mr. BLACKBURN. I have no objection to that. and if, when we get to the substantive clause in the next rule, the Mr. RANDALL, (the Speaker.) Let us see about that a moment. view of the gentleman from Louisiana prevails, the suggestion is that Mr. GARFIELD. I do not think that is right. A committee al- his right to go back be now reserved. ways speaks in the plural, and I do not think we ou!fht to change the Mr. GIBSON. On that understanding I am willing to withdraw order and custom of years. A committee is not "it.' My friend from my amendment. . Pennsylvania [Mr. BAYNE] would reduce it to the neuter gender and The CHAIRMAN. If there be no objection, this clause with the the singular number. pending amendment will be passed with the privilege of returning to :Mr. BURROWS. You say "would reduce it." [Laughter.] it hereafter. Mr. GARFIELD. The committee. There was no objection, and it was so ordered. Mr. BAYNE. I offer this amendment in no spirit of criticism. I Mr. CHALMERS. With reference to the same committee I offer disclaim any spirit of criticism, because I know that long custom has the following amendment : sanctioned the use of the plural adjective pronoun "their" in such Rule X, line 25, strike out "eleven" and insert "thirteen;" so that it will read: a case aa this instead of the neuter pronoun "it." To consist of thirteen members. Nevertheless, I think the distinguished gentleman from Ohio [Mr. Mr. GARFIELD. Let that also be passed over. GARFIELD] is somewhat mistaken in saying that the word "com­ Mr. BLACKBURN. These two amendments are simply passed over mittee," a collective noun, denotes the plural any more than the word for consideration under Rule XI. "House" denotes plurality. The fact is that the unity which indi­ The CHAIRMAN. The Chair understands they are passed over with cates and defines a collective noun, which is to be followed by a sin­ the. agreement that if the committee in considering Rule XI should gular verb, is applicable to any body of persons which acts in a col­ determine to enlarge the scope of this commit.tee so as to make it con­ lective capacity as a committee acts. The words which are applied form to the name proposed by the gentleman from Louisiana, it may to designate a committee are always of the singular character, as return to Rule X and consider those two amendments. "that committee," "this committee," "one committee." We use the The Clerk resumed the reading of the report and read as follows: plural when we say "two committees," "these committees," " those On Education and Labor, to consist of eleven members. committees,'' and we indicate the plurality of existence by using the On the Militia., to consist of eleven members. proper words to denote plurality. On Patents, to consist of eleven members. Now, if you will examine this clause you will see the absurdity On Invalid Pensions, to consist of eleven members. of using the word "their" as applied to a committee. For instance, Mr. COFFROTH. I offer the following amendment to the clause we say this House resolves itself into a Committee of the Whole last read: House. Now what are the constituents of this House as a Committee Strike out " eleven " and insert " fifteen; " so it will read: of the Whole different from the House as a House of Representatives T On Invalid Pensions, t.o consist of fifteen members. There is not a particle of material difference. The only difference Mr. GARFIELD. If they have three clerks I think they ought to that I can imagine is the fact that the Sergeant-at-Arms takes down have fifteen members. · the American eagle, and the Speaker gives place to a chairman. All Mr. BLACKBURN. I have no objection to the amendment. the elements that constitute this House are precisely the same as Mr. BROWNE. I hope that amendment will prevail. those that constitute a Committee of the Whole; yet the word" House," The amendment was agreed to. denoting this body, in the Constitution and in the rules under consid­ The Clerk resumed the reading of the proposed rule and read as eration, is used a-s a collective noun in the singular number. follows: So far as my observation extends collective nouns have been com­ On Pensions, to consist of eleven members. ing one by one into the category in which I would place this one. It On Claims, to consist of eleven members. is according to all the analogies. It is the survival of the fittest that Mr. BRIGHT. I offer the following amendment to the clause last ·is taking place. It manifests itself in the spirit of generalization read: which is accomplishing so much in these days. And I say that the Strike out " eleven" and insert " :fifreen ; " so that it will read : word" their,'' as it is, stands out in these rules as a patent solecism. On claims, to consist of fifteen members. The proper word to be used in that connection is the word "it," Mr. BLACKBURN. I know that the Committee on Invalid Pen­ a word denoting unity. Suppose that a. committee consists of but sions and the Committee of Claims are both overworked committees. one person, as it may very well do. Would you apply the term I have no authority to speak for the Committee on Rules; but, speak­ "their" to that committee Y How will you distinguish the fact that ing only for myself, I beg to say there is no objection to this amend-, a committee consists of more than one person Y What would enable ment on my part. us to ascertain that fact Y We cannot ascertain it from the word The amendment waa agreed to. " committee" itself, but we must refer to something else, some extra.- X-39 610 CONGRESSIONAL RECORD-HOUSE. JANUARY 29, neons sources of information, to indicate to us that the committee the Constitution of the United States-" elections, returns, and quali­ consists of more than one person. fications of members." It seems to me there can be no objection to it. Now, take the word "corporation," or the word "court," or the word Mr. KEIFER. I think it is quite objectionable. If the gentleman "House," or the word "assembly;" take any word indicating a body himself will examine the matter carefully, I think he will see great that acts in a collective capacity, and the singular pronominal should inappropriateness in adding these words. The Committee on Eleo­ be used instead of the plural. I hope, for the sake of keeping our tions is not a committee to consider returns, but to consider elections. very excellent rules in the best ~rammatical shape, that my amend­ It would be a very great piece of folly, I think, to say that we had a ment will prevail. It certainly is a correct one. committee on returns and elections. 1\-Ir. BURROWS. I desire to offer an amendment to the amend­ Mr. SPRINGER. That is the language of the Constitution. ment-to strike out the worcls "by a majority of their number;" so Mr. KEIFER. The Constitution of the United States does use the that it will read: words which the gentleman proposes to insert here; but it uses them The first-named member of each committee ehall be the chairman, and, in his with reference to the power of the Senate and the House of Repre­ absence, or being excused by the Honea, the next-named member, and so on, as sentatives in the determination of these questions. We want a Com­ often as the case shall happen, unless the committee elect a chairman. mittee on Elections simply. The common acceptation of the words Of course they cannot elect a chairman except by a majority. " Committee on Elections" has been so well understood that it is en­ Mr. FRYE. Yes, they can. tirely unnecessary, and I think the gentleman on reflection will see it Mr. BLACKBURN. Allow me to call the attention of the gentle­ would be a little riuiculous, to add the words proposed by his amend­ man to the effect of his amendment. A quorum of a committee might ment. meet, and, under his amendment, a majority of that quorum, but a Mr. SPRINGER. It would be no more ridiculous than the Consti- minority of the committee, might displa.ce the chairman named by tution of the United States is ridiculous. the Speaker and elect one in bis stead. Mr. KEIFER. Oh, yes; a good deal more. Mr. BAKER. I would inquire how it happens that after an amend­ Mr. SPRINGER. The Constitution, in section 5, declares that­ ment is offered te the fourth clause and a speech made on it we can Each House shall be the judge of the elections, returns, and qualifications of its get back to the third clause f own members. The CHAIRMAN. The committee is now engaged in considering Now, if the honorable gentleman from Ohio [Mr. KEIFER] and his the third clause. colleague [Mr. GARFmLD] had been members of the constitutional Mr. WARNER. Leave in the words "by a majority." convention t.hey would have suggested to the framers, "That is a lit­ Mr. BURROWS. I will modify my amendment by adopting the tle ridiculous." suggestion of the gentleman from Ohio, [Mr.WARNER,] so that it will Mr. KEIFER. Not at all, because the clause refers to the power of read, "unless the committee by a majority elect a chairman." each House. . The amendment was agreed to. Mr. SPRINGER. They would have said, "You need not put in The question then recurred on the amendment of Mr. BA~"'E. those terms at all. The House of Representatives bas nothing to do Mr. BRIGHAM. In justification of the amendment of the gentle­ with the returns of members." I say that the term ''elections" does man from Pen~ylvania, I would call attention to the language em­ not necessarily cover all the subjects mentioned in the Constitution ployed in the second clause of Rule 23, on page 38 : of the United States. Whenever a Committee of the Whole Honse finds itself without a quorum. Mr. G~FIELD. Will the gentleman allow me to suggest that the If the singular pronoun is proper in this case, itisequallyproperin Committee of Elections has nothing in the world to do with the If returns and qualifications of members, unless there is a contest about the case now before the committee. some of the criticisIIl.8 which an election f All members about whose seats there is no contest hand have been made here are correct, the clause I have just read should their returns to the Speaker or the Clerk; their certificates are read read: at the desk; they are sworn in; and that is the end of it. When Whenever a Committee of the Whole Honse find themselves without a quorum. there is a contest about any member's election, that case goes to the The question being taken on the amendment of Mr. BAYNE, it was Committee of Elections, and then the returns are sent to that com­ not agreed to; there being-ayes 35, noes 49. mittee. The House is the judge of the whole thing. The Committee The Clerk read as follows : on Elections we may have appointed takes into consideration only 4. The chairman shall appoint the clerk of his committee, subject to their ap­ the cases of contest. proval, who shall be paid at the public expense, the House having first provided Mr. SPRINGER. The rule, aa just read, provides that- therefor. All proposed legislation shall be referred to the committees named in the pre­ RULE XI. oedlng rule, a"8 follows, namely: Subjects relating. !'OWERS AND DUTIES OF COIDilTl'EES. All proposed legislation shall be referred to the committees named in the pre­ Now, subjects relating to the elections, returns, and qualifications ceding rule, as follows, namely: Subjects relating- of members are referred to this Committee on Elections. 1. To the election of members: to the Committee on Elections. Mr. REED. Well, are not returns and qualifications subjects relat­ Mr. SPRINGER. I move to amend by striking out in the clause ing to the election of members t last read the word " election" and inserting " elections, returns, and Mr. SPRINGER. Of course they are. qualifications;" so as to read: Mr. REED. What, then, is the need of having more words about it7 [Laughter.] To the elections, returns, and qualifications of members: to the Committee on Elections. Mr. SPRINGER. I did not hear what the gentleman from Maine said. I am surprised the gentleman uses RO maR.y words. I am afraid The amendment simply uses the language employed in the Con­ this Committee on Elections is upposed to have some fearful pur­ stitution of the United States. I presume there can be no objection pose by the minority of this House in offering this amendment, and to it. Mr. GARFIELD. I hope the gentleman will not insist on this I will therefore withdraw it to relieve them of their fears. amendment. Everybody knows that the single word "elections" The Clerk read as follows: 2. To the revenue and the bonded debt of the United States: to the Committee covers the whole case. If the gentleman puts on the additional on Ways and Means; words proposed by his amendment, he would also have to add the 3. To appropriation of the revenue for the support of the G<>vernment: to the words " and Delegates," thus making an unnecessarily long and cum­ Committee on Appropriations. brous title. The present title is not misunderstood by anybody. I Mr. WHITE. I offer the following to come in at the end of the hope we shall let it remain as it is. We do not want to have painted clause last read. on the door of a committee-room a long title when a short one will The Clerk read as follows: do just as well. So also in the heading of our letter-paper a short And the general appropriation bille shall embrace nothing but I appropriations title is better. It is really an economy of wind to say elections sim­ for the ordiiiary ~enses of the dill'erent Departments of the Government and ply, instead of saying all that the gentleman proposes. interest on the public debt. .All other appropriations shall be made by bills con­ Mr. SPRINGER. The gentleman might have economized himself taining only items of appropriations relating to the subject-matter of the bill very much in that respect if he had understood this amendment be­ Mr. WIDTE. Mr. Chairman, a careful reading or careful attention fore making his speech. The amendment does not refer to the name to this amendment makes its meaning obvious. The value of a rule of the committee, but to the subjects referred to it. It proposes to of that kind in the last two years of this Congress can possibly hardly make the clause read : be estimated. It is hardly necessary for me, in view of the history To the elections, returns, and qualifications of members: to the Committee on which has recently been enacted here in reference to appropriation Elections. bills, to refer in detail to the great advantages of a rule of this kind Mr. GARFIELD. Qualifications and returns are included in the in this body. We learn by experience that many of the States of this word " elections." • country have yielded to the demand in this respect and have saved Mr. SPRINGER. Oar fathers when they made the CoL.Stitution their Legislatures from scandal and preserved economy in adminis­ did not so understand, because they used exactly the terms embraced tration by adopting a. constitutional amendment to this effect. The in my amendment. great State of Pennsylvania for years waa subject to obloquy, scandal, Mr. GARFIELD. Well, our fathers made our rules; and we have criticism, by reason of the charges of log-rolling and of incorporation lived under them nearly a hundred years and have found them com­ of special legislation in appropriation bills. At the late constitutional prehensive enough to cover every case. I confess that I thought at convention it adopted the excellent constitutional amendment which first that the amendment referred to the title of the committee, still is substantially the rule just read in your hearing. I do not consider it at all necessary. And I will add that the Secretary of the Treasury in his la.st report Mr. SPRINGER. The amendment simply uses the terms used in calls attention to this subject. I hold that report in my hand, and I - ~------:---~------,...------

1880. CONGRESSIONAL RECORD-- HOUSE. 611

find there a practical suggestion from1him in this respect. With a judiciously observed in connection with the Committee on Commerce, view to promote economy ne ventures to sug~est for the consideration I see ne reason why it should not be ol.1served in· reference to the Com­ of the respective Houses a permanent orgamzation of an appropria­ mittee on Public Buildings and Grounds, and other committees. tion committee for each House which shall have leave to sit during It has been said that the Committee on Commerce legislates; that the recess, with power to send for persons and papers, to examine it prepares its bills and reports them to the Honse for improvements expenditures, &c. not previously authorized by law; and hence it is a committee which He asks also that a rule be adopted by the respective Houses limit­ should have exceptional privileges. Now, I undertake to say that ing appropriation bills to items of appropriation and excluding legis­ every committee in this House has the same right pet· se to legislate lative provisions. This must be in a-ccord with the judgment of every and appropriate. It is legislating by the Appropriation Committee experienced legislator upon this floor, and certainly is in accord with for the several Departments to increase or diminish their force of the common sense and patriotism of the country. employes, and to increase or diminish their pay. The Committee on I thought this was the right place t.o put it in, because it specific­ Appropriations not only legislates for the Committee on Public ally and in comprehensive language defines what shall be the duty Buildings and Grounds, but it frequently tea.rs up all the work we of the Appropriation Committee. While this does not infringe upon have done in our estimates for a public building. We perhaps limit their judicial character, upon their discretionary character, yet it its cost to $500,000. The Committee on Appropriations perhaps adds excludes from their jurisdiction everything except the taking up and a million or a million and a half, or lJOSsibly three millions, to the the manipulation of the public revenues for the support of the differ­ work of the Committee on Public Buildings and Grounds. ent departments of the Government. I think this is the right place [Here the hammer fell.] to pot it in. While I should like to see it a constitutional provision, Mr. WHITE. I move to strike out the laat word. no doubt it will be a great check and protection to this Congress by The CHAIRMAN. The gentleman's five minutes have expired. making it a part of the rules of this House. Mr. MITCHELL. Mr. Chairman, I move to strike out the last Mr. RANDALL, (the Speaker.) Let the ame-.dment be again read. word, with the view of yielding my time to my colleague. The amendment was again read. The CHAffiMAN. This can only be done by unanimous consent. Mr. RANDALL, (the Speaker.) hhould preferio have the gentle­ Objection was made. man from Pennsylvania, [Mr. WmTE,] offer his amendment to the Mr. RANDALL, (the Speaker). Mr. Chairman, I desire to enter third section of Rule XXI as proposed by the Committee on Rules. my dissent to the views suggested by the majority of the committee If, however, he insists upcm inserting it here, I will now say what I in their report, that it logically follows because this House may be of desire on this subject. If he will turn to the third clause of Rule the opinion that certain fllllctions shall be given to the Committee :XXI as recommended by the committee, he will find the following: on Commerce, therefore the duties of the Committee on Appropria­ 3. No appropriation shall be reported in any general appro1,>riation bill, or be in tions should be scattered among the various other committees which order as an amendment thereto, for any expenditure not preVIously authorized by have been designated. It is due to myself to say that. law, unless in continuation of appropriations for such public works and objects as Mr. GARFIELD. And I agree with yon. are alrea.

This was done under the present system of one economical bead to strike out the last word, to the withdrawal of which objection has for all appropriations, and it is just possible that the grand aggregate been made. ,. expenditures in those years were less than in the year previous by a The pro forma amendment was not agreed to. wholesale lopping off of appropriations imperatively demanded in Mr. MULDROW. I desire to offer a substitut.e for the third clause other sections of the country or in other branches of the public serv­ ,of the pending rule. ice, the growing necessities of which could not be brought home to The CHAIRMAN. The substitute will be read, after which the the minds of the A ppropria.tions Committee in the time allotted. These Chair will determine whether it is in order or not. large expenditures have been made in the city of New York and other The proposed substitut.e was read, as follows: large cities of the country by the Committee on Appropriations, I do To appropriations for expenditures of the executive, legislative, and judicial not say unwisely, I do not say they did what they should not have department.a, for the consula,r and diplomatic service, the sundry civil service, and done, but I do say that the conclusion in my mind is irresistible that general deficiencies, to the Committee on Appropriations. had the Committee on Public Buildings and Grounds been required The CHAIRMAN. That amendment is in order. by the rules to report such appropriations, and the Committee on Ap­ Mr. MULDROW. I desire to state that, if that amendment shall propriations had been directed by the House to report the relative be adopted, it will be followed by proper amendments which will give merit and amount of other appropriations carefully matured by other to the Committee on Military Affairs, the Committee on Naval Af­ committees, the resultin~ action of the House in Committee of the fairs, the Committee on ~~oreign Affairs, the Committee on Indian Whole must have been m the interest of equality and economy of Affairs, th~ Committee on the Post-Office and Post-Roads, the Com­ expenditure. mittee on Commerce, the Committee on Invalid Pensions, the Com­ I say the same principle applies to the Army. If the Committee mittee on Public Buildings and Grounds, the Committee on Patents, on Military Affairs decides that the estimates of the Secretary of War the Committee on Agriculture, and also the Committee on Missis­ for the support of the Army on account of recent reorganization or sippi Levees the preparation of appropriation bills for their respect­ otherwise are largely in excess of what is required for that purpose, ive departments, and also the control and advocacy of the different why should the Committee on Appropriations make a report in excess appropriation bills to be brought before the House by those commit- of the real wants of the Army, based on the estimates simply, with­ te~ . out consulting the Committee on Military Affairs. Mr. BLACKBURN. Mr. Chairman, I had hoped, after three weeks Mr. BLOUNT. I would like to ask the gentleman a question. had been consumed in discussing the report submitted by the Com­ Mr. SHALLENBERGER. If my time is extended I would be happy mittee on Rules, and not one hour of that three weeks devoted to to hear the gentleman's question and to answer it. anything except the wrangle between the several committees of this Mr. BLOUNT. If what the gentleman says is true, which I do not House for power1 that when we came to consider this report under admit, and if the Committee on Appropriations exceed the limit fixed the operation of the five-minute rule we might have been relieved by law for the completion of public buildings, is it not competent for from a continuation of that discussion. that gentleman or any member of his committee to have that struck I take it that anything that any gentleman can now say as to the out on a point of orderf merits of the proposition to leave the power of the Committee on Mr. SHALLENBERGER. We have a great many privileges on Appropriations in the hands of that committee, or to divide it among this :floor, but they are not of much value in the absence of intelligent the several committees of this House, will not have the slightest effect preinvestigation when the Committee on Appropriations at the heel or the lea-st influence upon the vote of any member upon this floor. · of a session bring in half a dozen bills which we dare not consider and I do not stand here as the advocate or champion of the Committee amend lest we defeat the bills. on Appropriations. It is by accident a.lone that I am the only mem­ [Here the hammer fell.] ber of that committee who happens to be a member of the Commit­ Mr. RANDALL, (the Speaker.) This is a new character of com­ tee on Rules. I do not care for, nor have I aught of concern in, the plaint. By inference, at least, the gentleman from Pennsylvania decision of the issue. Bat I had hoped that gentlemen would not seems to charge the Committee on Appropriations with extravagance. have been premature in pressing their amendments to this third clause We have generally heard in this House the committee attacked be­ of Rule XI, instead of waiting to present them, where they naturally cause of their economical views. belong, as the clauses relating to these different committees shall As regards the particular matter to which the gentleman has al­ be reached in their order. luded : the Committee on Public Buildings and Grounds always pro­ I have but this to say: I have grave doubts in my mind whether vide by law for the erection of public buildings, and they usually the best interests of the country would be subserved or not by keep­ make a limitation as to the amount of cost; then the Committee on ing the general appropriation legislation of Congress in the hands of Appropriations say each year how much money shall be appropri­ the Committee on Appropriations. I very much fear, however, that ated for that purpose during that ·year. As has been stated by the if you divide the duties of that committee and give to each of the gentleman from Georgia, [Mr. BLOUNT,] the Committee on Appro­ committees indicated by the gentleman from Mississippi [Mr. MUL­ priations cannot increase the amount and thus change the original DOOW] absolute and unrestricted charge and custody of the respect­ law relating thereto except by unanimous consent of the House, for ive appropriation bills, we will find our budget very much swolJen. a single oojection would prevent such action being taken on an ap­ However, with that I am not concerned. I do not care whether the propriation bill. If therefore the cost of a public building is to be power of the Committee on Appropriations be left intact or not. I increased the proposition must originate with the Committee on Pub­ do not care whether th~se different committees be given the absolute lic Buildings and Grounds. custody and control of these respective appropriation bills or not. Mr. CONGER. Or by amendment of the Senate. But this I do mean to say: the Committee on Appropriations is not Mr. RANDALL, (the Speaker.) I am speaking of legislation in this liable to the criticisms which have been pronounced upon it. It is House. Of cotll'Se I cannot speak of what they do in the Senate. I the only committee of this House that at the conclusion of each would transgress the rules if I did. session of Congress finds its table cleared of work, and all the service My wish is to show to the gentleman from Pennsylvania [Mr. SHAL­ done which has been imposed upon it by the House. I call upon the LEN"BERGER] who submits this amendment and makes this complaint chairman of any one of the committees of the Forty-fifth Congress in reference to the Committee on Appropriations that there is no to which it is now proposed to send these general appropriation bills, valid ground for his stat.ement in that particular. to rise in his place and say, if he can, that when that Congress ended Mr. WHITE. I move to strike out the last word. its session the work sen~ to that committee by o•der of this House · The CHAIRMAN. That amendment is already pending, and debate had been completed and its labors :finished. The Committee on Appro­ has been exhausted upon it. priations stands alone, of all the committees of this House which Mr. WHITE. I do not wish to debate; I want to understand the ever has any work to do, in completing and :finishing that work at proposition. each and every session of Congress. The CHAffiMAN. The gentleman from Pennsylvania [Mr. SHAL­ But I will say this: however it may be, if it shall prove to be the LEN"BERGER] moved an amendment upon which debate was exhausted. pleasure of this House to divide this work, and to distribute these Thereupon he moyed to strike out the last word of his own amend­ several appropriation bills to the different committees named, then ment, and debate upon that has been exhausted. this must address itself to the consideration of this House, to be de­ Mr. SHALLENBERGER. I will withdraw the pro f01-nia amend­ termined as a question of prudence in legislation: whether it had not ment. better put some limitation, some revisory power, some drag to · be Objeotion was made by several members. applied somewhere, in order to check the natural and inevitable The CHAIRMAN. Objection being made, the pro fo-1·rtta amend­ tendency to extravagance and exorbitant disbursements of the public ment cannot be withdrawn. money. Mr. WHITE. I only want to understand if the gentleman from It will not do for gentlemen to tell us, as my friend from Texas Pennsylvania [Mr. SHALLE1''"BERGER] by his amendment, which is a [Mr. REAGAN] told us the other day, that it would never be permitted comprehensive one, means that the different committees of this House, for one committee of this House to be· made simply the clerk or the Committee on Commerce, the Committee on Military Affairs, the amanuensis for another. If that objection be valid, if there be ground Committee on Public Buildings and Grounds, &c., are to originate or warrant for its presentation, then the House of Representatives is the appropriation bills for the several departments to which their re­ nothing but a clerk to the Senate. While holding absolute power to spective committees relate, report them to this Honse, and then have originate all bills for raising revenue, and by practice holding abso­ them immediately taken charge of by the Committee on Appropria­ lute power in the matter of bills of general appropriation, we are by tions for such action as that committee may see fit. Is that the prop­ parity of reason nothing but a clerk to the Senate, to whom we sub­ osition before this House! mit our bills after we have drafted them, for revision or amendment. The CHAIRMAN. The question is on the pro forwia amendment [Here the hammer fell.] 1880. CONGRESSIONAL RECORD-HOUSE. 613

Mr. MULDROW. I move to amend by striking out the last word possible, by the Speaker to the several committees, under the direc­ of the substitute. tion of the rules of the House. . Mr. BLACKBURN. I rise to a parliamentary inquiry. Is it per­ In the next plaoo, it is one of power. This House should have rec­ missible for a gentleman to move to strike out the laa:t word of an ognized the fact, it seems to me, that no one committee should be amendment or a substitute which he himself has offered, in order to clothed with more power than is found necessary to encompass the prolong the debate f public interest. I make no complaint against the action of the Com­ The CHAIRMAN. Of course he can move to do so; but it is simply mittee on Appropriations. They have done well, we all confess, but a modification of his own amendment, which he has a. right to make; still that is no argument that these other committees, to whom this and it is not debatable. work is assign~d, may not also do well. If then, these other com­ Mr. BLACKBURN. Then, as the time has been fairly divided, I mittees, which have special charge of these special matters, have must object to debate by the gentleman on that modification. as I con~eive they have, the po~er. to un

Mr. BLACKBURN. Will the gentleman let me ask him a ques­ rules with regard to this one question if it was to affect their passage tion 'I generally; but I maintain that the power can be more safely placed Mr. GARFIELD. Yes, sir. in theCommittee of the Whole House where all may have opportunity Mr. BLACKBURN. In order that the Rous~ may arrive at a proper for debate and where there iR no chairman of a Committee on Apl?ro­ understanding of this matter, which has been discassed at length in priations either to move that the committee rise or in the House to the light of the long experience the gentleman himself has had serv­ call the previous question. The question of the appropriations to be ing upon and at the head of that Committee on Appropriations, let made to the different branches of the Government is one that legiti­ me ask whether or not it is not the fact that the great bulk of the mately belongs to the Committee of the Whole House. It does not work that devolves upon that committee in the matter of the dis­ belong to any committee selected by the Speaker. bursements of the revenue of this Government is not a matter of dis­ I am in favor of not robbing the Committee on Appropriations of cretion with the committee at all, but that four-fifths of it, if not any power that naturally belongs to them; but the fault I find is that .more, is made in absolute obedience to the law and without discretion they should be the big sponge that is to absorb all subjects connected on the part of that committee at all 'I with the different branches of this Government. There is no princi­ Mr. GARFIELD. Yes; considerably more than four-fifths fixed by ple of national policy in it. It is against the idea of parliamentary law. , law. I do not want to infringe upon a single right that belongs to Mr. COOK. Then why could not any other committee do it if the the Committee on Appropriations, but at the same time I do not want committee is hound by the law 'I to load them down with the whole legislation of this House upon the Mr. BLACKBURN. The gentleman from Georgia does not rise subject of appropriations. from his seat to su(J'gest an interruption. [Here the hammer fell.] Mr. COOK. Well, I rise now to ask the gentleman, is not every Mr. BROWNE rose. other committee as much bound by the law as the Committee on Ap­ The CHAIRMAN. Debate on the amendment is exhausted. propriations T Mr. BROWNE. I desire to make a privileged motion. I move that The CHAIBMAN. The time of the gentleman from Ohio has ex- the committee rise. pired. Mr. BLACKBURN. I hope the committee will not rise until a vote Mr. SPEER. I wish to move an amendment to the amendment. is had on this amendment. . The CHAIRMAN. At this time no further amendment is in order. The CHAIRMAN. The motion is not debatable. · Mr. BLACKBURN. Amendments to the amendments are now pend­ The question being taken on the motion of Mr. BROWNE, there ing, and parliamentary law doos not admit of further amendment. were-ayes 82, noes 71. The CHAIRMAN. The gentleman from Pennsylvania has offered Mr. BLACKBURN. I call for tellers. an amendment to the original clause, and the gentleman from Missis­ Tellers were ordf'Jred ; 32 members voting therefor, being more than sippi has offered a substitute for the original clause, and there is now one-fifth of a quorum. pending an amendment to each one of those amendments. That is The CHAIRMAN. The Chair. appoints the gentleman from Ken­ as far as can be gone under the rules of the House. Until these tucky, Mr. BLACKBURN, and the gentleman from Indiana, Mr. BROWNE, amendments to the amendments are disposed of in some way no other to a-0t as tellers. amendment is in order. The committee again divided; and the tellers reported ayes 92. Mr. SPRINGER. I aBk for the reading of the pending amend­ Mr. BLACKBURN. I do not call for further count. ments. So the motion was agreed to. The amendments were read. The committee accordingly rose; and the Speaker having resumed Mr. CALKINS. I ask whether there is not pending an amendment the chair, Mr. CARLISLE reported that the Committee of the Whole to strike out the last word T on the state of the Union had had under consideration the report of The CHAIRMAN. It is pending. • the Committee on Rules, and had come to no resolution thereon. Mr. CALKINS. I desire to be recognized on that amendment. UNITED STATES COURTS IN omo. The CHAIRMAN. The Chair has recognized the gentleman from Mr. CONVERSE. I rise to present a privileged report, a report of Pennsylvania [Mr. WRIGHT] who is now on the floor. a committee of conference. Mr. GARFIELD. I am willing to withdraw the amendment strik­ The SPEAKER. The report will be read. ing out the last word. The Clerk read as follows : Yr. TOWNSHEND, of illinois. I object, as the ~entleman from The managers on the part of the House and of the Senate appointed to confer on Pennsylvania is on the floor, and we desire to hear him. the disagreeing votes of the two Houses on the amendments of the Senate to the Mr. HARRIS, of Virginia. Let me ask a parliamentary question. bill of the House (No. 582) to provide for circuit and district courts of the United The CHAIRMAN. The gentleman will state it. States at Columbus, Ohio, and transferring certain counties from the northern to Mr. HARRIS, of Virginia. If these amendments be adopted, will ~~~n~::~ district, in sa.id State, after a full and free conference, do recommend they have the effect of passing over the present appropriation bills, That the House recede from its disagreement to the amendments of the Senate now completed or nearly completed, to the new committees to which to said bill, and do concur in the same. GEORGE L. CONVERSE, they bave been assigned, and are they to go over the whole work de D. B. CULBERSON. n-0vo, and thus keep us here three or four months longer 41 BENJAMIN BUTTERWORTH, The CHAIRMAN. That is not a parliamentary question. Managers on the part of th,e House. Mr. HARRIS, of Virginia. If it is not a parliamentary question A.G. THURMAN, A.H. GARLAND, that will be the effect of the adoption of these amendments to the MA.TT H. CARPENTER, rules as reported by the Committee on Rules. Managers on the part of the Senate. Mr. WRIGH':t The gentleman from Ohio, Mr. Chairman, said well Mr. CONVERSE. This is the unanimous report of the committee. when he remarked to this House that the Committee on Appropri­ The SPEAKER. The question is on agreeing to the report. • ations was a committee of immense moment, that stupendous mat­ Mr. GARFIELD. I do not agree to t.hat report, and call for a vote ters were submitted to it for it.a consideration. Then confine it, with upon it. I move to lay the report on the table. this qualification with regard to its powers, to the legitimate business The SPEAKER. That is not in order. which would naturally under the rules come before it. Why make Mr. GARFIELD. Then I call for the yea.a and nays on the ques­ it a monopoly t tion of agreeing to the report of the committee. I concede, as that committee is now composed, it is made up of men The SPEAKER. The gentleman has the right to call for the yeas of character, of standing, and intelligence. Cannot the same thing be and nays. said with regard to other committees, which have under control many Mr. KEIFER. Pending the demand for the yeas and nays I move matters connect~d with the Government, which do not now have the that the House do now adjourn. power to make aJ+propriations ! Those other committees, if this rec­ ommendation of the Committee on Rules be carried out, will be merely WITHDRAWAL OF PAPERS. clerks to the Committee on Appropriations, merely sub-committees to The SPEAKER. The Chair lays before the House the folloWing examine subject-matters referred to them. When they spend their requests for leave to withdraw papers from the files of the House: time on those subjects to whom do they report T In fact. they report Of Mr. EVINS, for leave to withdraw papers in the case of C. L. not to the Honse, but to the Committee on Appropriations. There is Keller, there being no adverse report thereon; and no reason for this. If it were the case that there were but thirteen Of Mr. CALDWELL, for leave to withdraw papers in the cases of gentlemen who had the qualification to say what amount of money Messrs. Allard & Crozier, of Paducah, Kentucky, and of W. H. Slack, should be appropriated for this branch of the service and what for of Paducah, Kentucky, there being no adverse report thereon. another, if they had the only intellect in this House for that purpose, These requests will be referred to the Committee of Claims, which there might be some reason for the adoption of such a rule. But, sir, has charge of the cases to which they relate; and hereafter the Chair such is not the fact. will refer all such requests, whether the cases have been reported I maintain that the standing committees who have charge of the upon adversely or not, to the committees having charge of the sub­ appropriation of the moneys to the Army, the NayY, and the Post­ jects to whfoh they relate. Office Department ought to have those measures come before the Com­ LEAVES OF ABSENCE. mittee of the Whole House upon their recommendation, and that their . By unanimous consent, leave of absence was granted as follows: recommendation should not be in effect made to the Committee on l.'o Mr. Hm1PHREY,indefinitely,on account of sickness in.his family; Appropriations. . · To Mr. KILLINGER, for one week; I said the oilher day, when I had the :floor and was making some re­ To Mr. HUBBELL, until Thursday next, on account of important marks on this subject, I would not vote against the adoption of these business; 1880. CONGRESSIONAL RECORD-HOUSE. 615

To :Mr. URNER, for two days, on a-0connt of important business; and goods seized and damages for imprisonment by the United States To Mr. WARNER, for four days, on account of important business. authorities at Naahville, Tennessee, in 1863-to the same committee. The motion of Mr. KEIFER was then agreed to; and accordingly (at By Mr. HULL : Memorial of the Board of Trade of Fernandina, four o'clock and thirty minutes p. m.) the House adjourned. Florida, in relation to the improvement of Fernandina Bar-to the Committee on Commerce. Also, the petition of citizens of Columbia County, Florida, for pro­ PETITIONS, ETC. tection from the oppressions of railroad monopolies-to the Commit­ The following memorials, petition&, and other papers were laid on tee on Railways and Canals. the Clerk's desk, under the rule, and referred as follows, viz : Also, the petition of citizens of Columbia County, Florida, for the By the SPEAKER: The petition of seamen, masters, and vessel­ amendment of the patent laws so as to protect innocent purchasers owners of Philadelphia, Pennsylvania, for the repeal of the shipping of patented articles-to the Committee on Patents. act of JunQ 7, 1872-to the Committee on Commerce. By Mr. KEIFER: The petition of Rev. B. F. Lee, president of By :Mr. AINSLIE: The petition of citizelli! of Lewiston, Idaho Ter­ Wilberforce University, and others of its offieers, that said univer­ ritory, for an appropriation for the improvement of Clearwater sity shall be given an equitable share of the unclaimed soldiers' River-to the same committee. bounty, belonging to colored soldiers and sailors, proposed by a pend­ By Mr. BAILEY: The petition of Captain H. E. Burke, of Ulster ing bill to be distributed to institutions of learning for colored per­ County, New York, and 30 others, captains, pilots, and engineers, for sons-to the Committee on Education and Labor. a reduction of the license fees of captains, pilots, and engineers-to Also, the petition of Churchill Robinson and 47 others, citizens of ' the same committee. Frankfort, Kentucky, of similar import-to the same committee. By Mr. BOYD: The petitions of Francis M. Nance and others, and By Mr. KNOTT : The petition of William L. Riley, for pay for work of W. C. McElrea and others, citizens of Illinois, for the passage of a done on the public grounds in Washington, District of Colurubia­ law to pay soldiers of the late war the difference between the depre­ to the Committee on Public Buildings and Grounds. ciated currency in which they wen~ paid and coin-to the Commit­ By Mr. LAPHAM: The petitions of George M. Brown and others, tee on Military Affairs. and of William G. Lord and others, for legislation givllig relief to claim­ By Mr. CLAFLIN : The petition of Thomas Mcintire and others, ants under the Geneva award-to the Committee on the Judiciary. for increa,ge of pensions-to the Committee on Invalid Pensions. By Mr. LORING: The petition of Franklin County (Massachu­ By Mr. COVERT: The petition of Hubbard Corwin and others, setts) Agricultural Society, for legislation to prevent the spread and citizens of New York, for the erection of a bell-buoy on Rockaway to era-dicate the disease among cattle, known as pleuro-pneumonia-­ Shoals, at the mouth. of Rockaway Inlet, on the south shore of Long to the Committee on Agriculture. Island-to the Committee on Commerce. By Mr. EDWARD L. MARTIN: The petition of T. P. Rodney and Also, the petitions of Jeremiah Ludlow and others, and of William others, citizens of Delaware, for the improvement of that part of Nait­ R. Post and others, citizens of Suffolk County, New York, for legisla­ ticoke River known as Deep Creek-to the Committee on Commerce. tion giving relief to claimants under the Geneva award-to the Com­ Also, the petition of Columbus Watkins and 134 others, citizens of mittee on the Judiciary. Delaware, for the improvement of the Appoquimmink River-to the By Mr. DUNNELL : The petition of Robert Hutton and 30 others, same committee. citizens of Minnesota, for the amendment of the patent laws-to the By Mr. McKINLEY: The petition of P. D. Snively and 42 others, cit­ Committee on Patents. izens of Stark County, Ohio, for the passage of a law to protect ship­ Also, the petition of Robert Hutton and 30 others, citizens of Min­ pers from unjust discriminations and fluctuations in freights-to the nesota, for the passage of the interstate-commerce bill-to the Com­ same committee. mittee on Commerce. Also, the petition of John Henninger and 45 others, citizens of Stark By Mr. FORSYTHE: The petition of soldiers, citizens of Clark County, Ohio, to amend the patent laws so as to protecli innocent pur­ County, Illinois, for the passage of the bill equalizing bounties-to chasers and users of patented articles-to the Committee on Patents. the Committee on Military Affairs. / By Mr. MORSE: The petition of John Wetzel and others, ordnance­ Also, the petition of citizens of Crawford County, Illinois, for the sergeants United States Army, for increase of pay for assimilated pa.ssage of a law to protect the innoce11t purcha.aers of patented arti­ rank-to the Committee on Military Affairs. cles-to the Committee on Patents. By Mr. O'CONNOR: The petition of citizens gf Charleston, South · Also, the petition of soldiers, citiz·ens of Cumberland County, Illi­ Carolina, for a survey of the Santee Canal in South Carolina and for nois, against the passage of Senate bill No. 496-to the Committee on an appropriation to open the same-to the Committee on Commerce. Invalid Pensions. By Mr. O'NEILL: A communication of Commander G. B. White, Also, the petition of citizens of Crawford County, Illinois, for the United States Navy, to Mr. Henry Winsor, chairman of the commit­ passage of a law regulating interstate commerce-to the Committee tee on foreign and coastwise commerce of the Philadelphia Board of on Commerce. Trade, concernin~ the.right of way of vessels navigating the inland Also, the petition of Henry H. Wright and 127 others, citizens of waters of the United States-to the same committee. Effingham County, Illinois, for the passage of a law pla-0ing soldiers By Mr. OVERTO,ti\: Protest of the Vessel-Owners' Association of of the late war on an equal footing with bondholders in the matter Philadelphia, against any change in tlle navigation laws-to \he same of their pay-to the Committee on Military Affairs. committee. By Mr. GILLETTE: The petition of W. L. Wilkin and 15 other Also, the petition of Captain B. B. Mitchell and 49 other soldiers, ex-soldiers of the late war, of similar import-to the same committee. of Bradford County, Pennsylvania, for the passage of the bill equal­ By Mr. HASKELL: The petition of citizens of Urbana, Kansas, for izing bounties-to the Committee on Military Affairs. the passage of the Weaver soldier bill-to the same committee. By Mr. POEHLER: The petition of C. F. Ireland and 56 others, Also, papers relating to the pension claim of Dennis Smith-to the citizens of Swift County, l\.finnesota, for the passage of a law fixing Committee on Invalid Pensions. the price of land at $2.50 per acre as the maximum price to be charged By Mr. HENKLE: Papers relating to the claim of Mrs. Rachael by railway companies who have forfeited their land grants, making Weems, widow of John Weems, deceased, for additional compeBBa­ it a condition-precedent to their being reinstated in possession of the tion fo:r services rendered by her husband in raising cannon, &c., same-to the Committee on Public Lands. from Barney's sunken flotilla-to the Committee of Claims. Also, the petitions of P. J. Sarton and 17 others, citizens of Wa­ · Also, the petition of James T. Blalristone, for pay for services as a basha County ; of M. E. Billings and 19 others, citizens of Goodhue messenger in the Forty-fifth Congress-to the same committee. County ; and of Richard Kendall and 27 others, citizens of Le Seuer By Mr. HILL: The petitions of E. E. Pocock-and others, a.Bd of W. County, Minnesota, for the passage of a law to regulate interstafte N. Snook and others, of Paulding County, Ohio, that Congress pro­ commerce-to the Committee on Commerce. vide water communication between the Ohio River and the northern Also, the petitions of J. 0. Strandnass and 17 others, of Goodhue lakes-to the Committee on Railways and Canals. County ; of Richard Kendall and 27 others, of Le Sener County ; and Also, the petition of Horace Hill, Henry Shufelt, and 100 other cit­ of F. W. Shaw and 17 others, of Wabasha County, citizens of Minne­ izens of Fulton County, Ohio, for the passage of the bill equalizing sota, for a law to protect innocent purchasers of patented articles­ bounties-to the Committee on Military Affairs. to the £ommittee on Patent.a. By Mr. HORR: The petition of citizens of Michigan, forthe amend­ By :&'tr. REAGAN: The petition of masters and owners of vessels • ment of the patent laws so as to protect innocent purchasers of pat­ engaged in the coasting trade, for the passage of a la.w to prohibit ented articles-to the Committee on Patents. the involuntary employment and payment of pilots on East River Also, tbe petition of citizens of Michigan, for the erection of a light­ and Hell Gate, New York-to the Committee on Commerce. house at Little Traverse, MichigaR-to the Committee on Commerce. By Mr. THOMAS RYAN: Four petitions of Kansas soldiers, again.st By Mr. HOUK: The potition of John Hedgecoth, for a pension-to the passage of Senate bill No. 496, known aa the sixty-surgeons bill­ the Committee on Invalid Pensions. to the Committee on Invalid Pensions. Also, the petition of Hiram K. Hedgecoth, of similar import-to the Also, the petition of Kansas soldiers, for the passage of the Weaver same committ-ee. soldier bill-to the Committee on Military Affairs. Also, the petition of Jesse Ferguson, for arrears of pension-to the Also, the petition of citizens of Wabaunsee County, Kansas, for same committee. relief from the oppression of transportation monopolies-to the Com­ By Mr. HOUSE: Papers relating to the claim of Mrs. Clara Ida mittee on Commerce. Grass for pay for property taken and destroyed by the United States Also, the petition of citizens of Kansas, for pay for losses sustained Army during the late war-to the Committee on War Claims. on account of the raid of CheyenRe Indians in 1878-te the Committee Alse, papers 1·elating to the claim of J. Bloomstein for_pay for on Indian Affairs. 616 CONGRESSIONAL RECORD-HOUSE. JANUARY 30,

Also, a paper relating to the claim of 0. D. Lemert for additional Mr. WHITE. We must stop at some point, or we shall be incom­ pay as an officer in the United States Army-to the Committee on moded by the number admitted to the :floor. Military .Affairs. Mr. WILSON. Do not stop it on me, when every one else has had By Mr. SLEMONS: Memorial of the National Cotton Exchange, requests for such courtesies granted. asking for an amendment of the census law-to the Committee on The SPEAKER. Is there objection to the request of the gentle­ the Census. man from West Virginia, [Mr. WILSON T] By Mr. SPARKS: The petition of R. G. Ardrey, to be reimbursed There being no objection, the request was granted. the amount of postage-stamps stolen from the post-office at Oakdale, UNITED STATES COURTS IN omo. Illinois, while he was postmaster-to the Committee on the Post­ Office and Post-Roads. Mr. CONVERSE. I notice by the RECORD of this morning that in By Mr. SPRINGER: The petition of citizens of Concord, Illinois, relation to the report of the committee of conference ou the bill of for the passage of a law equalizing bounties-to the Committee on the House No. 582, to provide for circuit and district courts of the Milita Affairs. United States at Columbus, Ohio, &c., it is stated that upon the read­ By~. URNER: The petition of William Staubs and others, for the ing of the report Mr. GARFIELD demanded the yeas and nays. passage of the Weaver soldier bill-to the same committee. That is not according to my recollection. My recollection is that By Mr. WARNER: The petition of J. R. Randall, that Dr. C. P. the vote was taken upon agreeing to the report, and the Chair de­ Culver be paid for valuable services rendered the Committee on clared that the report was agreed to, and thereupon a motion was Coinage, Weights, and Measures in the Forty-fifth Congress-to the made to reconsider that vote and to lay the mo~on to reconsider on Committee of Claims. the table; and while the Chair was putting that question, Mr. GAR­ Also, the petition of Josephus Cox and 18 others, citizens of Ohio, FIELD called for the yeas and nays to the report. against the paBSage of Senate bill No. 496-to the Committee on In­ The SPEAKER. That is correct, but the Chair never takes advan­ valid Pensions. tage of any member in any respect in regard to such matters. The By Mr. WASHBURN: The petition of Griggs, Johnson & Foster gentleman from Ohio [Mr. GARFIELD] claimed the right to have the and 100 other citizens, of Duluth, Minnesota, that Congress aid the question taken on ordering the yeas and nays upon agreeing to the construction of a railroad from the Falls of the Sault Ste. Marie to report, notwithstanding the viva voce vote that had been taken. The somo point on the Marquette and Mackinaw Railroad, near Manis­ Chair would state in addition that the call for the yeas and nays was tique Lake, by a grant of sixteen sections per mile in the counties of in the nature of a further count upon agreeing to the report. If the Chippewa and Schoolcraft, Michigan, for a distance not exceeding Chair did not allow that to be done, he might arbitrarily decide that seventy-five miles-to the Committee on Railways and Oanals. a bill had passed when some member was on the :floor demanding the By Mr. CHARLES G. WILLIAMS: The petition of John Kimball yeas and nays upon it: It has been the uniform practice of the Chair and others, citizens of Rock County,Wisconsin, for a law to alleviate in all instances never to deny the right of a member to call for the oppressions imposed by transportation monopolies-to the Commit­ yeas and nays under such circu~tances. The Chair would state also tee on Commerce. that the conference report will come up immediately this morning Also, the petition of 105 citizens of Rock County, Wisconsin, for after such matters as can be disposed of by unanimous consent shall the amendment of the patent laws so as to protect innocent pur­ have been disposed of. chasers of patented articles and to make manufacturers and vendors ERIE AND WABASH SHIP-CANAL. alone responsible for infringements-to the Committee on Patents. Mr. ORTH, by unanimous consent: submitted the following resolu­ By Mr. WILLITS: The petitions of R. W. Freeman and 24 othere, tion; which was referred to the Committee on Rail ways and Canals: citizens of Hillsdale County; of B. W. Herring and 82 others, citizens Resolved, That the Committee on Railways and Canals are hereby instructed to of Litchfield; and of Frank Ward and 32 others, citizens of Washte­ inquire into the expediency of providing for a public survey for the pn~ose of a.s­ naw County, Michigan, of similar import-to the same committee. certaining the practicability of constructing a ship-canal from Toledo, Ohio, by way of the Wabash and Erie Canfil, 1;o the navigable waters of the Wabash River at or Also, the petitions of R. W. Freeman and 24 others, citizens of Hills­ near La. Fayette, Indiana, with leave to report by bill or otherwise. dale County; of B. W. Herring and 66 others, citizens of Litchfield; of Frank H. Ward and 24 others, citizens of Washtenaw County; and INTERNATIONAL SHEEP AND WOOL SHOW. of Henry A. Carr and 15 others, citizens of Washtenaw County, Mich- . Mr. SHALLENBERGER, by unanimous consent, introduced a bill igan, for le~islation regulating transportation companies-to the Com­ (H. R. No. 3982) to authorize and direct the Commissioner of Agricult­ mittee on t;ommerce. ure to attend in person or by deputies· the international sheep and By Mr. WISE: The petition of 1,005 citizens of Pennsylvania, for wool show, to be held in the Centennial building, Fairmount Park, an appropriation of $150,000 to improve the Youghiogheny River with Philadelphia, September, A. D. 1880, and to make full and complete locks and dams-to the same committee. report of the same, and for other purposes; which was read a first · By Mr. WRIGHT: The petjtions of John Ha.idle and 123 others, of and second time, referred to the Committee on Agriculture, and or­ Bath, Pennsylvania, for the passage of the bill (H. R. No. 269) known dered to b_e printed. as the Wright supplement to the homestead act-to the CommitMe ll\IPROVEMENT OF ALLEGHENY RIVER. on Public Lands. Mr. WHITE, by unanimous consent, submitted the report of Gen­ Also, the petition of J. L. Schmahl and 40 others, citizens of Blan­ eral H. D. Wright, Chief United States Engineers, upon the expendi­ don, Berka County, Pennsylvania, of similar import-to the same ture of the appropriation for the improvement of the Allegheny committee. River; which was referred to the Committee on Commerce, and ordered to be printed. DEATH OF HON. RUSH CLARK. HOUSE OF REPRESENTATIVES. Mr. PRICE. I ask unanimous consent that the hour fixed for the delivering of eulogies upon my late colleague from Iowa, Hon. RUSH FRIDAY, January 30, 1880. CLARK, be changed from two o'clock to-morrow until immediately The House met at twelve o'clock m. Prayer by the Chaplain, Rev. after the morning hour to-morrow. W. P. HARRISON, D. D. There was no objection, and it was so ordered. The Journal of yesterday was read. PERSONAL EXPLANATION. Mr. WILSON. In relation to the report made by my colleague on Mr. ACKLEN. I rise to a question of privilege. the Committee on Foreign Affairs [Mr. MoRTO:N] upon the subject The SPEAKER. The gentleman will state it. of international fisheries, I desire to state that upon submitting that Mr. ACKLEN. I dislike to occupy the valuable time of this House report yesterday he gave notice that on Tuesday next he would move in a matter of personal interest, but my attenti9n has been called to to go into Committee of the Whole for the purpose of considering that an· article in the New York Herald and also in the Detroit Post and subject. If allowable, I desire to have the Journal corrected by an Tribune- entry to that effect. The SPEAKER. Do those articles affect the gentleman in his rep- The SPEAKER. The statement to which the gentleman refers was resentative capacity T in the nature of debate and appears in the RECORD. It is n• neces­ Mr. ACKLEN. Tbey do. sary that it should be entered upon the Journal. The SPEAKER. The gentleman will proceed. The Journal of yesterday was approved as read. Mr. ACKLEN. They are so grossly untrue and such a vile attack ADMISSION TO THE FLOOR. upon me, not only as a gentleman but as a Representative, that a The SPEAKER. The Chair at the instance of the gentleman from proper sense of justice to my constituents as well as to myself forces West Virginia [Mr. WILSON] asks consent that the governor of West me to speak that my silence may not be misconstrued. I quote the Virginia, Hon. Henry M. Mathews, and gentlemen accompanying him, following from the Detroit Post and Tribune of January 26: Honorables Jonathan M. Bennett, John Brannan, and J. N. Camden, On the 13th of J a.nuary, takiD~ advantage of a moment when no other member of distinguished citizens of West Virginia, be admitted to the privileges the Committee on Foreign Affairs was present, ACKLEN rose in the House and de­ clared a.s appears in the official report of tbe proceedings of Congress: of the :floor for to-day and to-morrow. Is there objection T "Mr. ACKLEN. I a.sk unanimous consent that the report of the Committee on Mr. WHITE. I object to anybody but the governor. Foreign Affairs in relation to the claims of certain citizens against the government The SPEAKER. 'l'he governor is entitled to admission under the of Nicaragua. be referred to the Committee of the Whole and ordered 1;o be printed. rule of the House. . "There being no objection, it was ordered accordingly." The alleaed report thus handed in by ACKLEN was received, duly printed and :Mr. WILSON. I hope the gentleman will not be illiberal and la.id upon the desks of members. Some days afterward the members of the Com­ unkind. mittee on Foreign Relations were astionished at seeing these proceedings in tho