1875. CONGRESSIONAL RECORD. 1267

By ~1r. HARRIS, of Georgia,: The petition of citize~ of Georgin,, his publication, greatly to his injury. I move the reference of this for a -post.-route from C::trro1lton to Cedartown, Georgta, to the Com­ memorial to the Committee on Post-Offices and Post-Roads. ruittcc on t he Post-Office and Post-Roads. The mot ion was agreed to. By 1\lr. LOFLAND : The petit ion of citizens of Wilmington, D ~la­ Mr. CAMERON. I present a large number of petitions of work­ wm:o, for the nweal of the 10 per eent. reduction of duties made in ing men of Reading, in Berks County~ Pennsylvania, who ask for 1:372 and against a duty on ten, n,nd coffee and revival of internal some aiel to the Texas Pa-cific Railroad.. They believe that an ap­ taxes, to the Committee on Ways and Means. propriation by Congress to this great work will restore confidence .By Mr. MAGEE: The petition of citizens of Newport, Pennsyl­ and give labor to a great number of persons who now need it very vania, that the national credit be e~"i:ended to the great southern much. I have several petitions of· the same nature from working line to the Pa.cific, IIDd interest upon bonds of the company to be people employed in different manufactories in the city of Philadel­ gnaranteeu by the Gove~nment, to the Committee on the Padfic phia. I move that all these petitiollS be referred to- the Committee Hailroau. on Railroads. By .Mr. MYERS: The petition of ·'Varren Gale, for extension of The motion was agreed to. :pntent for improvement in straw-cutters, to the Committee on Pat­ Mr. HAMILTON, of Texas, present-ed a memorial of Eugene Ar­ euts. mendaiz and others, praying Congress to pass an act authorizing By Mr. SCUDDER, of New York: The petition of the Ship-Owners' them to becQme a body-corporate with a franchise to construct a Associntion of the State of New York, for an appropriation to im­ bridge across ihe Rio Grande River at Brownsville, Texas; which prove Hell Gate, to the Committee on Commerce. was referred to the Committee on Commerce. · By Mr. SMITH, of Pennsylvania: The petition of citizens of L~n­ Mr. RAMSEY presented a memorial numerously signed by citizens caster County, Pennsylvania,, for the passage of the Texas Pamfic of Northern Dakota and Northern Minnesota, in favor of the early Railroad bill, to the Committee on the Pacific Railroad. passa~ of the bill now pending in Congress for the division of Da­ By .Mr. SPEER: The memorial of J obn Dougherty, of Mount Union, kota Territory; which was referred to the Committee on Terri­ Pennsylvania, in relation to safe, rapid, and cheap railway trMsit, tories. and praying · Congress to aid the Southern Pacific Railway, to the :M:r. SCOTT presented three petitions of citizens of Berks County~ same committee. Pennsylva-nia, praying that the aid of the national credit be extended Also, the petition of 577 citizens of Johnstown, Pennsylvania, for to the completion of a great southern line of railway to the Pacific; , congressional aid to tho Southern Pacific Railroad, to the same com­ which were referred to the Committee on Railroads. mittee. He also presented a memorial of citizens of Indiana County, Penn­ By Mr. STORM: The petitions of Grech's Machine-shop and .7 sylvania, remonstrating against the restoration of duties on tea and others; Franklin Iron-Works and 44 others; Gibraltar Iron-Works coffee and prayin~ for the repeal of the 10 per cent. reduction of and 'l:l others; Steam-forge of Reading Iron-Works and 14 others; duties upon certam foreign goods made by the act of 1~2; which Scott Foundery and 51 others; West Reading Boiler-Works and 21 was referred to the Committee on Finance. others; Philadelphia and Reading Railroad Company Rail Mills and Mr. MORTON presented a petition of 100 women, tax-payers of the 44 others; WilHam :Mcilvain & Sons and 65 others; Union Boiler­ District of Columbia, asking that the District government bill be so Works and 40 others; Keystone Hardware-Works anu 44 others; amended as to read" all citizens, irrespective of sex, otherwise tluly Seyfert, :McManus & Co.'s Sheet Mills and 1()-2 others; Seyfert, Mc­ qualified, shall be competent to vote for such officers as ::tre Jillade Manus & Co.'s Pipe Mills and 230 others; Reading Iron-Works, Blast elective;" which was ordered to lie on the.table. Furnaces Nos. 1 and 2, and 60 others; Reading Iron-Works, Rolling Mr. MORRILL, of Maine, presented a memorial of citizens of Hal­ Mills, and Nail Factory, and 265 others, of Reading, Pennsylvania., lowell, .Maine, stating that disastrous injury will be done to innocent asking the Government of the Unite<.l States to exteud its aid to the holders of municipal btonds unless by a law of Congress a sure and completion of the Texas and Pacific Railroad, to the same committee. certain method is provided for enforcing the judgments of United By .Mr. SWANN : The memqrial of Henry J. Rogers, relative to his States courts in cases where municipal officers by resigning evade. code of signaJs, to the Committee· on Nftval Affairs. · compliance with judgments aud writs of ntandamus of United States By :Mr. WOODWORTH: The petition of Jonah Woodward, to be courts, and praying Congress to pass a law which will remedy this . reinstatecl on the pension-rolls, to the Committee on Invalid Pensions. evil; which was referred to the Committee on the Judiciary. Mr. ROBERTSON presented a petition of over twelve hundred citizens of South Carolina, asking Congress for: an amendment t,o the Constitution to prohibit the manufacture, importation, and s:.tle of all intoxicating liquors, to tn,ke effect on the 1st of January, 1876, or IN SENATE. .as soon thereafter as possible; which was referred to the Committe~ on Finance. · MONDAY, Febr·uary 15, 1875. · He also presented a memorial of the Chamber of Commerce of Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. Charleston, South Carolina, asking an appropriation for the purchase of a site in that city for a depot for the United Stat-es light-house ELECTION OF PRESIDENT PRO TEMPORE. establishment; which was referred to the Committee on Commerce. The SECRETARY (Hon. GEORGE C. GORHAM) called the Senate to Mr. CLAYTON presented a petition of citizens of Hot Springs, order, saying: Arkansas, asking that a receiver be appointed to take possession of The Senate will please come to order. I am in receipt of this com­ the Hot. Springs reservation in that State; which was referred to the munication from the Vice-President: Committee on the Judiciary. . VICE-PRESIDE~""T'S CHAMBER, Mr. HAMILTON, of Maryland, presented the petition of Jane E. Washington, February 13, 1875. Slamm, of Prince George's County, .Maryland, pr~ying to be allowed DEAR Sm : Please inform the Sena.te that absonce from the city for two or three anears of pension; which was referred t.o the Committee on Pensions. days will prevent me from being present at its session on Monday. Respectfnlly, yours, Mr. BOGY presented a resolution of the Legislature of Missouri, HE::8RY WILSON. remonstrating against the imposition of any additional tax upon Hon. GEO. C. GORH.UI. manufactured tobacco; which was referred to the Committee ·on Mr. HAMLIN. Mr. Secretary, I send a resolution to the chair. Finance, and ordered to be printed. Mr. l\lERRThiON. I present a memorial signed by 37 merchants­ The SECRETARY. Th~ Senator from Maine offers the following resolution, and asks for its present considemtion: and dealers and manufacture1·s of tobacco of the town of Durham, North Carolina, remonstrating against any increase of the tax on Resolved, That in the absence of the Vice-President Hon. liENRY B. A..vrHon be, aml he is hereby, chosen President of the Senate pro tempo-re. tobacco. As it is brief, I ask that it be read. The PRESIDENT 1n·o tem:Pore. The Senator from. North Carolina The resolution was considered by unanimous consent, and agreed asks that the petition be reacl. The Chair hears no objection, ::md it to, 11en~. con.. will be read. · · ' · · ; Mr. ANTHONY thereupon took the chair. The Chief Clerk read as follows : Mr. HAMLIN. Mr. P1·esident, I submit the following resolution: • To the honorable Se-nate and House of Rep-resentatives in Oongress assJmbled: Resolved, That the Secretary wait upon the President of the United States and inform him that in the 11bscnce of the Vice-President the Senate has chosen Ron. W e, the undersigned, manufacturers and dealers in tobacco, of Du.rham, North HIL\"RY B. ANTHONY, a. Senator from tho St.'tte of Rhode Island, President of the Carolina, would very respectfully but earnestly petition your honorable bodies to Senate pro tempore; and that he make a similar commuriication to the House of make no advance on the existin~ pte 9f tax npon tobacco, for the fuUowing among R epresentatives. · many other reasons which coula be !riven: . First. Tobacco, on the average vaftte of the entire amount which enter& into con­ The resolution wa-s cons~d,ereq by unanimous consent, and agreed t.o. sumption, is now more heavily taxed than any other article, either of domestic or The Journal of the proceedings of Saturday last was read and ap­ foreign production. . proved. SeCond. The great preponderance of this t.'tX falls upon the laboring portion of the community, the consumers of cheap tobacco, who. not· onlY. pay t.h~ tax· but PETITIO~S A..'iD ffiMORIALS. about 50 per cent. additional caused by t.ho expense of paclringiri accordance with the r equirements of law, and the interest upon t he tax; which is paid in advance. Mr. FENTON. I am requested to present the memorial of Henry Third. It must bo apparent, from the repeated action of the House of Repre en'm. B. Dawson, esq., editor and publisher of the Historical .Magazine, tives to abolish all tax upon leaf-tobacco for consumption, that under the general published in the village of Morrisania, New York, who complains r euuction of wages which now exists a. large class of consumers severely feel the that the postmaster at that plJce refused to mail the magazine, and burden of this great tax npon an artic~e of home p~duction and which is indispensa.. ulc to them. . ' ' . . . . although he repr~sented the fact to the Postmast.er-General that Fourth. The revenue now obtained from tobacco fur exceeds in amount that g entleman has refused to direct the postmaster at that place to mail which was contemplatetl by Government during the highest ·days of F~qon; when 1268 CONGRESSIONAL RECORD. FEBRUARY 15,

the currency and nJl busine s were greatly inflated ; and when it is remembered that Mr. HOWE presented a memorial of W. C. Kibbe, in favor of the m·ery reduction of this tax re ultetl in increased rev-enue. is it not fair to believe that, in view of all these evils and difficulties, advance of the tax now would fail to construction of a double-track freight-railway under Government enrich the Treasury. auspices and control from tide-water on the Atl:tntic to the Mis onri River; which was referred to the Committee ou Railroads. The memorial was referred to the Committee on Fina.nce. Mr. INGALLS presented a memorial of 55 citizens of Miami County, Mr. MERRIMON presented a memorial of mercha.nts, manufactur­ Kausas, remonstrating against the restoration of duties on tea auu ers, importers, and dealers in New York, praying for the repeal of coffee a.nd pra-ying for the repeal of the 10 per cent. reduction of certain stamp tax on drugs, perfumery cont~inecl in schedule C ; duties on certain foreign goods made by the act of 187~; w~ich which was refeiTed to the Committee on Finance. was referred to t.he Committee on Finance. He also presented the petition of Mrs. Minerva R11ffin Calrlwell, Mr. THURMAN presented n. memorial of numerous tobacco manu­ widow of the late governor of North Carolina, Tod R. Caldwell, facturers of the city of Dayton, Ohio, remonstrating auainst any in­ praying compensation fo1· muJes and other property taken by the crease of the tax on tobacco; which was referred to the Committee Army in 1865; which was referred to the Committee on Claims. on Finance. Mr. SHERMAN presen~d a inemorial of citizens of Cherokee Mr. FERRY, of ?tfichigan, presented adclitional papers in relation County, , remonstrating a.gainst the restorn.tion of duties on to the application of the officers of the Fifth Michigan Cavalry tea a.nd coffee, a.nd praying for the re11eal of the 10 per cent. reduc­ Volunteers for compensation for services rendered during tho late tion of duties on cer~ain foreign goods made by the act of 1872; war; which, together with the papers now on file relative to the which w::ts referred to the Committee on Finance. case, were referred to the Committee on Military Affairs. Mr. HARVEY presented the following concurrent resolntion of the Mr. HAGER. I present the memorial of William \V. Woolley, J. Leii!;islature of Kansas; which was referred to .the Committee on J. Davidson, and about 100 others, asking that a resolution be passed Railroads : . asking the Attorney-General to file a bill in equity to set aside House concurrent resolution No. 28. the patent to the Rio de Santa Clara land grant, California. It Whereas certain railroad companies l1olding lands in the State of Kansas have thns far failed to perfect the title to their lands, whereby such lands are, by decision is alleged that over seventeen thousand acres of land have been of the Supreme Court of t.he Unit.ed States, exempt from taxation; and whereas fraudulently granted to certain parties. I move that the memorial · at the first session of the Forty-third Congress a certain· bill passed the Honse of be referred to the Committee on the Judiciary, as it involves a legal Representatives of which the following is a true text, namely: question. ".Fortv-third Congress, first session, bill (H. R. No. 3281.) In the Senate of the United States May 13. 1874. Read twice, and referred to the Committee on Rail­ The motion was agreed to. roads: .An act to amend the act entitled '.An act to amend an act to aid in the con­ Mr. OGLESBY presented the petition of Mrs. S . .J. Ghriest, pray-' struction of a railroad aml t.elegra.pl.t line from the Missouri River to the P2cific ing the passage of a law authorizing the Commissioner of Pensions Ocean and to secure t-o tho Government the nse of the same for postal, military, and to place the name of her son and her own name on the pension-roll; other purposes, approved July 2, 18G4.' "Be it enacted by the Stmate and House of Representatives of the United States of which was referred to the Committee on Pensions. America in Congress assembled, That section 21 of the act to amend the act entitled He also presented a petition o{ physicians of Illinois, in behalf of 'An act to aiel in the construction of a railroad and telegraph line from the Missouri the Medical Corps of the Army, praying for such legislation as will River to the Pacific Ocean and to secure to the Government the nseofthe same the better promote the efficiency of that corps; which was referred for postal, military, and other pur·pose , approved July 2, 1864,' be amended by adding the following: Provided, howw~, That the neglect of any such company or to the Committee on Military Affairs. parties in interest to pay the costs of such survey, selecting, and conveying, as PAPERS ~ITHDRAWN AND REFERRED. herein provided, and take the patents therefor, shall not. prevent the legal title vesting in said company or party in interest subject to the payment of such costs, Mr. PRATT. I ask that an order be made allowing Samuel Jami­ and all lands so earned and to which said company or party in interest shall be son to withdraw from the files his memorial praying to be compen­ entitled, in accordance with the provisions of this act or of the act of which this sated for the seizure of his property by the military authorities, upon is amendatory, shall be subject to all legal taxes imposed under authority of any State or Territory in which such lands are locatetl, from the time such company or leaving copies on the files of the Senate. In this case I made an party in interest shall have been or may be entitled to a convey;tDce thereof, the adverse report, but it was principally upon the ground that the claim­ satne as though no costs or fees had been imposed by the provisions of this section; ::mt had not furnished sufficient specifications of his loss nor sufficient and npon the sale of any such lands for taxes so assessed which may be founcl delin­ proofs of the loss itself to justify 'the committee in taking action; quent, the purchaser thereof shall pay tho proper officer all costs due thereon as herein provicled, and thereupon letters-patent shall issne to such company con. and I think it but right that he should be allowed an opportnnity of veying said lands, subject to the legalti~hts and title of the tax-sale purchaser, and making his claim again before Cougress if he can. th3.t it shall be the dnty of the CommissiOner of the General Land Otlice to prepare The motion was agreed to. and deliYer without delay patents for all lands applied for by any company as On motion of Mr. 8COTT, it was aforesaid when the same are clearly within the grant, and free from conilicting claims, anfl alllegalfees and charges have been pain by said company. 'l.'hatifany Orde-r~, T4at the Committee on Claims be discharged from the further consid­ company shall fail to pay the proper costs or fees reqmred by law, and to select for eration of the memorial of citizens of Pittsburgh praying the reimbursement of 'Patent the lands pertaining to its grant, within such period as to enable the local money paid out hy t.hem for fortifying their city in 1863, an.d that the clainl2.nts authorities to assess said lands, lists of the Banle shall be furnished to the governor have iewe to withdraw their papers. of any Sta.te or 'l.'enitory, uponn.pplic:ttion to the Commissionerofthe GeneralLand On motion of Mr. HAMILTON, of Texas, it was Office, and payment of the cost of preparing the same, said lists to be duly certified by the Commissioner, and n.pproved by the Secretary of the Int.erior, uniler·seal of Orde-red, That the petition and papers of Samuel Harper be taken from the files their respective offices: Provided, however, That nothing in this act shall be con. and referred to the Committee on Finance. struetl to roliovo any railroa.tl company from tho effect of any forfeiture heretofore suffered or incurred. · REPORTS OF COMMITI'EES. ''Passed the House of Representatives May 11, 1874. Mr. ANTHONY, from the Committee on Printing, to whom was re­ "Attest: "EDW.A.RD McPHERSON, ''Clerk." ferred a motion to print a letter from the Secretary of the Treasury, .And whereas the claims of equity and justice alike clema:nd the certain class of communicating, in compliance with a Senate resolution of ?tfarch 11, lands mentioned in said bill should bear their just proportion of tho public burden 1873, information in relation to the space allotted to ea-ch steerage and be subject to the same laws which govem the question of taxation as other immigrant on board ship, asked to bedischargedfromitsfurthercon­ property of the like character is subject to in the State of Kansaa; and whereas sideration; which was agreed to. this just re~lation is son~ht to be defe~ted by the continued neglect of the grant­ ees of the Lwds in question. to perfect their titles to the same by paying to the Mr. ANTHONY, (Mr. INGALLS in the chair.) The same committee, United States a nominal sum of money to liquidate certain costs of survey and con. to whom was referred a resolution of the House of Representatives veyan.ce, as provided by the t.erms of the several acts of Congress making the to print the report of the Commissioner of Agriculture for 1872 and grants of lands r eferred to : Therefore, . . 1873, have instructed mo to report the same wit.hout recommendation. Be it re8olved by the house of representattves of the State of Ka·nsas, (the senate con. cun·ing,) That the Senate of the United States is hereby requested, :;ts speedily as I suppose that to-morrow or next day the Committee on Printing will practicable, to pass and enact into a. law the bill above set forth. be called under the rule assigning the remn.ant of the morning hour to. Resolved, That the secretary of tate be requested to send one copy of this reso. the committees in the order in which they stand on the list, and then lution to the President of the Senate and one copy t-o each of our Senators. I shall ask to call up this resolution. · There is a very great difference Passed the house of representatives February 1, 1875. HENRY BOOTH, of opinion in the Senate as to the propriety of printing any copies of Ohief Clerk. this report, and we should suppose that our recommendation would Concurred in by the senate February 2, 1875. not have a very great effect either way; and therefore we submit the JOHN H. FOLKS, matter for the consideration of the Senate. Sec·retar-y of Senate. The resolution was oruered to be placed upon the Calendar, as fol­ I, Tom H. Kavanaugh, secretary of state of the State of Kansas, do hereby cer­ lows : • tlf.y _that the f.oregoin~. is a true and correct copy of the original instrument of WI'lting on file m my omce. Resolved by the House of Represtmtatives, (the "Senate conc-urring,) That there be In testimony whereof I have hereunto subscribed my name and affixed the great printed of the annual report of the Commissioner of Agriculture for the J ear 1872 seal of State. Done at Topeka this 8th day of Februrary, .A.. D. 1875. two hundred and thirty thousand copies, of which fifty thousand shall be for the [L. s.} • TOM H. C.A.V AN.A.UGH, use of the Senate and one hundred and eighty thousand for the use of the Honse of Representatives; and that there be printed of the report of the said Commis­ Secreta'I"!J of State. sioner for the year 1873 one hundred and fifty-five thousand copies, of which thirty· Mr. HARVEY presented concurrent resolutions of the Legislature five thousand copies shall be for the use of the Senate and one hundred and twenty of Kansas, in favor of granting the right of way to the Atchison, thonsand copies for the use of the House of Representatives. Topeka and Santa Fe Railroad, through the Indian Territory to Mr. CHANDLER. I run directed by the Committee on Commerce, Fort Smith, in Arkansas; which was referred to the Committee on to whom was recommitted the bill (H. R. No. 1588) to revise, amend, Commerce. and consolidate the laws relating to the security of life on board ves­ l\fr. WASHBURN presented a resolution of the Board of Trade of sels propelled in whole or in part by steam, and for other purposes, to , , against cha.nging the administration of the report back a skeleton of the steamboat bill, so called, and recommend present li.ght-house system; which was referred to the Committee on its passa.ge. I wish to state that it has been very much torn to pieces, Commerce. · and I would ask Senators to examine it carefully and see whether 1875. CONGRESSIONAL RECORD. 1269

then" is anything worth passing in it. If so, I will to-morrow at­ Mr. SARGENT. I proposed an amendment to the bifl which I un­ tempt to call it up if it is worth calling up. There are_two very good dersta.nd is not incorporate(} in the bill or anything in lieu of it. I ; .J thincr0 s left in it. One that stops t.he collection of p1lotage at Hell want time to examine the bill and I ask that it go over until to-mor­ 1 Gate which will save a few hundred thousand dollars to the New row. Enlr. EDMUNDS. I am direct-ed by the Committee on the Judiciary, the Committee on Pensions on the bill (H. R. No. 3721) granting a to whom was referred the bi 11 (H. R. No. 4669) to provide for the selec­ pension t.o Ezra C. Owen, !ecommending the indefinite postponement tion of grand and petit jurors in the District of Columbia, to report of that bill. My attention was not directed to it at the time. · I now it with two or three minor amendments, and to state that the neces­ a-sk that by unanimous consent that order may be reconsidered, and sities of public justice seem to require that the bill should be passed the bill go on the Calendar. I suppose there will be no objection immediately, and therefore, although as a usual thing and except in to it. a pressing emergency I should not think of doing it, I ask unanimous The PRESIDENT pro tempore. If there be no objection that order consent that it ma.v be consie Houses, as follows: That the House recede from it-s disagreement to the first amendment of the Senate, is sent from Washington-not selected in the city of Columbus, but and agree w the same, with the following amendment.~. namely: sent from Washington to Columbus to examine a bank of "'100,000 In lines 7 and 8 strike out the words "thirty-one of the national-bank act" and capital; he will travel four hundred and twenty-four miles, and we insert in lieu thereof "51!}2 of the Revised Statutes of the United States, or in any cannot a.s:mme that he has a free pas; we will assume that he pays one of the States of Ore~on, Califomia, and Nevada, or in the Terriwries." Strike out all after" tnan," in line 12, to and including" dollars," in lino 14, and his transportation; and his tr::tnsportation ann meals will cost bim insert in lien thereof "three hundred thousand dollars, twenty-five dollars." fifteen dollars from here to Columbus. Then his hot.el bill there will Strike out "redemption cities," in line 27, and insert in lieu thereof "the cities be .50 a day, or at lea-st four dollars a day. Dy the end of the first named in section 5192 of the Revised Statutes of the Unitod States, or in :my one of day in Columbus he is out of pocket nineteen

SENECA NATIO~ OF INDIANS. as I am concerned it might not be dmwn into a precedent if it went over t.hat line. Mr. INGALLS. I submit the report of the committee of confer­ l\Ir. INGALLS. I mnst be entirely ingenuous with. the Senator ence on the disa~reeing votes of the two Houses upon the bill (H. R. from Vermont and state that the report of the conference conuuittce No. 3080) to a,utnorize the Seneca, Na,tion of Now York Indians t.o does in one respect go outside of the original amendment made hero lease lands within the Ga,tta,ra,ngns and Allegany reservations and in the Senate by striking out the first section of the bill. to confirm existing leases. .Mr. EDMUNDS. Then I hope it may be taken by unanimous con­ The rop.ort was I'ea-d, as follows: sent, so that it shall not be dmwu into a. precedent. The committee of confP.rence on the rlisa!!Teeing votes of the two Houses on the Mr. INGALLS. That is my desil'e also. amcndmentR of the Sonat~<>erva­ Mr. ~HERl\iAN . This is a very clangerons business, and it is never tiunK, aml to confirm existing leases, having met, after a full and free conference done except by unanimous consent, and generally in a special form. ha•o agreed to recommend, and do recommend, to their respective Houses, as fol­ I see that both the Senate and Honse agreed to the first section of lows: the bill. How fai· that js material! do nut know, but the colllmitteo '!'bat the Sen:~.te rccollo from its amendments, and that the first section of the bill be stricken out. ; that the first two lines of the second section. be stricken out, of conference strike o~t that section. an1l that the following ue inserted : "That all leases of land within the Catta.mugns Mr. INGALLS, I will state to the Senator from Ohio that the first anrl Allegany reservations in the State of New York heretofore made by or with the section of the bill as it orgina.lly was repm1etl from the Honse de­ authority of the Seneca Nation of New York Imlians," and that. the fo~rth section clared that all Inuians who ~m; at present upon theRe re ·ervations of the bill be stTicken out anrl the following be weerted: '' .Alllea.~es of land situate within the liuJts of said villa~es when established as hereinbefore provided, except should be considered as members of t.be Seneca tribe of New York In­ those provided for iu the sccoml. ectionof this act., in which Indians or said Seneca dians. There were upon those reservation~ cerbin members of tho Nation, or persons claimin~ undc1· thP-m, are Jessorn, shall be valid and binding upon Cayuga and OnoUtla~a tribes ancl also a very few Canadian Indians, the parties thereto, and upon said Seneca Nation, for a perioc.l of fi•e years from and after thoJ1a: sag13 of tbi!i act, except such as by their terms may expire at an earlier a,nd the council of the Seneca Nation thought it unjnst that those dl!.te; an at the end of saill period, or at tho c:q>irntion of such leases as terminate parties should be included by legislative action among tho e who aro within that time, sai1l nation, through its councilors, shall be entitled to the poM Ell!· affected by the operations of this bill. I trust that nnauimous conseut sion of tho said land., and sh.lll have the powt:r to lease the same: Provided, how· will be given to the report of the conferenc.o colllmittee, with tho ever, That at the expiration of ~:~aid ]lcriod, or tlte termination of said lflases, as bcrl'inbefore pt·ovided, said leases shall bo renewable for periods not exeeeding understanding of course that it is not in :my sene whatever to bo twel•e years, and the persons who ma.y ue at such time U1e owner or owners of im­ drawn into a precedent affecting the action of the Senate upon agree­ pronlments erected upon Ruch l:mrls shall be entitled to Rnch renewed leases, and in.,. to roports of committees of conference. to cont.inuo iu posi'.P.Ssiou of such l;m1ls, on such condition~ a.'! may be agreed upon iir. SHERl\iAN. The trouble is t.hat this conference report. com­ by him or them mHl snub councilorR; and in caso they.caunot a~·ee npon the con­ ditiom~ of such Iell es or the aruonnt of annual rents to ho paid, thnn the !'.aid coun· pels us to state a. falsehoou on the record. I do not object to the cilnrs shall appoint ono porsou and t.lte other party or partie:> shall choose one per­ snhstance of it, but upon the record it makes the Senate adopting it son a referee to ti x and determine tho term!i of such lease aurl tho aruount of an­ state a falsehood, because it says-- Jmal rent to bo paid; and if the two sn appointed and ehos<'n cannot a;.'l·co, they :Mr. INGALLS. Probably not a falsehoocl, but something that is shall chool'le a. t.bml pcr.son to Mt with them, tho award of \•hom or tho JO~jor part of wllom shall he fiual anrl binding upon tho parties; :mel the JWrson or pet·sonR incorrect. own in::; said improvements sha-Ll bo <'ntitled to a lease of said lan!l and to occnpy Mr. SHE~IAN . It is not true. That is what I call a falsehood- and improYe tho samo a.ccordin:r to tho terms of said a.wartl, he or thev paving rent and otlierwise complying with' the said lea;:;e or said a wan!; and. wbene\·er any That the Senate recede from its amendments, and that tho first section of the lease Rhall expire aftp.r its renewal ad afor~sahl, it may, at the option of tho lc~:~see, bill be stricken out. his ltrir: and a.ssigus, bo renc\Ved ill the manner hereinbefore provided." I submit to the Senate that it can he done in ten minutes bv tho .Antl the House agree to ~he smuo. JOliN J. INGALLS, corlmut.tee on conference meetiug again ancl proposing that tho' Seu­ W. B . .ALLISON, a.te recede from its amendmcut.s, anu at the end of the report a,dding- LEWIS V. BOGY. .Manager.s on. the part of the Senate. The conferees unanimously recommend that the first section of the bill a~ree t l to by both Houses be stricken out. B. W. Il..c\.TIRIS, W. L. SESSIONS, Mr. INGALLS. What difference does it make whether that recom­ A. COlliNGO, mendat-ion goes in a.t the end of the report or at the commencement Managers em the part oj the Honse. of the report f It is the commencement of the report now, as one of Mr. ED.MUNDS. I should like to ask mv friend from Kansas the recommendations of the committee of conference. It appear to whether this couft>rencc report does not change the text of the bill me it is a m~tter t>f tbe most trivial form whether it still sbonlcl ap­ tuat luul been agreetl upon between the two Houses l pear in one portion of the report rather than in another. If it is ger­ .Mr. INGALL~. The bill had not been agrood npon l1etween the mane to the report, if it is a matter that can be properly acted on by two Ilou ·es. It ca:rne to the Senate :md was here amenuou and tho Senate, it is certainly i.IuUJaterial whether it appears on the first went ba..ck to t& House for concurrence, and the House refused to page or upon the la.st. agree to the amendments and asked for a committee of conference, .Mr. SHERMAN. It is sufficient to say that it is in express viola­ ::mel the bill was returned with that request, which was a.greed to by tion of parliamentary Jaw:, and it is in express violation of the joint the Senate, and the committee was appoil'lted; aml this is the result rules of the two Houses: I remember the Senator from ·wisconsin of their deliberations. [l\fr. HowE] felt very intlignant once becan e the Senat-e rPjectetl ~L Mr. EDMUNDS. Yes; but the question with me is whether this bill reported by him from n. c.oilference cornmit.tee w!Jen he felt him­ conference report does not change the text of the bill which the Sen­ self at liberty to go a littlebeyond the matten~in controversy bot ween ate amendments .al rather conform to it. Tl.Jere is no committee to change the text of a bill outside of the pcn(ling uispntes powe.r so daugerous in legislation a.s tho power of committees of con­ between the t\YO Houses. Without making any point of order, 1 ference. I have servetl on a great mauy of them, and I know t.hat in merely wish to put in a ca.,; eat in order that it may not be drawn into evm·y case where, when I ba,·e been a member of a conference com­ a preeedent that a conference committee have authority to go out­ mittee, it has been necessary to change the text of a hill, the formula side of the J.endiug questions between the t";o Houses to change has been a.

LANDS IN MICIDGAN. The Chief Clerk read the"tesolution, as follows: Mr. FERRY, of Michigan. I ask consent to call from the table the Resolved, That the At~rn.ey·General be, and ~e is hereby, directed to proceed to have the decree of the district court of the Uruted States for the district of West bill (S. No. 420) to amend the act entitled "An act for the restoration Virginia for the enforcement of the p~cbase-money ?f thewater·powerat Harper 's to homestea.d entry and to market of certain lands in Michigan," Ferry solll to F. C. Adams by the Umted States, which was entered at its

of vne. Three times the amell(lment offered b:v the Senator from have a good government. \Vith some of tho general ideas, or n.t. least the Inuiana, to elect two of the commissioners, was amende(l by s~riking most materjaJ, of this bill I concnr; but I ~o t.hink anll havo thongl1t out" two" ancl inserting uono," and t.he amen«lment tlms amended a.n tho time that thm·e were provisions in the bill, indeed whu:e was votesidue of theses­ one factious amendment ofi'eretl to the bill. The bill covers nenrly Hion belonged to this bill, or that I could claim more for it. I pnt two hundred pages, and it has not pm·hnps been read by every Sen it distinctly on that ground, that I should ask tlte Senate and wonld a tor in this body. New light upon it springs up from deba~u . It is nee- urge the consideration for one-fifteenth of tho time lPft of a hill as essarily a subject of debate, because the bill covers so mucll ground. important as I regarded this to be. I said distinctly that havillg no Had the bill heen a short bi1l, merely setting np a frame-work of a appropriation bill ready for to-day, I would not, if the Senat.o gavE:) goverument, without going into the mnlt.itnflinous details embraced me the legislative day of Saturday, n.rge it against n.nything to-tlay, in it; had it been a bill of twenty pages; hapected the slightest disposition to eanse the committee, and this committee were directly instructed t.o do t"'o delay on any side of this Chamber in regard to this bill, yet I was things: to make a frame-work, a.nd also statutes necessary to carry it greatly pained on Saturday at the delay and the time consnmetl over into execution. matters that I thought might have been dispatched a great deal more Mr. TIDJRMAN. Most ·nnqnestionab\Y, and I was very much in hurriedly if Senators beforehand had given the bill that consideration fa,vor of it. I think it was on my motion that they were also re- which they seem now to think its importance justly demands. I quired to draught statutes, but I did not expect them to draught think I have a right to sa.y that a great deal of time was exhaustecl them all in their frame-work of government, any more than when. I during the pro6rress of the day-time enough to have passed the till vote for a member of a constitutional convention to frame a consti- aml a good deal more. . tntion for my State I ex1)ect that he will pnt all the criminal laws aml I want now to say a word to my honprable friencl from Ohio who all the civil laws of the State in the constitution. Bnt I flo not wish. addressed me on this subject and I want to- show him tllat I think to criticise the action of the committee. I on]y mention this for the his skirts are not entirely clear on this matter. I had a right to go }1Urposo of showing that Senators are not factions when they move on with this bill; it was in a condition to be completed; it ha,cl been amendments to the bill reportell by the committee. · I mention it for kept dist.inctl;y before the Senate, and every proposition assailing it the purpose of showing that the Senator has no right to suspect any had been voted do"'-n. We were in the progress of finishing it, and Seuatm: on this floor of any covert purpose whatever because ]).e t.he next two OT three hours undoubtedly would have finished it either offers amendment-s to this bill or because he a-sks :(or au explanation for good· or for bad. That W;,tS the condition of things. I was anx­ of it. It was the duty of tha.t committee to report statut.es and I ions to stay. I thought I had a right to demand of the Senate, so was in hopes they would report statutes, for om· iclea was that Con- far a-s anybody having an important bill in charge ever has a right gross should be the legislative power of this District, as the Consti- to demand-'-aml certainly in the high sense that my honorable frieml tution provides that it shall be; and I hoped therefore that. we wonld ·urges it on me to proceed with the bill now considering its impor­ pass the statutes which otllerwise would be left to a mnnicipal gov- tancc, and I agree with him in that-that h stay until nine o'clock ernment to pass or b"e made in the shape of rules and regulations by or ten o'clock if necessary and finish the bill. But to my mortifica­ some board of commissioners. I considered it much more proper tion, not to say my chagrin, an adjournment was moved; t.he yeas that Congress should pass the necessary statutes to operate in this ancl nays were taken; ancl my honorable friend, with pretty much District. · No one would think for a moment of vesting a Legislative· all my allies on tllis side, went over. I am not complaining; I am Assembly here, such as we had but one year ago, with power to make not saying that there was any bad faith.about it. ·rt may be that laws regulating descent or distribution or the like. Certainly no my honorable friend understood. tha.t we had two or three days more one would think of vesting in these three commissioners or regents which we could expend on tl_lis bill just as well as not, and displace any snch power as that. The power of legislation belongs t,o Con- something else that had no business here. ,But that was not my busi­ greSR, and I did suppose that the general statutes, so far as they ness and I have no charge of the business of the Senate except this might be necessary in the opinion of the committee, would he reported particular thing immediately, and prospectively nine appropriation as separate statutes for the action of Congress, but that the frame- bills which will stand here tlemanding consideration on to-moiTow at work of the government would be as brief at least as the constitu- least and will confront the Senate in such a manner that I think they tion of the grea.t State of New York. I did not expect one hundred will find they cannot afford to put them aside. -and ninety-add pages here embracing 11ot simply the frame-work of Now if my honorable friend tllinks I have vindicn.ted myself from a government but going into the minutest details of Jegislation. any disposit.ion to abandon the hill, I shall have accomplished all I Now, Mr. President, I am anxious and have ueen an tlle while that desired; but I wiAh to say one thing further. I have given notice this subject should be fairly considered and t hat this District should that in consideration of not having hact the legislative day of Satur- 1875. CONGRE-SS10NAL RECORD. 1275 day, I will seek the first opportunity when I think I ~an d~splac~ other Mr. EDMUNDS. It, would follow, then, let me suggest to the Sena.:. business of less importance, when I am out of the J:Upl~eU. fmth not tor from Ohio, that a motion to amend must be in onler, for if you to distnrb t.hi.s

_either prevails the pending question would stilll>e before the Senate, you were allowec1 to do that you might never be able to get at any when it finishes its executive business or meets again, will it pro­ bill, for motion after motion could be made; as fast 38 one motion to ceed to consider the motion to proceed to the consiueration of that amend was voted down, somebody could move to amend by striking particular measure. But when you come to the motion to amend or out t.he name of the bill mentioned and inserting another, and so on, lay on the table, then you are acting upon the question itself and and thus you could never come to a conclusion. Because that might not superseding it, as a motion to adjourn does. That is the differ­ be clone, it was thought well to prevent such a result, and I recollect ence. that reason being given by the Vice-President who decided it, and If the Senate had not decided over and over again that this motion whose decision has been referred to 38 a reason why a motion to ,is not amendable, I should have agreed with the Sena,tor from Ohio amend a motion to take up a bill was out of order. But that does not that it was the subject of being postponed indefinitely, which would apply at all to the motion to lay on the table; for that, instead of put it off forever, and so you woulu never reach the merits, or of any being a motion that prolongs the consideration of a subject or enables other motion under that rule; but the Senate having so decided, and delay or dilatory motions to be made, is just exactly in the opposite .there bein~ no precedent of which I know of a motion to lay a propo­ direction-it cuts off debate. It does seem to me, therefore, that the sition of this kind on the table, I think that in following out the m~tion is in order. But I wa-s in hopes that the Senator from Mis-. decision we have already made we must hold that this is not in order. souri would not press it; for I concur in what was said by the Sen­ That is aU. ator from Delaware that it is due to the Senator from California and M.r. BAYARD. The construction of this general Rule No. 11 seems is according to that courtesy which we have always been accustomed to me very plain, and under it there can be no doubt in my opinion to extend to each other on this floor that he shonlcl be allowed to pro­ that the motion to lay on the table i'l ill order upon any question ceed with his remarks. I hope, therefore, the. Senator from Mis ou.ri under debate, and I find no exclusion of the question now under de­ on further considemtion will withdraw his motion. bate from the general operation _contemplated by this rule. If there The PRESIDENT pro tempore. The question is upon the point of be any other rule or anything to be gathereu from any other rule in order. The question is, is the motion of the Senator from 1\-fis ouri to conflict with this provision of Rule 11, I have been unable to find it. lay on the table the motion of the Senator from Indiana in order¥ Therefore, with my present lights, I consider the motion of the Sena­ Mr. HAMLIN. I am inclined to concur in the view which the Sena­ tor from Missouri in order. At the same time I beg leave to say that tor from Ohio has taken in relation to the rule which has been I trust it may not prevail. The Senate is aware that two weeks and referred to, the eleventh rule; but I think the Senator is mistaken more ago the honorable Senator from California [.Mr. SARGENT] ob­ in supposing that the rule has anything to do with this motion now taineu the floor to speak upon the Louisiana question; that his sud­ before the Senate. The rule which gives consecutively the motions den illness prevented his delivering his speech, and from the time of that may be made when a question is ;under debate applies to that his recovery until now he has been desirous of being heard upon that which is before the Senate for its consideration. The motion sub­ subject; and understanding that this motion is made by the honora­ mitted by the Sen:1tor from Indiana is one to bring a question before ble Senator from India.na-I understand this privately-partly to the Senate. If that shall be decided affirmatively, we then will have ena.ble the honorable Senator from California speedily to be heard, I before the Senate a subject to which that rule will apply, rmd a-s to earnestly trust that his wishes on this subject may be considered on which a motion may be made, first to adjourn, and so on down to the both sides of the Chamber, and that for his convenience there "ill be end of the list of motions therein specified. But I submit that this no hesitancy in allowine; this question to be taken. Although I must is not one of the motions contemplated by the rule as it stands. It say, as. I said before, t11at I think 1mder the rule the motion of the would be nonsensical. If it be in order to lay the motion of the Senator from l\iissomi is ill order. I trust it will not prevail. Senator from Indiana on the table, it is in order to commit it; and M1·. BOGY. I ha,ve uo doubt the Senator from California will make w.hat have you got to commiU What would be the condition of the a very fine speech, and we shall all be glad to hea-r him; but I do subjecU We want to get at a specific suhject for discussion and think the steamboat bill is much more important, and I should like action; and you propose to submit that to a committee, and you thus to have the yeas and nays on my motion. avoid the wish of the Senate. The PRESIDENT pro tempore. Does the Senator request the yea~ If I am right, and I think I am, in the construction of the rule, the and nays on the point of orderT motion in my judgment is clearly out of order; just as much out of Mr. BOGY. No, sir; on my motion. order as it would be to move to amend; and there can be certainly no The PRESIDENT p1·o tempm·e. The question is on the point of doubt upon that question. If it be in order to postpone it, if it be in order, which the Chair submits a~ain to the Senate. order to lay it upon the table, it must be in order to amend it. But Mr. BOGY. I thought my motiOn had been decided by the Chair it is not, I submit again, one of that cla-ss of cases which come within to be in order. the rule; and not coming within the rule, the motion to lay upon the The PRESIDENT pro tentpore. The Chair submitted i~ to the table should not be ent~rtained by the Senate. I do not know what Senate. the practice of the Senate has been; but I do know that you can find Mr. THURMAN. I wish to say one word on this Rule 11. It precedents for almost anything, and precedents that are often estab­ seems to me that the argument of the Senator from Vermont, although lished without the slightest discussion, without the examination of it a.ppear.:J extr~mely plausible, is not sound. I do not place my view their bearing, without even the knowledge of a larger portion of the of the question under consideration upon Rule 11. I think the Sena­ Senate that the question is so decided at the time when it is decided. tor from Mi souri has a right to move to lay the motion on the table, I belieye that the motion ought not to be entertained; and in addi­ and I think be has a right to do that under the general parliamentary tion to what I have said, it would be the mere negation of the affirm­ law, and I do not think he derives that right from Rule 11. I think ative form of the original form. Rule 11 is not one that confers the 1'ight to make tho motion; but it Mr. THURMAN. I think we had better have the yeas and nays is for another purpose, to exclude the making of other motions and to on this question, so 38 to have a precedent. regulate the order of precedence in which the motions enumerated in The yeas and nays were ordered. the rule shall be considered. That, I think, is it. I do not think Rule Mr. HOWE. I am going to vote the opinion-! forget whether it · 11 W38 adopted for the purpose of conferring the right to make these is "yea" or '' nay"-that this motion is not in order. A motion to lay motions, but on the contrary it was for the purposes I have mentioned. on the table a motion to proceed to the consideration of a specific .It provides expre sly- bill or resolution, I think, cannot be in order for this plain reason: As When a question is under debate, no motion shall be received but. it seems to me you cannot lay it upon the table, you.caJlllot get it out of the consideration of the Senate but in one way, and that is by And then it enumerates seven motions. The operation of the rule, adjourning. I suppose a motion to adjourn would be in order and therefore, is first to prevent any other than one of these enumerated would take precedence, and so would a motion to go into executive being made. Then the last clause of the rule provides 38 to the pre­ session. But what is the question under consideration and open to cedence of these motions: "which several motions shall have pre­ debate, o.r a motion to proceed to consider a particular bill or resolu­ cedence in the order they stand arranged." Then tlie last clause pro­ tion f All the arguments that tend to show you ought to consider vides that certain of these motions shall be decided without debate that bill at this time. Suppose you go through the form of laying and that certain others of them may be debated, but not on the mer- that motion on the table and do not adjourn do not go into executive its of the bill. · session, you have got to mo-ve to proceed to the consideration of Mr. EDMUNDS. May I a~k the Senator a question, because I do some other measure; and whatever that me38ure is, precisely the not wish to take up time. If the Senator is riO'ht, that this does not same liue of debate is open upon it. Every single argument that fall within the eleventh rule as being one of the subjects mentioned would be pertinent on the motion of the Senator from Indiana would in it and it is a general parliamentary right, would it not follow as be pertinent, would be strictly germane upon any possible motion well that you may move by general parliamentary right to amend f which could follow that, except a motion to adjourn or to go into Mr. THURMAN. I think it would. executive session. So it seems to me. Therefore I shall vote that it Mr. EDMUNDS. But the Sena.te has decided over and over again is out of order to submit a motion to do what cannot be done. that it vonld not allow that. . The PRESIDENT pro t.entpm·e. Is the Senate ready for the question f Mr. THURMAN. I think so; bnt because the Senate may have Mr. FERRY, of Michigan. Will the Chair state the question Y ·made one erroneous decision it does not follow a~ a matter of 'course The PRESIDENT pro tempore. The Senator from Indiana moved that we ought to make another; and yet there is a distinction be­ to proceed to the consideration of the case of Mr. Pinchback. The tween the cases, and to that I wish to call the attention of the Sena- Senator from 1\-fissouri moves to lay that motion on the table. The tor from Vermont. • point of order is raised that such a motion cannot be laid on the Tho reason w by it was held before that you could not move to amend table. The question is, is the motion of the Senator from Missouri to a motion to take up one bill by substituting another bill, was tha,t if lay on the table in order '1. .. 1875. CONGRESSIONAL RECORD. 1277

:Mr. CLAYTON. How does the Chair decide the point of order f Legislature by its own re olution had extended its existence one The PRESIDENT pro tempore. The Chair submitted it to the year, it electedMr.Robbins totheSenate. The qne ·tionwa.swhether Senate. · it was a Legislature at all; and the Senate of-the United Stat-es, after Mr. CLAYTON. Made no decision f a long debate, decided that !\.Ir. Robbins had a p>·hna facie case on the The PRESIDENT pro ten~pore. Made no decision. governor's certificate, and he was admitted to his seat; ::mel the que·­ 1\fr. THURMAN. Those who are of opinion that the motion to lay tion as to whether the Legislature was a lawful one was decided on the table is in order .vote " yea." afterward, and after long debate and coLsideratiou. Mr. EDMUNDS. Certainly ; and those of the opposite opinion So far as I can find out by.examination, as stated by the Senator vote "nay." [Laughter.] from Ohio in the Goldthwaite case, there is no precedent to the con­ The question being taken by yeas and nays, resulted-yea-s 25, trary. It has always been held that a person presenting the cei·tifi­ nays 29; as follows: cate of the governor of a State had a p1•ima facie case, and that all YE.AS-~essrs. Bayard, Bogy, Cooper, Crn.gin, Dennis, Eaton, Goldthwaite, questions as to his valid election, as to his conduct during the elec­ Gordon, Hager, Hamilton of Mll.rylanu, .Johnston, Kelly, McCreery, Merriman, tion, could only be investigated after that time. Norwood, Ransom, Sargent, Saulsbury, Schurz, Scott, Sherman, Sprague, Steven­ But, l\Ir. President, not intending to take the time of the Senate, I son, Stockton, and Thurman--=25. NAYS-Messrs; Allison, Chandler, Clayton, Conkling, Dorsey, Edmnncls, Fen­ shall content myself by refening to one other case, which is the most ton, Fcrrv of Connecticut, Ferry of Michigan, Flana.gan, Frelin~huysen, Gilbert, full and satisfactory of any of them. I refer to the case of General Hamlin, Harvey, Howe, .Jones, Mitchell, Morrill of Vermont, 0$lesby, Patterson, Shields, who was admitted as a member of this body in 1849. Before Pease, Pratt, Ramsey, Spencer, Wadleigh, Washburn, West, Winaom, and Wright- he was admitted a motion made to refer his credentials to the 29. was .ABSENT-Messrs. Alcorn, Anthony, Boreman, Boutwell, Brownlow, Cameron, Committee on the Judiciary, upon the ground that Gen~ral Shieldd Carpenter, Conover, Davis, Hamilton of Texas, Hitchcock, Ingalls, Lewis, Logan, bad not been nine years a citizen of the United States; that he had Morrill of Maine, Morton, Robertson, Stewart, and Tipton-19. · not the qualification required by the Constitution. This presented So the Senate decided that the motion of Mr. BOGY was not in the strongest possible case. Here was a candidate for n.dmission who, ordeT. it wa-s claimed, did not possess a qualification required by tlle Consti­ rhe PRESIDENT p1·o tem]J01'e. The question recurs on the motion tution; that is, he had not been a citizen of the United States the of the Senator from Indiana, [M.r. MORTON.] proper length of time; and if any question could be examined in ad­ The motion was agreed to. vance of admission it would seem to me that that woulu be the one. The question came up for discussion, and the debate was participated SENATOR FROl\1 LOUISIANA . in by Mr. Douglas of Illinois, l\Ir. Mangum of North Carolina, Mr. The Senate proceeded to consider the following resolution reported Walker of Wisconsin, :Mr. Turney of Tennessee, Mr. Badger of North from the Committee on Privileges and Elections by Mr. MoRTON on Carolina, Mr. Butler of South Carolina, Mr. Webst-er of Massaclm­ the 8th instant: · setts, Mr. Atchison of Missouri, Mr. Berrien of Geor~a, and l\Ir. l'oote Resolved, That P. B. S. Pinchb::J.Ck be OOm.itted as a Senator from the State of of Mississippi. After full debate, and I believe with the concurrence Louisiana for the term of six years, beginning on the 4th of March, 1873. of all these Senators, it was decided that he had ap1·imafacie case Mr. MORTON. Mr. President, I shall detain the Senate but a short upon the governor's certificate, and that no question coulcl be raised time in stating the question which is now presented. Mr. Pinchback as to whether he was a citizen of the United States or had been has p1;esented credentials properly certified, signed by the governor properly elected until after he ha.d taken his seat. He was thereupon of Louisiana, countersigned by the secretary of state, showing that sworn in, and after that the question was examined; be was found on a given day in January, 1873, in accordance with the act of Con­ not to have been a citizen of the Unit-ed States the requisite period, gress, he wa-s elected to a seat in this body for the term commencing and was turned out of the Senate. I shall ask the Clerk to read this on the 4th of March, 1873. The simple question presented is whether, debate. It is not very long, and that is all the speech I propose to upon these credentials, thus signed, countersigned, aud bearing tho make at this time. I consider it conclusive on tills question. It seal of the State of Louisiana, he is entitled to his seat; and if thero leaves but one point. If we recorrnize 1\fr. Kellogg as the governor be questions as to w het.her he was properly elected, a-s to whether the of Louisiana, then Mr. Pinchback ha.s a prirnafaci,e ca-se to a seat in Legislature wa-s properly organized, or whether he was guilty of con­ this body, and whatever objections there may be to the character of duct in the election that would prevent him from properly becoming the body by which he wa.s elected, to the mode and manner of his a member of this body, they cannot be inquired into until after he has election, ca.n be inquired into only after he bas taken his seat; for, taken his seat. as wa-s said by Mr. Webster, the Senato gets no jurisdiction of any I shall confine my remarks to presenting a few authorities on this question connected with the case until after he becomes a member of point which I consider as quite conclusive. It is no part of my pur­ the body. pose to go over the old Louisiana story. The Senate knows it by Mr. SARGENT. It will take an hour to read it. heart. The first authority that I present was that growing out of Mr. MORTON. 0, no ; not more than fifteen minutes. However, the admission of Mr. GOLDTHWAITE as a member of this bodv from this debate is somewhat len!!thy; and as I am anxious not to take the . the State of Alabama. It was objected that l\.Ir. GOLDTHWAITE was time of the Senate, I will ask to have it incorporated in my remarks, not properly elected ; that there were members in the Legislature and will notify Senators where it is to be found, so that any one of Alabama· who voted for him and whose votes were necessary to can examine and see whether I have stated the substance of this de­ his election who had not them elves been elected; that others voted bate conectly. for him who were under the disabilities of the fourteenth amend­ :Mr. HAMILTON, of Maryland. Will the Senator give the page f ment to the Constitution and had no right to a seat in the Legisla­ Mr. MORTON. Volume 20, Congressional Globe, second session ture of Alabama under any circumstances. In other words, the Thirtieth Congress. question was whether Mr. GOLDTHWAITE had been elected in fact by Mr. CONKLING. What is the elate of the year Y the Legislature of Alabam!l.. The Committee on Privileges and Elec­ Ml'. MORTON. Eighteen hundred and forty-nine, on the 6th day tions reported the following resolution : ~~~ . Resolved, That GEORGE GoLDTHWAITE be permitted to t.

tliiR ease tho ineligibility was Rhown on the facfl of tho crerlentials, I wouhl not Senat.e, in rolation to the proceodin"'S in tho case of M•·· Gallatin. I found thoro a. k that General Sbield<~ shouhl boswom. But if tile credentials a.re in tho usual that when Mr. Gallatin prosented hinlself nu tllo authority of hh. credentials, ho form, aml that is not doulJtecl, tho presumption is in his favor. anJ h e has a right wa.<~ sworn in, antl anotlu~r Sonator was sworn in immodia.roly after him. .As . •.Jou to a seat here nntil tho Senate shall atljud::rc him ineligible. All I ask, sir, is that as he h:ul be-en sworn in, a communication, in the shapo of ~~ remoastT:-tnco from t.llc State of Illinois may be treated as otller States ar-e t-reated. If there is no tho Stato of Pennsylvania., as to his eli,!!ilJility to o!lice, was presented to the ineli'-.ribilitv shown on tlio f..'l.co of t.he erc•lentiaL'l, to deprive him of the right con. Senate, a11rl proccouings were had to test l1is eli::ribility. IIo wa>J llrst sworn in, fcrred upon him by his St.ate, this will fnrnish the first instance of the rejection of however, anrl no objection was mado to his being thus sworn. It is very strongly a Senator when his credential are in 1lue form. And why, sir. should there be to be pre.snn1ed tbat, prior to his b ·in~ sworn, the remonst-rance WI!.@ in tile hands snch an exception now ma.tle in this ca.se1 I speak not. sir, on bohalf of the claim­ of tho Prositling Officer of the Senate. . ant of this soat; but I speak on bohalf of the Stat-e of illinois, which I in part rap­ Mr. BF:RRJEX. I do not apprehonrl that the adoption of either of the cow:s<>s resent. I insist, sir, that if you were now engagecl in callin~ tho yeas an1l nays, sngf!estod this morning in rel:l.tion to tho reception of Gonoml Shieltls will a1l'ect and his credentials had not been llresented, U would be my nght aml my duty to tho ultima.to aotion of the Senate upon the sub,joct of his eligibility; but I do not present his credentials, aml it would be his right t-o be sworn aml vote on the p ond­ ooncnr in some.of the suggestions which have b n matle, and I will therefore ex­ JDe been acceded til. I do not say that Genoral am myself. Siiiolds is eli;P.ble to a acat on this floor. I !mow nothing of the facts, sir; lJut I lt is said that the credentials of this ~entleman aro prima jar.ie ovidenco of do know, from the credentials on your tabh\ t.hat Ito bas been tlcly elocteil by the tho qnalification necessary to his admission as a memb r of this body. I think Le.~slatnre of tllo State of illinois. His crodentials al'tl in due form. Tlley aro in not, ::~ir. UntJl the evidence is oontrovertcd it must be oorreot evidence of tho 1mch form as to make it a matter of right that bo shall tako his . eat. I know also regularity of tho election by the Le_:rislat.uro of his State, but that is the ouly that yesterday yonsworP othor members whopresontedcretlentials irlentically the thinrr It is not even prima facie ovideJlCO of tho qualifications of the individuai. same. And I likowiso lillow that hitherto von have never r e[nsell tho right to a. But, sir, it i8 sugg;ested that the presentmont of those cretlontials, this application seat to any gentleman com in~ with like creilenthtls. Aft.er General Shields hall to t,he Sen..1.ro to bo sworn in immoiliatoly, shoulll .bo concnrrod in by t.he Sou~tto, ha>e been sworn :mtl admittea to a seat I shall throw no impediment in the way of and tbat tht>.y mll8t stand, whon thll3 concnJTe•l in, tmtil an invOl tig;ation is rua.do any oxamination that the Senate may desire to make of the faots of tho case. it is by tho Senate a-s to the gentleman's eligibility; now, on tho other' hand, wben a the rirrht of this body then to institut-e an investigation when olJjectJons are made; momberof this body offers a ro.'!Olution propo in~ an inquiry into the ltwality uf but caiJ.rL I say it with great respect) this body has no right to r oject without exam­ the election of a S11nator, I suppose that some attontion should be paitl to tile repn3- ination a Senator, when he presents his cretlentials in tlue form, showing that he sontatioll8 of that SoXI.tor, an•l ther-efore what would seem to me a correct com·se has a right to a seat hero. ou t.bis quostion, would bo that t.ho Senator from Wisconsin should state to tho The VJCE-PRESIDE!\T. Does the Senator from Illinois insist on his question of Senat.e tho grounds upon whlch ho submits his resolution, and such fact8 all hu pLivilP-l!;e1 rna~ be a.h]o to presentin relation to tho matter, so thatw may he enabled to decitlo Mr. DOUGLAS. Y os, sir; on the ground tl1at the State of Illinois is entitled to atlv1setllV botwocu the two oOLuse sn)!gested to be taken. I make thissno-rrcstion two votes iu t.his Senato. because I apprehend that the applioant in this case is not di posoing; this rosolution, so that a deoision upon his ca."!e. If it be doemojection to tho Srefore not pre­ quire int-o tho oligil.Jility of tile said Jamos Shields to a. seat in the Senate of the pared at present to make any statement as to the legality or non-legality of the Unitod States as a membor t.bereof. election. ~1r. TURNEY. I suppo. e that resolution is not yet befom the Senate. Mr. W ALKlill. I do not wish to pnrsno any conrne of action in r elation to this Mr. DOUGLAS. Th.o ql?-estio~ renmng is my motion that James Shields be sworn. question without full regard to th 'vishes of honor-J.ble Senators. Upon a former Mr. BUTLER. Whteh u; a pnviloged question. occasion, sir, boforoyon ocenpioll tho post of Pre. iding Officer of this body when Mr. DoUGLAS. Yes, sir; a privileged question. the question of tho recovtion of Geueral Shields was up, I rose and sta~d my M.r. Tut~:mY. I in ·ist that a. primAJ, ja.cie case is presented which entitles tho object in making the motwn whi ·h I submitted; but, upon the suggestion of the claini:mt to a seat; anrl it is not in the power of any one to exclude rum from tho enator from North Carolina, it wa.'! withdrawn. I thou stated that in justice to cnjn_ymentof his right. Why, if this were so, one member by an objootion c:ould General Shioltls, to tho Sonaro, anll to the conntry, I wonld move a refer-ence of ycstortlay have excludod one-thlrd of this body; for ycswrtlay one-third of tho his credentials to the Committee un tho Judiciary, with in tructious til inquire seats here were vaoant, and they were fillod by g-entlemen on the llresentation of int.o tho eligibility of General bields. I sa.y now, and I wish to lJe understood just such credentials. It cann(lt be dono, sir. I insist that Gweral Shield is when I made tho motion as declaring. that I have no wish or desire of the r emotest entitlefl to his seat, and if any constitutional question shall Mise tbo Senate m:~.y kintl to placo General Shielcls in a position where injustice can be done him, or to do then inquire as to his oligil.Jility to remain here. anythin~ which shall o:s:clude him from a seat upon thl'l floor. I have known him Mr. BADGErt. I imagine tllat thero i~ very little uifferenco of opinion among lou!! in aifferent capacities, military and oivil; I know him to be a gentleman of Senators as to the t·ight of General Shields to bo sworn in at tho prer;ent time as a abilit.r. The country isacqnainted with his capacity, and the enemies of this conn­ m ember of this body. In the absencoof any precedeut~ to tho contrary, its~ms to try also, I think, can testify to his officieney. I knew him at an early period of my mo perfectly clear that General Shiul.ds, having presente1l to tho Senat.e 1111:1 cre­ life in the Sta.te from whence be oomes, which was then the home of ns boti.J , Tho dentials, showing in proper form ltis olection to a soatin this bo• ly, is entitled to be lap. o of time has not opera-tecl upon the heart that pulsates in my bosom in such sworu inasamemberof this bocly, and treat_ed as constitu!Jonally amombor of this manner as t.hat I coulcl urgo any ma.licious obje ·tion to tho admission of au old and body, until upon investigation it shall be fnll.Y asccrtainc•l th:tt he is not constitu­ ostoomell friend as the representative of a State to the body in which I bavo been tiona-lly eligible to a seat horo. That is undoubtedly tho gonoral rule, aml I do not honorod with a seat. I disclaim all such feelings before the Senate, before the see that any question a.~ to the particular practice or preeedout.l of the So11atc with country, before tho friends of General Shields, and beforo that gentJemau himself refereuce to his elia:ibility can rnako any dilleronce in tho application of tho rnle. if ho is present.; but in justice to that gentloman, in justice to the Sonate, ami ~ It is a. question solely for him to decide, personally, whetber ho will chooso to a·mil justice to tho country, I desir that an investigation by a. proper committee ma.v himself of the right which the o credentials give him, to be sworn in as a member be had upon this subject. Won1d it be,inRt to General Shields, to the Senate, or to before tho question of his eli~ibility is ;;ottJed or· not. It dues not seem to mo that the country, particularly t-o the Stato which has honored General Shields with a. there is any conflictwhate>er oetwccn tho application to wca.r in Goneral Shields soat h ero, first to atlmit 'iu m and afterwanl to expel him from this body 1 Those and the ro.::solution offered by the Sonat-or from 'iViscon..'lin to refer hili credent.ials who Plllllose to take that course must take a clitferent view of this matter than I do. It would seem to be a far preferable course to allow Geueral Shields to do­ to ~·.aB~~o~~te1c~~~;f!:· ~~:~~t ,~\i~~~~f~~· ~{uo~~~~~h~g ~.f~~:O~~~: what I am .informed he is prepared to do-show that be is not endeavoring to thrt1st pressed here. Genora1 Shieltls comes here with crodontial.s, unller the seal of the himself into this body, aml to give him an opporhmity of proving that he is enti­ Stato.:: of .lllinois, in due form; ml'l it is to be presumed that: it- has tlloroughly in­ tled to the honor which his St.'lte hM conferred on him, and whioh will through all vestigated tho mattor, and that the State wlJitjh has given him a commission under futuro time bring credit to the State which has contorTed it. It seoms to me this it.c; st~al has decided primarily uvon his qnaliJ:ications. Coming here, then, with is much the better conrse; to gh'O General Sb.ieltlR the opportunity of provina his prim.ajacie qualifications ami crQdentials, !cannot see how we can refuse him the oliJ;,ribility before he i;~ sworn than lirst to swoar biro and then aftorward may have x·ight to bo sworn as a member of this body. I think the case is analo«ous to pro­ to expel him. The."!o are my conscientious viows on thi subject. If tlley aro ceedings at law involvin~ tho rights of membership-tho ri~ht of holding otlico. wrong, it is because I have not a. just appreciation of its merits. I do not wish to Usually, the question is made, w1dcr proceedings by a writ of q1w warranto, "By resist whatever ~hall be deemed tbo proper course o~ tho Senate .on this question; what n~ht do yon hold otlico 1" The member is sworn in, and tho question as to but, as has been mtimated by tho Senator from Georgw., LJUr. Berrten,] unloss objec­ his eli!,rtllilit.y to a. seat is aftorwarJ determinod. tions are ma(lo with relation to a point of order, I will state the grounds that have If ilie State has given Goneral Shields his credentials, as it is proved by tho facts inducod mo to brinrr forward thi resolution fnlly aml explicitly. bearty. · qnotcu as~ a precedent for the course suggested by the Senator from illinois. Tha t Mr. WEBSTER. This is a. very important questiou, srr, and ,it becomes us 81> to seems to ha>e been a caso where pt-evious o~jection was not ma.do. Mr. Gallatin act as not to deprive ourselves of the power to exercise our undoubted coll8titn­ appeared and was duly sworn, and it was not until somo limo after he hat! boon tional right of jud!!ing of the qualifications of a member of this body, at tho same tllus qualified that objection was made to his occupyinrr a scat in this Chamber. time to a..:t with a.If pro~er respect toward the State which has sent us a Senator But it is said that nu preoedont oan be shown fot· tho com-so that I hM-o seen fit which it has elected. To observe the established precodents in casCI! of this char­ to nggest. I am informed, sir, that there is a. prccedont. I am informeu that t\ acte·r is the best com·so we can adopt. Thero may be instances or precodentll in Senator from Uonnectiout onco presontod his credentials, but that, in consequence which oQjootion has boen made before tho member has taken his seat in either oue 0 0 House or the other. TJlis gentleman's case is the other way. Being admitted to ofMr~~%~~s~;;,: i~~~Jb~f!n'u~ ;ba:th:;.~:ut~~ :~~·of the Senator from Cun­ his seat, ho is thou to produco his credentials, anu they are to be examined antl S~~!~~~~:tb~'!~~~u~P~~J~~~~~r~~lf~h~ug:~t;~ ~~1"a~~!i~~Ye~lr~~ ~~l~: ~o~~~tila~~:n~Ytt~o p~·~~~~e,0~~~~i~e ~ ~~~~~ti~~~ ~s:!n~~~\~ ~o~vs~! any elect ion of Senator in his place- The Govemor of t.ho 'State thorcupon made an g entlema.n to be sworn at once. appointment, a_Ilfl the objecti~u was takun ·that the governor had no aut.hority\ in Mr. ATcmsos. On yesterday my attention was called to tho Journal of the 0:1110 of such vacancy, to appoint a::>enu,tor, and therefore the Senator was excluued 1875. CONGRESSIONAL RECORD. 1279

from a. seat in this botly. The f3()t appeared on tho f:1ce of his credentials, and That is the la,ngnage which we hear now; tha.t we aro. nhverting tllercforo it was seen tllat he h:ul no sort of right t{) a seat as Sena.tm·. In th~s caso too rights of a people; that we are gnHt;-.· of usnrpn.tion; tliat the there'« ~imply a presumption, as to the ::ieu:tl{)r's iucli;;i!Jility to membership of t!J is A1lminist..mtion i1:1 maddened by political defeat, and is omlea.voriug I f~ ~~hiJ"~lf ~~~~ :~t3 of the :Senator fTom Counectiuut strengthens tho general rule . 1 to overt.hrow the government of Louisiana. 'l'he uir ha-s been filled. wi::.h Ruc h dccbra.tions, aumission by ono Senat-or ' Vhen I beard that resolution read to the Senate, containing "'er,v of an unexpl:~inell resolution. That would ~seem t{) me au aut of gross injustice. much more of the same character as 'the slight extract from it which Rurels a gentleman protltLc.iut; tbe creJentiaLi of his :;ta.t-o, certifyinrr his election I ~1s a Senator, who asks to bo wot'II; autl it C-J.unot he perrnittetl for an'OtherSenator <]note, I was reminded of the charges hrongbt against President Lin­ to get ufantl by the mero submission of au nucxpl:linct.l resolution y the attempt to reduce a free people into suhjectio~ to him," &c. I cox·­ r c·s:->lulion whicl~ he has suhruitted, mast he presUIUed to hav~d.one i~npon grounds tainly am right in saying that the declarations which we hear now satisfactory to hunself; antl hdoro be calle< upon us to parti01pate m that resolu by tion, to sllilt.aiu it by our votes. I think it was proper that W6 shou1tl \,e advised on this floor and the democmt,ic vress of tho country, and which of thoso _grounds. ·· como up from Louisiana, a-re simply the ecltoes of the old cry which Sir, it is p erfectl~- ind11fert'nt to me, e-xcept as relates t{) the observance of order iu 1861 hailetl and stimnlated tho rebellion. They mean exactly the aucl the llrinciples of tho Coustitnlion, what conrsc may bo pursued. As the same thing.now that they meant then, anu they are as f11.lse to-ligations shoulti bo main- I think the eloquent Senator from Missonri [Mr. Scmmz] cannot en­ taiuecl. . joy tho acclaim of tho enthusiastic memhers of the party in tho rotunda, MI·. FOOTE. Mr. Pro itient, I should consider it in very bad taste, in~ curtaiuly not because I do not feel a jnst deferenco for the opinions of those dis­ to the political history of Missouri a few ~·oan> past, when by the then tinguislwtl gentlemen who seem to be of opinion that tho motion of tho Senator apparent effect of the political action of the Sena.tor frou1 Mis ·ouri ft-o cot lllinui:; lhlr. Dougla::;] l:ihuulrl not pru\'ail that I fool authorized to say, in there was a train of circumst-ances set in motion which Jetl iuevitably hc:nin~ of tho Senrrk-, (and I think what r h:t\·o to sa.y on tills point will bo sanc­ tione~ ?y-aH who bea.r us.) that tho ar~umcnt nf tho question 1s now cxiiansted; · to tlle election of Cockrell, or some otlrer confederate general, or a. t_ha.t 1t ltLno'y cstauhshcd, ueyo?d all ~·ca~OI.labl ~ 1loullt, th_at ~:~rec cdcnt sustains man wholly sympathizing ·with those ideas. I suppose the Senator full.v the motion of the Seuator from Ilhnui.s; that that. moLwn 1s rrrounded firmly from Missonri theu, in spite of the plain point.ingont wllich was matle ane anythiu•• ii1 tho circumstances of this case which siionlcl oonstitute au exception to 'a. gcn-;,ral to him of tho resnlt of the action which bo then took, did not believe rule which, l thlnk, has hcen fully established. that that action would resnlt as it has resulted. How has it 1·csulteing tllns expressed myself. men he has heen encouraging to destroy him and his party ! The bcm•• ready t{) vote, and beliovin g that others are also. I trm:~t. that our time will not Saint Louis J ow·nal sa~·s: uo occupied at any conaidcra.ulo length bftyoml the ]lroscnt moment in a discussion There was great rejoicin~ among Cocl."l'cll's friends over liis election. Tho that, it seems t.1mo, is unnecessary, anti tiiat will result unprufitahly, autl that may, scouo in tho rotunda beggared de.scription. The p ·eat mass of humanity surged to vcrchanco, bo producth·'} of more or less ill fctliin•T. and fro, some cheerin~ madly, others hooting nnu cursing, and all excited to tho The question was then takou on tho motion of"'.Mr. Douglas, aml it; wa.'i agreed to. . . . . highest possible pitch. The rebel element here manifested itsl\lf prominently. '' llv G-d, wo'>e beat 'em at last!" " Yes, !i-n 'em! the gray has sooo-petl the Mr. Shields was thou qualified, aud took bis seat,-CongrMsional Globe, volume blue this time! 'Mebbe we haint just cJ·awled out of the brush!" "Whoop 'er 20, sccoud session Thlrtioth Congre.ss, pages a:li-329. up boys, anll sec l10w old Grant likes tho rebel yell thi:; timo !" Thes~ were tho .Mr. SARGENT. Mr. President, the resolution before the Senate and cries that r esounded through the halls of the olcl capitol building. the action proposed is but ono phase of flbe very many-sided question I

On the 4th of December, 1860, South Carolina having seceded and The substance of a great many democratic speeches and a great other States preparing to follow its example, a grave constitutional many democratic editorials is containeu in tllese t-wo lines, as they ' question arose as to the power of the General Government to coerce were made at that time. I do not k11ow but tllat some of the demo­ \ a State. It waa a funcl3Jllental question: ·was the.re constitutional cratic Senators who are about me used just such language with refer­ power in the hands of the General Government to coerce a State Y ence to the efforts of President LiJ,1coln to assemble a military force J 3Jll6S Buchanan, a democratic President, devoted, like the democracy to put down the rebellion; but one thing I do know as within my fre­ of to-day, to constitutional law and the Constitution, sent his last quent observation, that just such objections, just such points of con­ annual message to Congress, and, like the democratic lawyers and stitutional law we had to meet continually in order to sustain the democratic Senators at the present day, he discussed the question Government. whether there was any constitutional power on the part of the Gov­ There came a time when the North began to be somewhat tired; ernment of the United States to protect itself from sheer rebellion. there was not ready volunteering and scarcely any at all; our armies He said: were perishing in the fielu and neede(l new life-blood which conlU. only be procured by means of conscription; anll at the verv time The question, fairly stated, is : Haa the Constitution delegated to1 Congress the power to coerce a State into submission which is a.tt.empting to wit.hdrnw or has when, to use the language of an eminent man, the rebels were robbing actuallJ withdrJ.wn from tho confederacy 1 If answered m the affirmative, it must the cradle and the grave to fill up their army, our armies were perisli­ ~~dro t!~ler~~~~:a~~t a t~faf:.w~:~ ~~~hc~~~~i~~:~~~~~:r~!~ ~~~~~~ ing for want of the supply of new men. A proposition wa~,; passed the conclusion that no such power has been delegated to Congress nor to any other through Congress for a conscription law. Recruiting was dull and department of the Federal Government. the armies must be filled up. Then there were anti-dra.ft meetiu•Ts In the light of recent events, of all that has happened since, of the in the city of New York larger than the meeting recently assembl~il great wave of civil war that has rolled over the country, of the sub-· nt the Cooper Institute to protest against the proceedings of tho jugation of the South, the emancipation of the slaves, and all the Administration in Louisiana., and they were as violent in their lan­ great events of the past fifteen years, how puerile seems this reason­ guage anu they saw just as much unconstitutionality in the idea that ing, this constitutional exposition of the last democratic President of the Government hact any right to draft citizens into the Army as tho United States. He goes on: recently at the Cooper Institute or the Manhn.ttan Club they ditl in It is manifest upon an inspection of the Constitution that this is not among the the course of tho Aclministration towanl insurrectionary Louisiana. specific antl enumerated powers granted to Congres.'l, aml it is equally apparent that In Pe:t:msylvanin. there was the case of 'Villiarn 1''. Nichols, who its exercise is not "necessary and proper for carrying into execution" any one of brought a bill in equity to restrain proceedings under the enroll­ these powers. ment law or tile drafting of citizens into the Army. The supreme It may be necessary and proper in order that the Government n:iay court ?f that State wa ~emocratic by one majority; tho casting vote even exist, as the Constitution ueclares that the Government may was grven by Mr. Woodwaru, formerly of the Hoo e of Represent"hts of tho r.itizen, but the security antl extract from which I have read, wherein he advances the same idea. foundation of his State Iights. And how fong is civil liberty expectecl to last" after He said : the securities of civil liberty are destro~· cd 1 The Constitution of the United States If it be true that war cannot be declared- committed the liberties of the citizen in part to the Federal Government, but ex­ pressly reserved to t-he States and the people of the States :ill it did not delegat.e. After having gone on to show that it could not- It gave tho General Government a standin~ Army, but left to the States their mili­ tia. Its purposes in all this balancing ot powers were wise an

very brief extract just what was thought by these constitutional ex­ to indemnify the President and other persons for suspending the privilege of the writ of habeas corpttS, and acts done in punmance thereof," and after its second pounders on that proposition. I have here a number of extracts reading moved that its consideration be made the special order for the Thursday from democratic speeches, but I will quote only from one, from Mr. then next ensuing; which motion being objected to, he moved the previous ques­ Crittenden-if not nominally a democrat, talking in the same vein­ tion ; and this being sustained, under the operation thereof the bill was reatl a. a representative of the State of Kentucky eminent for his public third time, and passed. services, but who seemed to become chilled in his feelings toward They go on and give various reasons for protesting, of which this the success of the war for the Union when its logic seemed to be is the third : inevitable that the blacks must be freed and next that they might Because it purports to confirm and make valid by act of Congress, arrests and be used for the purpose of filling up the Union Army. He said with imprisonment w bich were not only not warrant-ed by the Constitution of thoU nited reference to this proposition: States, but were in palpable violation of its express prohibitions. It is a. crime against the civilization of the age- Unfortunately for these pro~tants the courts, as soon as they had l have no doubt that this worthy old man had visions of horrors opportunity to pass upon the matter, held that the law wa.s strictly at the idea that arms could be put in the hands of the slaves; he constitutional. But that did not diminish· the confidence of these feared excesses on their part; but I am glad that the result never orators, and they kept on trying to show their knowledge of the justified these dismal apprehensions. I do not cit.e that remark of Constitution, though no court agreed with them. The fact that tho his even as reflecting upon his judgment. But he goes on to say : Supreme Court of the United States differed with them did not abash It is a crime against the Constitution. them for a moment in the confidence with which they then approached and now approach such questions. Mr. Pendleton, whose name I Here we have again an exposition of the Constitution. read, made a speech on the subject, in which he used this language, on It is an act of hostility against the Union. These a.re the sentiments with which the 3d of .March, 1863 : I am compelled to regard this mea' ure. I say it is a crime against the Constitution. Martial law! The war power! Military necessity ! As these terms are used to-day they have no lawful existence among us. They abrogate and destroy the Like every other proposition intended to strengthen the national Constitution. They violate the whole of it in letter and spirit in order that they arm, it was necessarily a crim,e against the Constitution! But with may compel obedience to part. They are the devices of fanaticism; its flimsy pre­ measures which were not exactly warlike in their character as re­ texts under which power conceals its aggressions, the specious names under which garding the finances, there was the same democratic impenetrability cowardice seems to skulk from observation while it gratifies its malignant rage. to a proper construction of the Constitution of the United Sta.tes. I This was said in the midst of the civil war, when the Government say confidently a proper construction o~ the Constitution of the was struggling by the tension of every nerve to save the coun­ United States, because in this matter the Supreme Court of the Unit-e d try. This language, heated as it is, is however scarcely more so than States have distinctly decided that the legal-tender acts, as they were we have heard recently from democratic orators and Constitution ex­ called, were entirely constitutional; and democratic lawyers, I sup­ pounders with regard to matters in Lonisi:111a. He goes on; it sounds pose, with a decision like that upon their tabl~s, must admit the con­ almost recent and fresh : · · stitutionality of those provisions which were made in order to give They are the inventions of despotic power dist{)rted from their original purpose us the life-blood in that great struggle. But I want to call atten­ by a. party distressed and bafll.ed by the humiliations of a war which it had not the tion to the position of the democratic party on that matter. The virtue to prevent and bas not the ability to manage; the insufficient cloak with which it seeks to cover as it were with the mantle of constitutionality tho efforts Government could not sustain its credit by the issue of notes that of despairing and impotent wrath. Powers thus usurped will have but a brief and were not legal-tenders, or c~mld J?-Ot bring within its vaults by any profitless da:v. They depeml upon force. It is lawful to resist them by force. It means sufficient gold to pay rts current expenses and enable the peo­ may become" wisdom and patriotism to resist them by superior force. After much ple to pay their taxes and pay off our Armies from month to month; long suffering" resistance t{) tyrants is obedience to God." and so resort was had to legal-tender notes. This issue was opposed I do not know but that it is well sometimes to turn over the musty on the premise that it was entirely unconstitutional. I have here the volumes of the Globe to find the fire that is smonlclerin~ within their remarks of the Senator from Delaware, the father of the Senator who leaves, to find out how men's passions were excited a tew years a.go now holds that seat, [.Mr. BAYARD,] which I give as an illustration of against the Government, on what pretexts they then acted, under the position which was taken by the democratic party at that time on what pretenses of regard for the Constitution, pretenses brought for­ this floor and in the House of RepresentativeB and by their press ward at the very moment when action was required, to cause delay generally. and to protest again~t it- tactics which exist to this very day. He said : There were other propositions. There was an excln~ion of papers I shall, however, pass over the constitutional argument.. I really do not think, from the mails. TheNewYork News, published by Ben. Wood, rang from anything I ever beard on the subject, that is worth an a.r~ent. The thing is to my mind so palpable a violation of the Federal Constitution tha.t I doubt with incendiary appeals for bloody resistance to the Government in whether in any court of justice in this country, having a decent regard to its own the North. Major-General Wallace suppressed the Baltimore Even­ respectability, you cau possibly expect that thls bill which you now .!?ass will not, ing Transcript. General Rosecrans forbade the circulation of the whenever the question 1s presented judicially, receive its condemnatiOn as uncon­ Metropolitan Record in the Department of the .Missouri. And there stitutional and v_oid in this clause. were other papers which were forbidden to be transported through To show that this anticipation of the Senator from Delaware and the ma.ils. The object was to prevent hostile printed matter f rom ' his democratic associates of the action of the courts of justice on this reaching the enemy a,nd to prevent such matter from inst~gating proposition was entirely inc~rrect, that they were in error then as others to co-operate with the enemy by the aid of the United States they always are on constitutional points, I desire to call attention to mails. The question wa-s presentea, was there constituttonal power the decision of the Supreme Court of the United States upon the on the part of the Government of the United States to prevent these question. A very brief extract will suffice for this purpose. The incenrliary communications from passing through tl:J.e mails. Caleb Supreme Court, in the legal-tender decision made in 1871, said : Cushing, Pierce's Attorney-General, Caleb Cus~ng- strongin the con­ We are not aware of anything else which has been advanced in support of the fidence of the democratic party, a great constit~tionallawyer, a light proposition that the legal-tender acts were forbidden by either the letter or the for them and Franklin Pierce, President of t~e United States- a demo­ spirit of the Constitution. If, therefore, they were what we have endeavored to crat, a lawyer, a constitution expounder, had discussed the matter, show, appropriate means for legitimate ends, they were not transgressive of the and Cushing decided as Dn tldministration measure that incendiary authority vested in Congress. matter even in time of peace could be exc]uded from the mails. I And again they say: ask the Clerk to relieve me by reading what I have marked in the But, without extending our remarks further, it will be soon that we hold the book which I send to the desk. I desire to 13how how far demoeracy acts of Congress constitutional as applied to contTacts made either before or after can construe the Constitution in favor of slavery, and then I shall­ their passage. show how far it can construe its clauses a~;tinst liberty and national There were other propositions wherein democratic lawyers became existence, when ·the same measure is involved. extensively learned with regard to their constitutionalit.y. In Decem­ The Chief Clerk read as follows : ber, 1862, the Honse of Representatives passed a bill to inrlemnify the A'ITORNEY-GENER.AL'S OFFICE, President and other persons for suspending the writ of habeas co1p118, March 2, 1857. aml it passed both Houses finally. There was a necessity for it, be­ * * * With these premises we have the main question very much simplified. It cause rebel emissaries were pJotting mischief, seeking to carry out is this: H as a. citizen of one of the United States plenary indisputable right to employ the functions a.nd the officers of the Union as tho means of enabling him to the pledges of the democratic leaders to a,id the rebellion. This act produce insurrect ion in another of the United States 1 Can the officers of the was held constitutional by the supreme court of New York in the Union lawfully lend its functions to the citizens of one of the States for the pur· case of George W. Jones vs. William H . Seward, and was held consti­ pose of promoting insurrection in another State Y tutional wherever itwa.s brought to the attention of courts. But our Taking the lruJt of these questions first, it is qbvious to say that, inasmuc.b as it is the constitutional obligation of the Unit-ed States to protect each of the States democratic constitution-expounders had hastily before that, contem­ against " domestic violence," and to make provision to '' supyress insurrections," it ·poraneously with its passage, shown their care for and knowledge of cannot be the right of the United States, or of any of its officers, and, of course, it the Constitution. There was a protest made by thirty-six democratic cannot be their duty, to promote, or be the instrument of promoting, insurrection members of the House against the passage of the measure, putting it in any part of the United States. As to the first question, likewise, it seems obvious to say, that, as insurrection in uponhighconstitutionalgrounds. Amongthosememberswhothuspro­ any one of the States is violation of law, not only as regards that State itself, but tested and showed their knowledge of the Constitution of the United also as regards the United States, therefore no c-itizen of the Union can lawfully States were George H . Pendleton, Clement L. Vallandigham, SAMUEL incite insurrection in any one of the Stat-es. * * * It :would be preposterolli! to SULLIVAN Cox, Charles A. Wickliffe, Daniel W. Voorhees, and many suppose that any citizen of the United States has lawful right to do that which he is bound by law to prevent when attempted by any and all others; and monstrr>us others whom I might name. They recite: to preteno.l that a citizen of one of the States has a moral right to promote or com· Ou tbe 8th llay of December, .A. D. 1862, a.nd durin~ the present session of Con­ mjt insurrection or domestic nolence, that is, robbery, burglary, arson, rape, nnd gress, .Mr. Stevens, of Pennsylvania., introduced the bill No. 591, entitletl "An act nfru·tler, by wholesale, 1n another of the States. III-81 1282 CONGRESSIONAL RECORD. FEBRUARY 15,

These considerations, it seems to me, are decisive of the question of the true We all know the circumstances attending and immediately follow- con~trnct.ion of the ae, are of character to in­ first; and this em bodied the concentration, the essence of democratic cit insurrection in any of the States-still my conclm~iou would be the same. I · constitutional learning. should say of such a provision of law, it is a nullity, it is unconstitutional; not so With these exhibitions of democratic constitutional discretion, I by reJtSon of conflict with any State law, but because inconsistent with the Consti­ say I impeach their law; I deny their ability to expound that instru­ tution of the United States. The Constitution forbids insurrection; it imtoses on Congress and the President ment; and when they denounce in this Cha~ber the efforts of tbe Government to preserve peace and the forms and substance of law in !!d. dt~~ P~e~~S~~~st~n~nth~r:~~~~~~t! ~n~1~!~!i~:s;rt~~ tl:(j~~~h ~~~~C:J Louisiana, I hear the old cry against coercion, conscription, and eman­ military; and any provision of an act of Congress requiring a Federai function­ cipation. Senators may be eminent lawyers in assu1npsit; they may ary to be the aaent or minister of insuiTection in either of tho Stateo would vio. late palpably·the positive letter, and defeat one of the prim11ry objects, of the Con­ and are undoubtedly learned in torts and remedies outside of politics; stitution. but history has recorded their giga.ntic blunders in construing the These, my conclusions, a-pply only to newspapers, pamphlets, or other printed Constitution; and I ba.ve not, therefore, been surprised to .Jearn from matter, the character of wbwh is of public notoriety, or is nooessarily brought to this source that the President has been guilty of violations of the the knowled~e of the postmaster by publicity of transmission through the Jlll1ils unsealed, anu as to the nature of which he cannot plea,d ignorance. Constitution. A little more exaggeration would say violations of tbe Constitution in every part. A little more warmth and enthusiMm per­ MI·. SARGENT. On the next page the Clerk will find marked a haps would reproduce their resolution of 1864, and it would create no letter from Jefferson Davis iu which he commends this doctrine of surprise in my mind, and I doubt if it would in the mind of any·who exclusion from tho mails of printed matter in the interest of slavery heard it. I prefer, however, to examine the matter for myself. as eminently proper and worthy of a State-rights administration; and Reasoning for myself on the constitutional obligatjons of the Presi­ I should like to show how that eminent constitutional democratic dent, I lay it down as a proposition that it is the duty of the General expounder, Jefferson Davis, looked upon this power of which the Government to protect a State against domestic violence; that this democrats subsequently found it convenient to deny the constitu­ is a constitutional obligation, whether that violence is seated in a gov­ tionality. ernor's chair or a legislative hall; whether it is by a disorganized mob The Chief Clerk read as follows : or by an organized rebellion. Section 4, article 4, of the Constitution WASHINGTON, Ja'P:uary 4, 1858. reads as follows : GENTLEl!EN: When I last addressed lou in answer to your letter communicating the views and feelings of the citizens o Yazoo City, in rel:ttion to tho circulation The United States shall guarantee to every State in this Union a republican form of incendiary matter through the mails of the United States, I promised that you of government, and shall. protect ea

And again subsequently, on December 9, less than one month before elected w either branch of the General.A.ssembly; and it shall be the duty of the said clerk and secretary toplacethenames of the representatives and senators elect the coup d'etat of Wiltz and his coconspirators, he telegraphed as fol­ so furnished upon the roll of the hous.e and of the senate respectively; and thoso lows to President GRANT: representatives anu senators whose names are so placed by the clerk and secret:o~ry . 1 NEW ORLEANS, Drcember 9,1874. r espectively, in a{)cordance with the foregoing provisions, and none other, shall be President GRANT, Washington: competent w organize the house of representatives or senate. Nothin§o-in this act In.formation reaches me that the White League purpose m:J.king Rn attack upon shall be construed to conflict with article 34 of tbe constitution of the tate. the State-house, especially that portion occupied by the treasurer of the State.. 'I' he organization is very numerous and well armed, and the State forces now.ava~ble Thus the one hundred and two members constituted the roll of the are not sufficient to resist successfully any movement t.hey may make.. W1th a VIew House, who alone were competent to organize it, and this was the roll of pre\enting such an attempt, and the bloo~hed which would be likely to. result for all purposes of organization, and was the roll to be called on the should an insurgent body again take possessiOn of the State.~ouse and m dispers­ demand of any two persons named on it. Article 36 of the constitu~ ing them, I respectfuUy request that a detachment of UIDted States troops be stationed in that portion of the Saint Louis Hotel which is not used for any of the tion of Louisiana provides that- State officers, where t.hey will. be readily available to prevent any such insurrec­ Each house of the General Assembly shall keep and publish weekly a. journal tionary movement a~ that contemplated. of its proceedings; and tho yeas and nays of the members on any question, at the WM. P. KELLOGG, desire of a.ny two of them, shall be entered on the journal. GovernOT of Lo-uisiana. The roll being thus made up, and the right to have the yeas and In other words, the. President was invoked by the State govern­ nays being thus secured, the laws of Louisiana provide for a presid­ ment, which he before that time had recognized under his constitu­ ing officer until the organization is completed, as follows : tional power, to interfere with the Army of the United States, as was That for the purpose of facilitating the organization of their respective bodies, provided by the a-Cts of 1807 and 1795, as was contemplated by section the secretary of the senate and the chief clerk of the house of representatives shall 4 of article 4 of the Constitution; and all the conditions being stated ·hold over and continue in office from one term of the General Assembly to another and, as I assert and as cannot be denied, all the conhis illegal proceeding. Greater commotion Such aid wa-s rendered without the use of more than a display of force. at once ensued, knives and pistols were drawn, and bloodshed seemed The five persons illegally seated were removed by the United States imminent. Without there wa-s a surgin~ mob of thousands j within troops; that is to say, by the representation of the United States there were high-handed; illegal, unconstitutional proceedings taking troops; for I believe that no soldier except officers entered the hall, place in the midst of a confusion there rei~ing, with knives and and by the same display of force in the persons of the five officers who pistols drawn1 anarchy and confusion prevailing. Under these cir­ entered as there previously had been on the invitation of the demo­ cumstances this democratic coup d'etat wa.s accomplished. Wiltz's ob­ cratic members in the person of the one officer who entered, he him­ ject in endeavoring to prevent the republicans from leaving the hall self speaking for his staff and the soldiers under him, and he accom­ seems to have been to compel the republicans to remain by force so panied by his staff, dointr no more. as to keep a quorum in the hall to help out his arbitrary minority Mr. BAYA.HD. Will the Senator allow a correction f proceedings. To effect his object on motion of Dnpre, a democrat, a Mr. SARGENT. These corrections as they are called are simply committee was appointed to wait on the United Stat-es military offi­ speeches. The Senator will have an opportunity to be heard and I cer and request the int-erference of United States troops. This request shall listen to him v;rith great pleasure. I am stating the result of was complied with, and General De Trobriand came on the floor. He my reading of the lel?al documents on these matters. The Senator was cheered by the democrats, and Wiltz asked his aid; which was when he comes to reply, and his party friends also, will have abun­ r endered, and peace was restored. dant opportunity. I simply state that as I desire to speak at some The Senator from Ohio [Mr. THUR1\1AN] said that "in the lobby length, I do not want to prolong my remarks to the extent that they there were fifty or sixty of the worst ruffians of the republican would be if interruptions were permitted. party in the city of New Orleans." How does he know thatf Who Mr. BAYARD. I shall not interpose. were theyf "What were their names T What had they done or Mr. SARG.ENT. I appreciate the Senator's courtesy, and I would either of them f He objects to Sheridan's phrase'' banretext for alteration in the State governments, I have consented to sign this document on the ground that the cons;ervative mem­ without the concurrence of the States tbemselve . Thesaquestion. atlmitof ready b ers of the house have set a precedent by appointing a special committee to wait answers. If the interposition of the Gener-.1.1 Government should not be needed, on General De T.obriand, who immediately appeared at the bar of the house, es· the provision for snch an event will be a harmless superfluity only in the Consti­ corted by said spooial committee. tution. But who c:m say what experiments may be produced by the caprice of ROBERT F. GUICHARD, particular States, by the ambition of enterprising )en.ders, or by the intrignes and Of Saint B ernard. wfiuence of foreign powers. 1875. CONGRESSIONAL RECORD. 1285

The ambition of enterprising leaders such as Wiltz seized the lower tion to the principle of a guarantee in the Federal Government, as involvio"' Jn officious interference in the domestic concerns of the members. A scruple of 'this house of a Legislature with further-reaching intentions than even kind would deprive us of one of the principal advantaged to be expected from union, that; and it was within the purview of the Constitution, as stated by and can only :flow from a misapprehension of the nature of the provision itself. It Mr. Madison, to prevent this very thing- to defend the system against could b~no impediment to reforms of the State constitution by a majority of the such innovation. people in a legal and peaceable mode. This right would remain undiminished. The guarant~ could only operate n.gainat changes to be effected by violence. To the sooond question it may be answered, that if the General Government should interpose by virtue of this constitutional authority, it will be of course By the surrounding of a legislati\re hall by an organized mob, a~ bound to pursue the authority. But the authority extends no further than to a wa-s the case in the city of New Orleans, where the white-leagneDg guarantee of a republican form of government, which supposes a pre-existing gov­ ernment of the form which is to be g-uara,ntoed. As long therefore as the eXIsting were assembled, where hook-and-ladder companies were at hand republican forms are continued by the States, they are guaranteed by the Fetlera.l ready with their implements tb scale the windows of the senate cham­ Constitution. Whenev<~r the States may choose to substituro other republican ber and seize that body if the enwute in the house succeeded, where forms, they have a right to do so and to claim the Fedornl guar3ntee for the latter. knives n,nd pistols were drawn, and where republican members were The only restriction imposed on them is that they shall not exchange republican for anti-republican constitutions ; a restriction which, it is presumed, will hardly controlled in their ingress and egress by force- when there was such be considered as a grievance. violence as to defy the State constitution and work :1 change in ordi­ He further says- nary parliamentary safeguanls and a recurrence to aristocratic forms Protection against qomestic violence is added with equal propriety. It bas been or else a government by a mob- in such -events the violence was thn,t remarked that even among the Swiss cantolll•, which properly speaking are not which Mr. Hamilton sn,ys the Constitution was intended to gun,rd under one government, provi, ion is made for this object; and the history of that n,gainst. lea;ru.e informs us that mutual aid is frequently claimed and afforderl, and as well Toward the prevention of calnmities of this kind too many checks may not be by the most democratic as the other cantons. A recent and well-known event provided. The peace of society and tho stability of government depend absolutely among ourselves bas warned us to be prepared for emergencies of a like nature. on the efficacy of the precautions adopted on this head. At first view it might seem not to square with the republican theory to suppose that a. maJority have not the right or that a. minority will h..we the force to subvert This matter was discus ed at great length in the case of Luther t:s. a government. Borden, 7 Howard, 1)agc 42, by Chief JllStice Taney, certainly good They did have the force in "the Legisl:1ture of Louisiana by the n,id democratic authority; a man that all democrats wonld insist was, of the 'Vbite Leagues which they called in, by the aid of the turbulent and I dare say with a single exception and perhaps without excep­ and restless population which they had n,t their back, the minority tion republicans would admit, :lbove reproach. In the Rhode I land dicl have power to seize on the lower hollSe of the Legislature- ca-se he had occasion to pass upon a kindred question, upon the power And consequently tbat the Federal interposition C.'1D never be required but when of the General Government under the guarantee clause of the Consti­ it would be improper. But theoretic reasoning in this, as in most other cases, tution n,nd under the la,ws which I have cited. He said, on page 42 must be qualified by the lessons of practice. \Vhy may not illicit combinations for purposes of violence be formed a-S well by a mnjority of a State, especially a of 7 Howard : small Sta,te, as by a majority of a county or a district of the same State; and if So, too, as relates to the clauses in the abo>e-mentioned article of the Constitution, tbe authority of the State ought in the latter case to protect the local magistracy, proviclio~ for ca es of domestic violence. It rested with Congres., too, to determine ought not the Federal authority in the former to support the State auiliority1 upon the means proper to be adopted to fulfill this guarantee. They might., if they Be8ides, there are certain part.s of the State constitutions which a1e so interwoven bad deem eel it most advisable to rlo so, have J?laced It in the power of a. court to de­ with the Federal Constitution tbat a violent blow cannot be given to the one with­ cide when the contingency bad happened wb1ch reCJ.uired. the Federal Government out communicating tho wound to the other. Insurrections in a State will rarely to interfere. But Congress thought otherwise, and no doubt wisely; and by the induce a Federal interposition, unless. the nnmbe.r· concerned in them bear some act of February 28, 1795 provided that "in ca..'!e of an insurrection in any State proportion to the friends of government. It will be much better that the violence against the ~ovornment thereof, it sb~ be lawful for the President of the Uniteaof thepeople; while the National Government could such as we have seen of late, to say, "Here is a Cret;ar; here is an le)o!;ally do nothing more than behold Its encroachments with imli~ation and regret. A successful faction may erect a tyranny on the ruins of order and law, while no unconstitutional n,ct; this is a. violation of law and of the Constitu­ succor could constitutionally be afforded by the Union to the friends and supporters tion; n,nd the people of the United St:ttes ought to rise and strip the of tbe Government. The tempestuous situation from which Massachusetts has robes of this Cresar from him." Then te:1r down the monument scarcely emerged evinces that dangers of this kind are not merely speculative. erected to Taney; take his bust from the Supreme Court room; defile Who can determine wh..'tt might have been the issue of her late convulsions if the ma.lcontents ha.d·been headea by a Cresar or by a Cromwell. his memory with your opprobrium and obloquy ; tear the pages written by Madison and Hamilton from the Federalist; blot the Or if they had been headed by a Wiltz or a :Marr, what would have proudest record of your whole country and the proudest sentiments been the result Y ever uttered in defense of liberty and in defense of the Constitution, Who can predict what effect a despotism, established in Massaehnsetts, would and you may be consistent; but you are not consistent at this late have been upon the liberties of New Hampshire or Rhode Island; of Connecticut or Now York~ . day in reversing all the teachings of the fathers while pretending The inordinate pride of State importance baa suggested to SOUle minds an oojec- to revere and follow them. You ::tssume to r aise this cry n,gainst the 1286 CONGRESSIONAL RECORD. FEBRUARY 15,

Presiernments have soverei!!U ceed with their duties without apprehension of dan~er. If they are then mo. power in any case, because their power does not extend to eve1·y case. The tenth ~~~~~~~~~nw7f~~!:~~~dn:;t~.~ther the United States is able to main· section of the first article of the Constitution exhibits n. long list of very important I have deplored the necessity which seemed to make it my duty under the Con­ thin~s which they may not do; and thus the Uniteu States would furnish the sin· stitution and- laws to direct such interference. I have always refused except gular spectacle of a political so.ciety without smereignty, or of a people governed where it seemed to be my imperative duty to act in such a manner unrler the Con· without government. stitution and laws of the United States. fhaverepeatt?dly and earnestly entreated If it would be necessary to bring proof to a proposition so clear as that wlrlch the people of the South to live together in peace, and obey the laws; and nothing affirms that the powers of the Feueral Government a to its objects are sovereign, wruld give me greater pleasure than to see reconciliation and tranquillity every. there is a clause of its Constitution which would be decisive; it is that which ue· where prevail, and thereby remove all necessity for the presence of troops among clares that the Constitution anu the laws of the United States made in pursuance them. I regret, however, to say that this state of things does not exist, nor does of it and all treaties made, or which shall be mad , unclcr their authority shall be its existence seem to be desired in some localities; and as to thoso it may be proper the supreme law ojtl>.e land. The power which can or ate the supreme law of the for me to say that, to the extent that Congress has conferred power upon me to land in any case is doul>tless sovereign as to such case. prevent it, neither Ku-Klux-Klans, White Leagues, nor any other a.ssociatifln using Mr. SARGENT. Mr. President, democratic sanction to the exercise arms 1~nd violence to oxecute their unlawfur purposes, can be permitted in that way to govern any p:1rt of this country; nor can I see with indifference Union men of such power by a President of the United States is recent. After or repul>licans ostracized, persecutee!, and murdered on account of their opinions., the cessation of hostilities on the 21st of May, lt!65, P!esident Jo~son as they now are in some localities. authorized General Canby to telegraph to the commander of the Show me the man who dares stand up in the face of the American Department of the Mississippi as follows: people and say that the sentiments of the extracts I have reaers or other persons who may attempt to exercise the e functions in difl"erence upon the murder of Union men for their political opinions f opposition to your orders. Who desires to see Ku-Klux-Klans, or White Leagues, or any other President Johnson authorized General Canby, the commander of a sociation of men use arms and violence to enforce unlawful and the Department of Mississippi, to arrest legislators or any person Hlegal purposes At the same time, while it is repugnant to his who should abet legislators in assembling for legislative purposes; feelings to use military force to compel obedience to the laws, he and this was month& after the surrender of the rebel army. I say recognizes it as a constitutional duty. In this very case referred to that there is olishetl and another substituted in its place, by legal and peaceable proceed. of. ing~;, :1t.lopted and pursued by the authorities and the people of the State. ~ir. HAMLIN. To-morTow f 1875. CONGRESSIONAL RECORD. 1 ~~ 7

])lr. STEVENSON. To-morrow has been set apart for the funeral undertook to seize its organization by fraud and violence; that in this attemp£ they trampled under foot law; that they umlertook to make persons not retllTiled ceremontes of Mr. HoOPER. as elected members so as to create a. majority; that they a{)ted under a precon­ :Mr. MORTON. I was not aware of it. certed plan, and under false pretense~ introduced into the hall a. bod~ of men to M:J:. HAMLIN. I saw in the papers that at four o'clock and forty support th<•ir J 'r etensions by force, if necessary, and that confh?t, disorder, and minni-e ~ notice of the decease of Mr. HOOPER will be communicated riotous procee ings followed, ar~ facts that se~m to be well established, and. I am cretlibly inforwetl that these vwlent proceedings were a part of a premeditated to the House, and I saw in the papers also that the services will be in plan to have the house organized in this way, r ecognize what has been called the the Hall of the House to-morrow. I presume the House will send a . McEnery senate, then to depose Governor Kellogg, and so revolutionize the State resolution here acquainting us of these facts and requesting the at­ government. t endance of the Senate to-morrow. If so, then the Sena.tor's sug­ Was it not the duty of the Government to interfere under circum- · gestion can hardly be carried out to-morrow. stances like these¥ :Most of these facts are patent upon the face of Mr. MORTON. Unless the Senate might meet afterward. them and the only one added is that by the President., who states it Mr. HAMLIN. I do not know but that it might take a recess for on reliable authority. The seizure of the house was simply an incident the purpose. of the plan by which the senate was to be revolutionized, by which Mr. STEVENSON. I hardly think we should do that. I hope the the St.ate government was to be overthrown. Now what becomes of Senator from Indiana will not fix to-morrow; at least out of respect the guarantee clause of your Constitution, what becomes of the decis­ to 1\fr. HOOPER, who will be buried from the House. ion of your Supreme Court if all this power in the Constitution falls 1\lr. MORTON. Of course, I do not want to violate any of the powerless before an attempt like this f It is a mere farce, and as I proprieties; but the time of the session is so limited, if ~e expect t_o said before, any power designing to subvert a State government can do anything with this resolution, w~ shall have to remam here until succeed in its ends provided oy force or fraud it can get possession it is dibposed of when we next take 1t up. of the State capitol. Mr. SAULSBURY. I understand several Senators desire to speak But these events in Louisiana are not to be treated as the whole uponit- case. They are but one incident to a long train of circums~an.ces Mr. SARGENT. I believe. I am entitle Constitution into effect members of the house. They had the same right to do this that they adopts for its titl:e the very .words of the Constitution, being "An a rt to provide fol' would have had to protect thereturnin~boardasitwas sittinglisten­ calling forth the militia to execute the laws of the Union, suppress insurrections, incr to the arguments of democratic ana republican lawyers on con­ and repel invasions," continuing the constitutional distinction. te~ted seats and contested questions, if the mob had attempted to break 'Ihe first section of the act provides for the cases of invasion and of insurrec­ tion, confining the latter to the case of insurrection against the goverllJ)lent of a them up. If a White League or an organized force had attempted State. The second section provides for the case of the execution of the laws being to break up the returning board the military would have had the obstru!lted by com?inations too powerful to be ~uppressed by the ordinary course right, it would have been their duty, under the guarantee clause, to of judkial proceeilings or by the powers vested m the marshals. have protected the returning board in this necessary discharge of its ±fie words are these: "Whenever the laws of the Unitecl Sta,tes shall be opposed or the execution thereof obstructed in any St.ate by combinations too powerful to functions, to see that none intruded into its deliberations, usurped its be suppressed by the orclinary course of judicial proceedings or by the powers functions, or broke np its sessions. But is it not audacious for those vested in the lllf1rshals by this act, the same being notifi&l to the President of the rioters who were guilty of the fraud and the force which took r.lace United States by an associate judge or the district judge, it shaJ.L bo lawfUl for the there, who were guilty of the crim13s which were staining then and rresident of the United States to call forth the rnilitrn of such St.ate to suppress such combinations and to cause the laws to be dnly executed." Then follows a. there the legislative history of the Legislature, who were brandishing provision for calling forth the militia of other States. their knives :::md pistols, the agents of a passionate mob outside who The terms of this section appear to contemplate an1l describe somethlng that were encouraging their proceedings by their hideous yells-is it not maybe less than insnrrection. "The combinations" mentioned may indeed amount audacious for these men or those who apologize for them to complain to insurrections, but it is conceivable that they may stop at associations not to comply 'vith the law, supported by riots, a-ssa sinations, anrl murde1'8, and by a. gen­ of those measures which were taken to reduce them to submission to eral spirit in a part of the CODIIDunity which may baffle the ordinary judiciary the lawsf They are the complaining parties, not themajority of the means, with no other aid than the posse comitatus, magistrates, and officers in the Lecrislature of Louisiana, none of the fifty-two members who were execution of their duty. And the objects for which the militia are to be called are expressly not only to suppress these combinations, (whether amounting to insur. entitled to seats there. Those who complain are the White-League rections or not,) but to cause the laws to be duly executed. sergeants-at-arms who turned down the lapels of their coats on the It is therefore plainly contrary to the manifest general intent of the Constitution instant and showed the preconcert by which they were there to pro- . and of this act, and to the positive and express terms of the second section of the duce these very results. Those who complain are the mob and the act, to say that the militia called forth are not to be continued in service for the purpose of causing the laws to be duly executed, and, of course, till they are so ex­ minority on that floor who had usurped the I'ight to organize the ecuted. honse, and sought to effect it by force and fraud. What is the main and ultimate object of calling forth the militia~ "To cause the This seizure of the house was but part of a plan to invade the sen­ laws to be executeu." Which are the laws to l:ie executed~ Those which are op­ ate and seize the rest of the government. The President in his mes­ posed and obstructed in their execution by the combinations described in the pres­ ent case-the laws laying duties npon spirits distilled within tl1e United States, sage says ·with regard to this: and upon stills ; and incidentally those which uphold the judiciary functions. Nobody was disturbed by the military who had a legal right at that time to Wl1en are the laws executed~ Clearly when the oppositi&n is subdued; when occupy a seat in the Legislature. That the democratic minority of the house penalties for disobedience can be enforced ; when a compliance is effectuated. 1288 CONGRESSIONAL RECORD. FEBRUARY 15,

Woulll the mere dis-persion of insurgents :md their retiring to their respective sand men from the polls in terror for their. lives, who have driven homes do this 1 Woulu it ntisfy either member of the proviswn, the suppression them to the woods to subsist upon roo.ts aud aco1·ns or any means which of t.he oombinations, or the execution of the laws~ Might not the former, notwith­ standing the dispersion, oontinue in full viqor, ready at any moment to break out they could get by fugitive processes hiding in terror of their lives, into new act."! of resistance to the laws~ .are the militia to be kept perpetually who within a few days of one election killed hnnflreds of men, marching and cotmtermarohing toward the insur~ents whlle they are embodied, who finally on the 14th of September after many atrocities which and from them when they have separnted and retired 7 Suppose the insurgents, they had committed leading up to t.be event overturned the State hardy enough to wait the ex-periment of a. battle, are vanquished, and then disperse and retire home, are the militia immediately to retire also to give them an opportu­ government, and who were driven from the power which they had nity to reas emble, recruit, and prepare for another battle 1 .And is this to go on usurped by the United States forces, by the tenor of the intervention, ami be repeated withontlimit~ under the guarantee clause, of the President of the United St..'ttes. Such a consb:uction of the law, if true, were certainly a. very unfortunate one, . rendering its provisions essentially nugatory, and leading to endless expense and I ask if the word banditti is not properly n ed under such circum­ as endless disappointment. It could -harciiy be advisable to vex the militia by stances, and if Sheridan has not an illustrious precedent for the use marching them to a distant point, where they migh~ scarcely be arrived be~ore it which he makes of itT would be legally necessary for them to r eturn, not m consequence of havmg ef­ This Sept.ember insurrection to which I refer is not all the picture fected their object-of having "caused the laws to be executed "- but in conse­ ~· quence of the mere strv.t:tgem of a deceitful dispersion anll retiring. by any means. The city for months had been a scene of a reign of r- terror to prevent the voting anu registration of republicans .• Large Mr. SARGENT. On the 14th of September last there was a demand boclies of armed men traversed the republican district , mul'dering on the governor hy a committee of thirty appointed by a meeting held worthy and inoffensive men, as at Coushatta where they a sassinateu in New Orleans that he resign his office. He declined. There was Twitchell, a planter in Red River Parish; Eggleston, sheriff; then an insurrection in the streets of New Orleans. I will say to my Dewees, supervisor; and Holland and Howells, lawyers, two of them. friend from Kentucky, [1\ir. McCREERY,] who remarks to roo, sotto southern born. We all know how that was done, those men being voce, that there was no insurrection there, and hence it was not a promised a safe escort after it was demanded that they should leave parallel case, that there was insurrection in New Orleans, there were the State and resign the offices to which they had been legally and men killed and wounded there by the scores, and the demand they fairly elected. They being under safe escort, a promised, were mur­ made at their meetin~s was the overthrow of the State government. uered on their way to the State boundary. Time would fail t~ What constitutes an msurrection Y Is it not the rising of citizens, of recount all the assassinations for political purposes attending the the populace, against the government '¥ Is it not enforcing their last election in Louisiana, and democratic Senators' ears are offended demand by bloodY Is it not demanding the subversion of the govern­ by the cry of murder, murder! 'Do you not think we :tre tired of the ment f Then if an insurrection existed there, and certainly there was fact of murder, murder'¥ If it is painful for your ears to bear it, is it much more of one than there was in Pennsylvania, where it was simply not painful for us to know that it is committed Y 1·esistance to the excise law, where I believe there was nobody killed, On t.he general state of society the testimony of Ruford Blunt, nobody hurt1 or in extremely rare instances if at all-if that in Penn­ recently a State senator, residing in Natchitoche., taken by the syI vania which Randolph refers to was an insurrection, then for God's House committee recently at New Orleans, is impressive. Describing sake how much more important was the insurrection which took place affairs in the last registration and election in that parish, he says : on the 14th of September in Louisiana, in the city of New Orleans, I seldom slept at. home; other oolored men remained in the woods after the reg­ w ben these consequences of which I speak occurred Y Of course those istering office closed; about five hundred· colored men did not register; some of who were killed were only republicans; they may have been only tho e who registered oould not vote because the r egisterin~ officer spelled their negroes. It may not amount to insurrection to kill men of that SOI;t names wrongly; there was a reign of terror up to election aay; I resigned my po­ although the object is to subvert a government, and those who were sition as senator to save my life; there is a petition in my parish asking Cou~ress to do something to protect oolored people; the oolored men believe that the whites killed were the men who maintained it; but in my mind it is an insur­ int.end to reduce them to slavery again. rection. On election day many of my people wore prevented from votin~ 'lB they chose, In Pennsylvania, by the express order of President Washington, the and some of them voted the White League ticket; they voted tna.t way to Rave themselves; without the presence of troops on election day, I think not more than troops were kept in the field after the dispersion of the insurgents or five hundred oolored men oould have voted; tho white people a!ITeed to employ those who were resisting the excise law. Says Alexander Hamilton men who voted the democratic ticket first., and n e:J>.'t, men who did' not vote at all; in his letter to Lee, who was commanding the forces: the public schools in Natchltoches are free, and at present colored chlldren attend them more regularly than white children; the colored people in the parish would BEDFORD, October 20, 1794. not be safe under democratic rule ; I know ten colored men who voted the demo­ SIR: I have it in special instruction from the President of tha United States now cratic ticket; the hatred of the people is directed t>.~ ainst both negroes and repub­ a.t this place; to convey to you the following instructions for the general direction licans; I don't believe that a good democrat from the North dn.ring the last cum­ of your conduct in the command of the militia army, with which you are charged. paign oould have canvasserl the parish in safety if he had fa.vored fair me?sures ana deprecated intimidation ; the planters and merchants generally manage to s·wi.n­ After giving other directions, he says : dle the negroes out of their earnings ; the feeling of di trust on tl1e part of the When the insurrection is subdued, and the requisite means have been pnt in exe­ oolored people of the whites was not suggested to them by the republicans. cution to secure obedience .to the laws, so as to render it proper for the Army to retire, (an event whlch you will accelerate a-s much as sh:.>Jl be-consistent with the 'Villi am H . Maxey testified before that committee a very important object,) you will endeavor to make an arrangement for detaching such force as you thing, so far as McEnery was concerned, it seems to me. I have a deem adequate, to be stationed within the dis:Ui'ected country in such a manner aa short extract from his testimony, which I have separated from the best to afford protection to well-disposed citizens and to the officers of the r evenue, ret: and to repress by their presence the spirit of riot and opposition to the laws. It was impossible to have a fair registration a.nd election. Last yea.r, when Mr. Mc­ Now, that is just what President Grant did after the 14th of Sep­ Enery made a speech in Homerandonein Winu, abouthalfwaythroughhisspeech tember. When by his proclamation the insurgents had been dispersed he said there were too many Maxeys and Bla.ckburus; if some of them were hung by the show of military force which was made there and quiet was it would be a. good thing. restored, although tl10 insurgents did not give up the arms which Here was on the part of this man, pretending to have been elected feloniously they had taken from the State authorities, he kept the governor of the State, an inciting to these -very atrocities to which I Army there as a corps of observation, "to afford protection to well­ have referred. Suppose Governor Allen, of Ohio, or some other govern­ disposed citizens, and to repress by their presence the spirit of riot or, should in the face of an election, during a heated can-vass, make a. • and opposition to the laws," and so they were there and so continu­ s'uggestion in reference to his opponents or those who were organiz­ ing to the 4th day of January, 1875. So Sheridan found them when ing the opposition party, endeavoring to prevail in the election, thn.t he ~ent there and spoke of the condition of things and the banclitti it would be better if they could be hung or made away with or got which were traversin9: that State. 0, yes; that is a terrible phrase, out of the way, there were too many of them; how would the people this word "banditti ! ' How is it possible that a man of Sheridan's of Ohio and the whole North recoil with horror at snch a suggestion! character could have uttered it! I find in a letter of Edmund Ran­ We have been so accustomed to this White-League nlffiani m in th"' dolph, written by the direction of Washington, to Mifflin, governor South that we look on these things almost with indifference when of Pennsylvania, these words applied to the persons who were resist­ tluiy occm· there. ing the laws of Pennsylvania: Here is the testimony of the editor of the Caucasian, a violent, .An armed banditti­ outspoken ·wliite-League editor, in which he makes few conceal- He says- ments : · NEW ORLEANS, February 5. in clisguise, had recently gone to the house of :m officer of the revenue in the night't attacked it, broken open the doors, and, b.Y menaces of instant death, en­ In the cross-examination of Mr. Hunter, the editor of the Caucasian, before the forced '!ly pistols presented at him, had compelled a surrender of his coiillilll;sion con~essional oommittce yesterday, Mr. FnYE read several oxtraot.':! from that paper and asked witness if such extreme ideaa were his opinions, anll he replied in and books of office. the affirmative. Witness said, "My associate editor participated in the Grant This word is, contemporary with Washington's administration, ap­ Parish massaere; the republican newspaper was mobbeu and material destroyed; the persons who did it were employes of the democratic newspaper; my father, R. plied to lawless men who go about with arms at night to interfere Hunter, is a la-st-ditch democrat." The letter now producell st..

could hold my own; fifty-irlne co1ored men were killed at Colfax and two white men died; the Caucasian praised 1

TE~ AND PACIFIC RAILROAD. WESTERN UNION TELEGRAPH COMPANY. Mr. ATKINS presented a joint resolnt i,on of the Legi~lature.of the l'l:fr. DAWES, by unanimous consent, submitted the following reso­ State of Tennessee, in reference to the Texas aud Pam.fic Ra1lroad; lution; which was read, considered, and agreed to: which was refened to the Committee on Railways and Cru1als, and R esolved, That the Committee on the .Judiciary be directed t{) inquire jf the ordered to be printed. W estern Union Telegrnph Company ha.ve refused to transmit dispatches for the American Press Association or any other parties among the several Smtes on AMENDATORY ACT. account of criticisms by such association on said telegraph company, with power :Mr. CRUTCHFIELD introduced a bill (H. R. No. 4706) to a.mend to send for persons and pa.pers, and to report by bill or otherwise. the act of July 4, 1864, and for other purp;0ses; which.was ~e.ad a first Mr. DAWES moved to reconsider the vote by which the resolution and second time, refened to the Comm1ttee on the J udimary, and was adopted; nnd a.lso mo>ed that the motion to reconsjder be laid ordered to be printed. · on the table. RELIEF OF CERTAIN PROP~TY-OWNERS IN WASHINGTO~. The latter motion wa.s a.greed to. Mr. WILLIAMS, of Indiana, introduced a bill (H. R. No. 4707) for WISCONSIN CENTRAL RAILROAD. the relief of property-owners in squares numbered 728, 7~9, and_731, 1\fr. McDILL, of Wisconsin, by unanimous consent, introduced a in the city of Washington; which was read a fu·st aud second time, bill (H. R. No. 4716) authorizing the Wisconsin Central Railroad referred to the Committee on Appropriations, and ordered to be Company to straighten the line of their road; which was rea-d a first printed. and sAcond time, referred to the Committee on the Public Lands, and STEAMBOAT NEW ERA, Nm1BER FIVE. ordered to ue printed. 1\fr. CLEMENTS introduced a bill (H. R. No. 4708) to authorize the CHARLES M. BLAKE. p ayment of prize-money to the captors of the steamboat New Era, Mr. PAGE, by unanimous consent, introduced a joint resolution (H. No. 5, and cargo ; which wa~ ~ead a first and second t~e; referred to R. No. 15G) for the relief of Charles M. Blake, late chaplain of the the Committee on Naval.A.ffrurs, and ordered to be prmted. United States Army; which was read a first and second time, referred TAX UPON TOBACCO. to the Committee on Military Affairs, and ordered to be printed. 1\fr. BUCKNER presented a joint resolution of the Legislature of PONTON BRIDGE ACROSS MISSOURI RIVER. the State of Missouri, protesting against the further increase of the. Mr. CROUNSE, by unanimous consent, introduced a bill (H. R. No. tax on tobacco; which was referred to the Committee on Ways and 4717) authorizing the Nebraska City Bridge Company to con truct a Means, and ordered to be printed. ponton bridge across the Missouri River at Nebraska City, in Otoe County, Nebraska; which was read a first and second time. l'eferred • GEORGE W. HOUSE. to the Committee on Commerce, and ordered to be printed. Mr. HYDE introduced a bill (H. R. No. 4709) granting a pension to Georo-e W. House; which was read a first and second time, re­ DONATION OF CONDEl\n.~ ORDNANCE. ferred t~ the Committee on Invalid Pensions, and ordered t.o be Mr. GARFIELD, by unanimous consent, introduced a bill (H. R. printed. No. 4718) authorizing the Secretary of War to deliver condemned ord­ LEWIS B. CHRISTIE. nance to Post No. 28 of the Grand Army of the Republic, of Geneva, Mr. WALDRON introduced a bill (H. R. No. 4710) granting a pen­ Ohio; which was read a first and second time, referred to the Com­ sioll to Lewis B. Christie; which was read a first and second time, mittee on Military Affairs, and ordered to be printed. referred to the Committee on Invalid Pensions, and ordered to be HASTINGS AN'I). DAKOTA RAILROAD. printed. Mr. STRAIT, by unanimous consent, introduced a bill (H. R. No. SETTLERS ON PUBLIC LANDS IN FLORIDA. 4719) relating to the lands granted to aid in the construction of the Mr. WALLS introduced a bill (H. R. No. 4711 )for the relief of persons Hastings and Dakota Railroad in the State of Minnesota; which who have settled upon the public lands in the State of Florida; which was read a :first and second time, referred to the Committee on the wa.s read a first and second time, referred to the Committee on Pub­ Public Lands, and ordered to be printed. lic Lands, and ordered to be prii~ted. DONATION OF CONDEl\'lNED ORDNANCE. CAROLnl~ CLARKE. . Mr. BIERY introduced a bill (H. R. No. 4720) authorizing the Mr. WALLS also introduced a bill (H. R. No. 4712) for the relief of Secretary of War to deliver condemned ordnance to Farra~t Post Mrs. Caroline Clarke of Fernandina, Florida, for property destroyed No. 214, Grand Army of the Republic; which was read a first and by United States gun-boats in 1862; which was read a first and second second time, referred to the Committee on Military .AJfairs, and time, referred to the Comtnittee on War Claims, and ordered to be ordered to be printed. printed. BINDING OF CENSUS RETURNS. GOVERNMENT FOR THE DISTRICT OF COLUMBIA. l'l:fr. DONNAN, by unanimous consent, submitted the following Mr. HERNDON introduced a bill (H. R. No. 4713) for the better resolution; which was read, considered, and agreed to: government of the District of Columbia; which was read a fu-st and Reso~ved , That the Committee on Printing be instructed to inquire into and second time, referred to the Committee on the District of Columbia, report upon the propriety of having the manuscript returns of the first and ninth and ordered to be printed. . censuses suitably bound for their better preservation and for more ready reference · Mr. RilTDALL. I ask that the bill be read in full. thereto. The Clerk began the reading of the bill, but before concluding-- JOSEPH RUOHS. Mr. CRUTCHFIELD introduced a bill (H. R. No. 4721) for the relief ORDER OF BUSINESS. of JosephRuohs; which wasread a :first and second time, refened to The SPEAKER. The morning hour bas expired.- · the Committee on the Judiciary, and ordered to be printed. .. Mr. HAZELTON, of Wisconsin. I move to suspend the rules to take from the Speaker's table and pass the bill (S. No. 141) for there­ l\IAJOR HUGO HILLEBRANDT. lief of certain contractors for the construction of vessels of war and Mr. MAcDOUGALL introduced a bill (H. R. No. 4722) granting ar­ steam-machinery. rears of pension of Major Hugo Hillebra.ndt, late of Thirty-ninth Mr. BUTLER, of Massachusetts. I ask the gentleman to yield for New York Volunteer Infantry; which was read a first and second the reference of bills. Many of us have been deprived of the oppor­ \ime, referred to the Committee on Invalid Pensions, and ordered to tunity to present bills for reference this morning. be printed. Mr: HAZELTON, of Wisconsin. I yield for that purpose. PRESERVATION OF GA!IE.

llfPROVEMfu~TS OF MOUTH OF MISSISSIPPI. Mr. MAcDOUGALL also introduced a bill (H. R. No. 4723) for the preservation of game in the District of Columbia; which was read 1\Ir. STANARD, by unanimous consent, reported from the Commit­ a first and. second time, referred to the Committee on the District of tee on Commerce a bill (H. R. No. 4714) for the improvement of the Columbia, and ordered to be printed. mouth of the Mississippi River; which was read a first and second time, ordered to be printed, and recommitted. CLAIMS OF DISTRICT WORKING11IEN. GENEVA AWARD. Mr. O'BRIEN, by unanimous consent, presented a petition of work­ ingmen of the District of Columbia, showing the indebtedness of Mr. BUTLER, 6f Massachusetts, by unanimous consent, intro­ each contra-ctor of the late boa,rd of public works of the District of duced a bill (H. R. No. 4115) to amend the act entitled ".A.n act for tb e Columbia to the workingmen of said District; and also the claims creation of a court for the adjudication and disposition of certain of workingmen against the late board of public works, showing the moneys received into the Treasury under the Geneva award; " which amounts due to ea-ch workman by said board; which were referred w as read a first and second t1me, referred to the Committee on the to the Committee on the Distriet of Columbia, and ordered to be Judiciary, and ordered to be printed. printed. · PRESERVATION OF FISH. PENITENTIARY BUILDINGS, ARIZONA AND DAKOTA. Mr. LUTTRELL, by unanimous consent, presented concurrent res­ l'l:fr. McCORMICK introduced a. bill (H. R. No. 1724) to authorize olutions of the Legislature of the State of Nevada, relative to the the erection of penitentiary buildings in the Territories of .Arizona preservation of fish in the Truckee River, and for other purposes; and Dakota ; which wa.s read a first and second time, referred to the whioh was referred to the Committee on Indian Affairs, and ordere~ Committee on Public Buildings a.nd Grouuds, and ordered to be to be printed. v printed. 1875. CONGRESSIONAL RECORD. 1291

THOi\lA.S F. RYAN A.ND CHARLES J. K:mGHT. Speaker's table and put on its passage joint resolution (S. R. No. Mr. KASSON, from the Committee on the Judiciary, reported a bill 15) authorizing Thomas W. Fitch, engineer United States Navy, to (H. R. No. 4725) for the relief of Thomas !I'· Ryan and Charles J. accept of a wedding present sent to his wife, .Mrs. 1\Iinnie Sherman Knight; which was read a first and second time, referred to the Com­ Fitch. mittee of the Whole House on the Private Calendar, and ordered t.o The resolution, which was read, authorizes Thomas W . Fitch, engi­ neer in the United States Navy, to accept a wedding pre ent of jew­ be printed. elry sent to his wife, 1\Irs. Minnie Sherman Fitch, by the Khedive of FIRST NATIO~AL BA....'Iffi: SAINT ALBANS. Eider Michigau. be la.id on the table. WESTERN lThTION TELEGRAPH COMPANY. The latter motion was agreed to.

Mr. MERRIAM. I move to reconsider the vote on the resolution DISTRICT JUDGE OF VF.R::\1:0~~ . in regard to the Western Union Telegraph Company. I did not know Mr. P9TTER. I am directed by the Committee on the Judiciary what it was when it passed. ]!lr. BUTLER, of Massachusetts. The motion to reconsider was to move to take from the Speaker's table Senate bill No. 1012, for the relief of the district judge of Vermont, in order that it may be put laid upon the table. The SPEAKER. The Chair thinks the gentleman from Ma sachu­ upon its passage at this time. · setts who offered the resolution made the usual motion to reconsider, The preamble states thn the present incumbent of the office of and that was laid upon the table. district judge for the district of Vprmont is incapacitated by sickness Mr. MERRIAM. It passed through so rapidly that I did not know and paralysis from performing tir'e duties of his office, which inca­ pacity is believed to be permanent; and the bill then provides that, at the time what 1t was. the resignation of the districtjudgeforthe district of Vermont being The SPEAKER. Wa-s the gentleman in his seat 7 tendered and accepted by the President of the Unit-ed States, the 1\fr. MERRIAM. I wa-s in my seat. The SPEAKER. The Chair did not hear the gentleman from New salary now received by said ,judge shall be continued to him during ills natural life, payable in the sa.me manner and form as if he ac­ York object. · · tually performed the duties of his office. 1\fr. MERRIAM. I did not object. I did not lmow what it was. There being no objection, the bill was taken from the Speaker's ~fr . BUTLER, of Ma-ssachusetts. That is not an uncommon thing. table, read a first and second time, ordered to a thircl reading, and it The SPEAKER. It is now too late. was accordingly read the third time, and passed. ENROLLED BILLS. JI.Ir. POTTER moved to reconsider the vote by which the bill was Mr. DARRALL, from the Committee on Enrollerl Bills, reported passed; and also moved tha.t the motion to reconsider be laid on the that they had examined and found truly enrolled bills of the follow­ table. ing titles; when the Speaker signed the same : The latter motion was agreed to. .A.n act (H. R. No. 1317) to enable Ann Hathaway, executrix of the last will and testament of Joshua Hathaway, deceased, to make ap­ TF.XAS INDE1\'l1\TJTY BONDS. plication to the Commissioner of Patents for the extension of letters­ The SPEAKER. .A.t the expiration of the morning hour the gentle­ patent for improved device for converting reciprocating into rotary manfromWisconsin,[l\Ir.H.A.ZELTON,]oftheCommitteeon·warClaims, motion; obtained the floor to move to take from the Speaker's table and pass .A.n act (H. R. No. 2103) giving the approval and sanction of Con­ under a suspension of the rules the Senate bill No. 141, for the relief gress to the route and termini of the .A.nacost.ia and Potomac River of certain contractors forthe construction of vessels of war andst.eam­ Railroad, and to regulate its construction and operation; machinery. But prior to that there is amotion ofthegentlemanfrom .A.n act (H. R. No. 2109) for the protection of the United States cus­ New York, [1\Ir. TREM.A.L.~,] which comesoverfroru l\Ionday last, todis­ tom-house in the city of Louisville, Kentucky; charge the Committee of t he ·whole House on the state of the Union .A.n act (H. R. No. 3424) for the relief of Thoma-s Winans and Will­ from the further consideration of the bill (H. R. No. 4001) to provide iam L . Winans. for the redemption of overdue bonds of the United States known a.s .A.n act (H. R. No. 4335) authorizing John Hazeltine to make appli­ Texas, indemnity bonds and to pass the same under a uspen ion of the cation to the Commissioner of Patents for the extension of his patent rules. That motion, except by unanimous consent, must take prece­ for a new and useful water-wheel; and dence of the motion of the gentleman from Wisconsin to suspend the · .A.n act (H. R. No. 4444) to amend an act entitled ".A.n act for the rules. government of the District of Columbia, and for other purposes," The Clerk will read the bill which t.he gentleman from New York approved June 20, 1875. desires to be passed under a suspension of the rules. Mr. PENDLETON, from the same committee, reported that they The bill was read, as follows : had examined and found truly enrolled bills and joint resolutions of Be i t enacted, cf:c., That the Secretar y of the Treasury be, and he is hereby, di­ the following titles; when the Speaker signed the same: rected to pay to the governor of tho State of Texas, for the u e of that State, the .A.n act (H. R. No. 1799) granting a pension to Angelica Hammond; par value of one hundred and fifty.one bonds of the United ta.te , and the coupons (1ue thereon, numbered 4544 to 4694. consecutively and both inclusive, of the series An act (H. R. No. 3658) for the relief of William J. Coite; of bonds i ·sued under the act of September 9, 1850, known as Texas indeiillllty .A.n act (H. R. No. 4535) providing for the distribution of the Revised bonds, and to enter the same on the books of the Treasury as redeemed, upon the Statutes of the United States; oxecut.ion to the United States by the State of Texas of a bond to indemnify the .A.n act (H. R. No. 4546) to correct errors and to supply omissions in nited States for any loss th~y may sustain in consequence of such payment in the penal sum of $250,000; such bond to bo duly authorized by the Le~~slature of the Revised Statutes of the United States ; and tho State of Texas, and to be approved by tho Attorney-General of me United Joint resolution (H. R. No. 148) authorizing the President to appoint States. a commissioner to attend the international penitentia.ry congress at Mr. D.A. WES. I desire to make an inquiry. It seems to be gener­ Rome. ally understood that all legislation affecting bonds of the United PREFERENCE OF AMERICAN LABOR AND MATERIAL. States should come from the Committee on Ways and Means. Is Mr. SHERWOOD, by unanimous consent, submitted the following there any reason why this bill shoulC\ be an exception to that rnle f resolution; which wa-s read, considered, and agreed to: Mr. BUTLER, of Massachusetts. ·with the permission of the Honse Resolved, That when the Army appropriation bill shall be under consideration it I will give a brief explanation. During the war a portion of the in­ shall be in order to consider the following amendment: demnity bonds which were in the pos ession of the State of Texa-s, In all contracts for material for ::my public improvem nt the Secretary of War shall give preference to .American material, and all labor thereon shall be performed belonging to that State, were taken and carried away to Europe. .A. within the jurisdiction of the United Stares. suit was brought against the holders of the e bonds of the United States, and the Supreme Court of the United StD.tes decided that they HOUR OF DAILY MEETING. belonged to the State of Texas, and were not properly tn.ken from the Mr. GARFIELD submitted the following resolution; which wa.s treasury of the State of Texas. read, considered, and agreed to : . · Mr. HAZELTON, of Wisconsin. I rise to mn.ke a pn.rliamentary R!38olved, That hereafter, until otherwise ordered, the House shall meet

Mr. HAZELTON, of Wisconsin. Then I object to debate. the part of the contractors: And provided further, That the compensation :fixed by the contracts between the contractors and the Government for specific alterations Mr. DAWES. On a motionof so much importance as this some ex­ shall be conclusive a-s to the compensation to be made therefor: And provided fur­ planation should be left on record. titer, That all moneys paid to said contractors by the Government, over and above Mr. BUTLER, of Massa.chusetts. The report of the Committee on the oii,ninal contract price for the building of said vessels and the construction of the Judiciary is on the record. A.ll this that I am stating is matter said machinery, shall be deducted from any amounts allowed by said court by re.'l.· son of the matters hereinbefore stated; and if the amounts so to be deducted in of record. any case shall exceed the amount allowed by said court, judgment shalllle en tered Some of these bonds, the bonds included in this bill, were carried for the excess against such elaimant in favor of the United States; and nid court to England, and the man who has them will not put himself within is directed to certify such judgment and record to the circuit court of the circuit the jurisdiction of the courts to h ave the question settled. There­ where auchclaimantreside ; and said circuitcomt is hereby vested with authority to issue execution and to enforce its collection the same as if said ,iudgment had fore this bill is offered simply to allow the United States to pay the originally been tendered therein: And providedfurthm·, That if any of such changes interest on these bonds to the State of Texas until this man appears caused less work and expense to the contractors than the original plana and speci­ with them, upon the State of Texas giving a bond authorized by the fications, a corresponding reduction shall be made from the contract price, and the Legislature to indemnify the United States for any loss they may amount thereof be deducted from any allowance to be made by said court to said claimants : And provided further, That all claims under the provisions of this act sustain in consequence of such payment. shall be presented within one year from the pa-ssage thereof and not afterward; 1\fr. DA. WES. What hinders the State of Texas from proceeding and the claimants in their petitions shall stipnla.te and a,ill, James W. McDill, Mitchell, Moore, Morey, Myers, N~ley, Nesmith, The House again divided; and the tellers reported-ayes 112, Niblack, Niles, Nunn, O'Neill, Packer, Pag;e, Isaae C. Parker, • .l'elham, P erry, Phelps, Pierce, James H. Platt, jr., Poland, Pratt,.Rainey, Rapier, l!!Ly, Richmond, noes 43. Rusk, Sawyer, Milton Sayler, Schell, Henrv J. Scudder, 'isaac W. Scudder, Sheats, So (two-thirds having vot.ed in favor thereof) the rules were sus­ Sheldon, L a~arus D. Shoemaker, Sloa~h~~ss, Small, Smart, George L. Smith, H. pended and the bill was passed. Boardman Smith, J. Ambler Smith, w· . A. Smith, Stanard, Standiford, Stark· weather, Charles A. Stevens, St. John, Stone, Stowell, Strawbridge, Taylor, Chris­ RELIEF OF CONTRACTORS. topher Y. Thomas, Thompson. Waddell, Wallace, Walls, W ells, White, White· 1\fr. HAZELTON, of Wisconsin. I now move that the rules be sus­ house, Whiteley, John M. S. Williams, Jeremiah M. Wilson, and Wolfe-133. NAYS-M~ssrs. Adams, Archer, Arthur, Ashe, Atkins, Barber, Beck, Bell, pended, and that the bill (S. No. 141) for the relief of certain con­ Bright, Bromberg, Brown, Buckner, Buffin ton, Burchard, Caldwell, Cannon, Cason, tractors for the construction of vessels of war and steam-machinery Cessna, Freeman Clarke, Clayton, Clements, Clymer, Conger, Crittenden, Cro land, b e taken from the Speaker's table and pa sed. Curtis, Danford, Duell, Durham~.,....Field, Giessels of war and in the construction of steam-machinery, NOT VOTING-Messrs. Barry, Blount, Burrows, Carpenter, Chittenden, Coburn, in tho completion of the same by reason of any changes or alterations in the plans Comingo, Cotton, Creamer, Davi , Dawes, De Witt, Eden, Eldredge, RobertS. Hale, and pe'lilicn.tions req1..lired, and delays in the prosecution of the work, which were John T. Harris, Herndon, E. Rockwood Hoar, Hm·Ibut, Kendall, Killinger, Lamar, not provided for in the original contract; but no allowance for nny advance in the Lansing, Lewis, Lowe, Luttrell, Marshall, McKee, McLean, Mills, Orth, Hosea W. price of labor or material snaU be considered unless such advance occurred during Parker, Parsons, Purman, Ransier, Ellis H. Roberts, William R. Roberts, James C. the prolonged term for completing the work rendered necessa.ry by-the delay re­ Robinson, Ross, John G. Schumaker, Scofield, Sessions, Snyder, Spra~e, Alex­ sulting from the action of the Government, and then only when such advance ander H. Stephens, Swann, Sypher, Town end, Tremain, Vance, W:i..lber, George could not have been avoided by the exercise of ordinary prudence and diligence on Willard, Willie, Ephraim K. Wilson, Wood, and Woodworth-56. 1875. CONGRESSIONAL RECORD. 1293

So (two-thirds not voting in favor thereof) the rules were not sus­ The bill was ordered to be ·enarossecl and read a third time; and pended. being engrossed, it was accordingTy read the third time, and pas etl. During the roll-call the following proceedings took place: Mr. HENDEE moved to reconsider the vote by which the bill was Mr. COOK said: I desire to state that my colleague, Mr. BLOUNT, passed; and also moved that the motion to reconsider be laid on the is detained at his home by sickness. table. 1\fr. COTTON. I ask unanimous consent that the reading of the The latter motion was agreed to. names be dispensed with in order to save time for the Committee on the District of Columbia, which was entitled to the floor at two TAX :BILL FOR THE DISTRICT OF COLUMBIA. o 'cloc~t and it is now nearly ha1f past two o'clock. Mr. COTTON, from the Committee on the District of Columbia., Mr. .t'.A.RKER, of New Hampshire. I object. report.ed as a substitute for House bill No. 4688 a bill (H. R. No. 47:ZS) The list of the names was then read. and the result of the vote an­ for the support of the government of the District of Columbia for nounced as above recorded. the fiscal yea.r ending June 30, 1876; which was read a first and MESSAGE FROM THE SENATE. second time. The question was upon ordering the bill to be engrossed ane deemed to have been made ou tbo several funds and for the different purposes indicated in the second section of HAnMER,] the chairman of the Uornmittee on the District of Coltun­ this act; and an equal pro rata proportion of the payments so made shall be car­ bia., to yield to me to offer a resolution to fix a day for the considera­ ried to the credit of the respective funds. tion of n, certain bill. SEc. 4. That if oue.half of the tax herein levied upon the real and personal prop­ Mr. HAIUIBR. Will it lead to debate f erty taxed by this act shall not be :{laid on or before the 1st day of Octobt'r, 1 75, saiii in tallmcnt shall thereupon be m arrears and delinquent; and there shall be Mr. STA..."N"ARD. It will not. added, to be collected with such taxes\ _a penalty of 2 per cent. upon the amount lli. RA_._~DALL. Defore I give consent, I ask that the resolution be thereof on the first day of each succeeo.in a month until payment of saiu installment read. and penalty. And if ~:~aid installment sha'ii not be paid on or before the 1st day of Ur. STANARD. I submit the following resolution: April, I R76, together with the one-half of said original tax due on or before said 1 t day of April, a like penalty shall be added on saicl last one-half of such tax; and Resolved, -Tha.t the rule be suspend&'!. so that substit-ate for Ilouse bill No. 4620, the whole together shall constitute the delinquent tax on such part or parcel of for tho improvement of the month of t he Mississippi Ri>P.r, shall he matlo a special land, to be dealt with and collect-ed in the mauner prescribed by law. ortler for consideration in tho llouse on Thursday, the 18th day of :b'ei.J1-u:.tr,\·, 1875, SEC. 5. That it shall be the duty of the collector of taxes in said District to pre­ at tho hour of one o'clock p. m., and t hat the previous question ~hall be cuUe..I on pare a complete list of all taxes, on real property npon which the same are assessed, the ~arne at four o'clock on the same day. m arr ars on the 1st dav of May, 1876; and he shall, withm ten davs thereafter, publish the same, with 'a notice of sale, in the r~l?ular issue of a dally new paper Mr. GARFIELD. I object to that. published in said Di trict, to be desi~ated by me commissioners of the District Mr. ON GER. I ask that the substitute may printed. or their successors in office, once a week for three ucccssive weeks, giving notice There was no objection. t.hat if said taxes due, together with the penalties and costs that may have Mr. HARMER. I now yield to my colleague on the committee, accrued thereon, shall not be paicl prior to tho day named for sale, the property will be sold by the said collector at public auction, at the south front of tho court. the gentleman from Vermont, [:Mr. HE...~DEE.] house, in the city of Washington, to the highest bidder or bidders. Upon t.he day specified in such advertisement, the collector shall proceed to sell any and all CAPITOL, NORTH 0 STREET Ai'\"'D SOUTH WASHINGTO~ RAILWAY. property upon which said tuxes remain unpaid, and continue to sell the same every 1\fr. IIE .~. IDEE. I am instructed by the Committee on the District day until all the real property as aforesaid shall have been brought to auction. of Columbia to report back Rouse l>ill r o. 2102; to incorporate the Immediately alter the close of the sale, upon payment of the purchase.mon ey, he shall issue to the purchaser a certificate of sale; and if the property shall not be Capitol, North 0 Street and South Washington Railway Company, redeemed by the owner thereof within one year from the day of sale, by payment w h.ich with the Serrato amendmeu ts thereto wn.s referred to t.he com­ of the a.mountforwhich it was soldatsuchsale, and 15percent. per annum thereon, mittee, and to recommenu that the amendments of the Senate be con­ a deed thereof shall be given by the commissioners of tho District, or their succe. sors cm·red in. in office, to the purchu er at the tax sale, or the as ignee of such certificate, which deed shall be admitted and held to be a good and perfect title in fee-simple to any Mr. ELDREDGE. I desire to state that the amendments made by property bought at any sale herein aatliorized: Provided,, however, That no such the Senate to this bill are principally in relation to changes of loca­ deed shall be given until after the expiration of thirty days from the time the tion of the railway, as for instance from Twelfth street to Eleventh party occupyin~ said real estate, should it be actually occupied, and the owner thereof, if a resident of said District, shall have had at least thirty days' notice in street. writing from the purchaser or the assignee of the certificate of the fact of such sale .Mr. POTTER. I ask that the amendments be all read. anti of the day of t.he expiration of the time for redemption; which notice shall be 'l'he amendments were read. in such form as the commissioners of said District or their successors shall pre­ The SPEAKER pro tempo're. If no separate vote is asked upon these scribe : And providectjurther, That no property advertised as aforesaid shall be sold upon any bids not sufti.cient to meet tl:J.e amounts of tax, penalty, and co ts; amendments, the question will be upon concurring in the Senate but in case the highest bid upon any property is not sufficient to meet the taxes, amendments. penalty, and costs thereon, said property shall thereupon be bid off by the said com­ Tho amendments of the Senate were concurred in. missioners, or their successors in office, in the name of the District of Columbia; Mr. HENDEE moved to reconsider the vote by which the amend­ and if within one year thereafter such property is not redeemed by the owner or owners thereof, by the payment of the taxes, penalties, and costs clae at the time ments of the Senate were concurred in ; and also moved that the of the offer of t.he saJe, and10 p er cent. p er annum t.hereon, adeedforsaidproperty motion to reconsider be laid on the tn,ble. shall be made to s.1id District, as in cases of individual purchasers: Provictect also, The latter motion was agreed to. That previous to the makin~ of such deed, notice shall be given to the occapant and owner, a-s provided in tne case of a sale to an individual: And provided also, STREET CLEANING IN THE DISTRICT. That minors or other persons under legal disability be allowed one year after such Mr. HENDEE, from the Committee on the District of Columbia, minors coming to, or being of, full age, or after the removal of such legal disability, to redeem the property so sold, or of which the title has, as afore aid, become r eported a bill (H. R. No. 4727) expbnatory of the act passed June vested in the District of Columbia, from the IJurchaser or purchasers his, her, or 20, 1874; which was read a first and second time. their heirs or assigns, or from the District of Columbia, on payment of the amount The question was upon ordering the bill to be engrossed and read of purchase-money so paid therefor, with 10 pel' cent. per annum interest thereon a third time. as aforesaid, and ill taxes and a sessments that have been paid thereon by tho pur­ chaser, or his assign , between the day of sale and the p riod of snch redemption, The bill provides that it was the true intent and meaning of tho 10 per cent. per annum intere ton the amount of such taxes and asses ments, and act passed June 20, 1874, for the government of the District of Co­ also the value of improvements which may ha>e been made or .erected on such lumbia, that the sweeping, cleaning, and removing all refuse and property by tho purchaser or by the District of Columbia, while the same was in filthy accumulations in the streets, alleys, and avenues of the cities his, her; or their or its possession. · SEc. G. That tho collector of taxes, immediately after he shall have made sale of of \Vashington and Georgetown, n,nd the repairs and cleaning of the any property as aforesaid, sball file with the comptroller a written report, in which sewers, are necessary municipal objects, which belong to the current he shall give a statement of the property advertised and the property sold, to expenses of the same, to be paid for in money as other ordinary mu­ whom it was aasessed, the taxes due, to whom sold, the amount pUJ.d, the date of nicipal expenses; and directs the proper District authorities to pay sale, the cost thereof, and the sarplas, if any, and the lands so as aforesaid sold to the parties that have heretofore performeu this cla-ss of work, from ~~0a~~s!:e.~l\s~: !~1 ~er=~~·~ili~c!!~~~~ ~~ ~~ foe~~~t~C:eili~t~ft~! tlle treasury of said District, out of any money not otherwise appro­ sm-plus fund, to be prri.u to tbe owner or owners, or their legal representatives, in priated, the amount :1nd value of said work done since the passage tho same manner as other payments matle bytbe District of Columbia. of the act, with legal interet from the time the same fell due under SEC. 7. That whan the installment of one-half of the taxes ou personal property so as aforesaiu dae and payable on or before the Ist day of October, 1875, shall not the contract, but not till after their accounts have been approYed and ho paitl on or before said date, or when the remaining installment shaU not be paid auditecl as the law directs. on or before the 1st day of April, 1876, then, and in either such event, the collector -1294 CONGRESSIONAL RECORD. FEBRUARY 15,

of ta.xes may distrain sufficient goods and chattels found within said District, and by the improvement contra{) ted for, and such assessments shall be assessable and belonging to the _person, persons, association, firm, or corpomtion, charg-ed with and collectible only on completion of tbe workoQJld in the same manner and in the such tax, to pay tho taxes remaining due under the provisions of this law from same proportion us such assessments are under existing laws. But before the mak­ such persons, firm, association, or corporation, together with the penalty thereon ingof any such contract, the plan of improvement proposed shall be submitted for and the costs that may a-ccrue; and thereupon said collector shall iUUDediately pro­ approval to a board of officers, to consist of the Chief Engineer of the .Army, the ceed to advertise the same, by public notices posted conspicuouRly in front of the engineer in chief of public buildings and grounds, and the engineer in charge of court-bouse and in the ollice of said collector, and by advertisement three times for the public works of the District of Columbia. • one week in some daily newspaper published in airl District, stating the timo when SEC. 16. That the third section of the a{)t of the Legislative Assembly of the and pla{)e whore suchfroperty shall be sold, all such publications to be at le:Jst six District of Columbia entitled "An act pre cribing the mode of assessment for days before the day o sale; and if tho taxes and penalty thru·eon for which such special improvements and providing for the collection thereof," approved ..A urru t property shall have been distrained, anu the costs and expense which shn,ll h..·we 10, lfs71, shall be, and is hereby, amended so that all sales under said law shall ho accrued thereon, sllall not be paid before the day fixed for such sale, which shall ad verti ed twice a week for three successive wooks, instead of as heretofore required. be not less tlian ten days after the taking of such proper ty, the collector shall pro­ SEc. 17. That the property of the District of Columbia shall be exempt from ceed to sell, at public auction, to the highest bidder, such property, or so much distraint, attachment., levy, and sale on execution or decree of any cotut; and said thereof as may be sufficient to pay said taxes, penalty, and accrued costs and ex­ District shall not be made garnishee in any sui t at law, or bo compelled in equity to p en e of such distraint and sale. The place for making all such sales shall bo in pay to one person what said District has or shall have contracted to pay to another. front of the cotu~house . The collector of taxes shall be allowed, for makin1:1 such distress and sale, the same fees as are now by law allowed to the marshal of sai«l Mr. RANDALL. I raise the point of order that this bill must re­ District for making levy and salo of property under execution. Said collector shall ceive its first consideration in Committee of the Whole. r f'portindetail every suP-h dis~ess and sale, in. wl'iting, to ~be commissioners of the The SPEAKER p1·o tempm·e. The point of order is well taken; and Di trict or tb ir successors m office ; and h1s accounts, m re pect to every such distress or sal , shall forthwith be submitted by him to the accounting officers of the Chair desires to remind the gentleman having the bill in charge the Distl·ict anu audited by them. .A:ny surplus resultinJr from such sale shall be that if the Hou c should go into Committee of the Whole at this paid into the treasury of the District, and, upon being cl&imed by the owner or time, this bill would be the first thing upon the Calendar of District owners of the goods and chattels, shall be paid to him. business. SEc. 8. T he property exempt from t:txahon under this act shall be the following and no other, namely: First, houses for the reformation of offenders, almshouses, Mr. RANDALL. I have no objection to going into Committee of buildings devoted to art or belonging to institutions of purely IJU blic charity; hoUBes the Whole; but I desire that we shall have full opportunity to dis­ to improve the condition of seamen or soluiers; free pubhc library builafuy Congress. h ereby authorized to reduce, adjufit, and equalize the pay or salaries of all officers Taking the ba-sis as furnished by the commissioners, that is tho de­ or employe!:! payable from the funds of the District government in whole or in part: ficit which Congress must expect to meet by an appropriatiou, if this Provided, however, That the aggregate sum of pay and salarie.s shall not be in­ rate of t~txation be adopted. creased beyond the present aggregat-e amount of pay and salaries. EC. 15. That the commissioners of the District, or their succe sors in office shall Mr. LOUGHRIDGE. What would be the deficit if the tax were have power to ma.ke contracts for necessary special improvements : Pr01JidNL, That :fixe

There was some difference of opnnon in the committee as to perfect it to suit itself. We present it as the repert of the commit­ whether the rate of tax should be 2 per cent . on property in the cities tee. As I have already stated, there were some differences of opinion of Georgetown and Washington and It per cent. on property in the as to what should be the subject of taxation. county; or whether the tax should be It per cent. upon all the Mr. RANDALL. I should like to ask the gentleman a question. property of the District. . · Mr. COTTON. I yield fur that purpose. . Mr. SMITH, of Ohio. The committee have, as I understand; fixed Mr. RANDALL. The first section provides for tn.xing all the real It per cent. as the rate upon all property. and personal property in the Dif!trict except us enumerated in t he Mr. COTTON. Yes, sir. Were 2 per cent. taxation imposed upon eighth and tenth sections, which include certain exemptions not ex­ property in the cities of Georgetown and Washington and lt per ceeding $500. ·In other words, the billprovidesfortaxing all personal cent. upon country property, the deficit would then be $1,183,300. property above $500 in value. I want to know of the gentleman who So the Honse will understand what is to be made by Congress in has charge of the bill whether that would not be taken to include this the way of appropriations, this basis being established according to very Capitol- the very seats upon which we sit as well as the Library the figures furnished by the commissioners. of Congress¥ I see no reason why these are not included, because the In regard to personal property, the committee decided to include language seems to apply to all personal property. I should like to taxation of that class of property, giving pretty liberal exemption to n.mend so as to exclude such property from the opemtions of this bill. persons having small amounts. ' Mr. ~!ERRIAM. All Government property. In regard to church property, the committee have adopted the rule Mr. RANDALL. Not all Government ·property, but all property of the act of last June, and therefore have struck that out from prop­ actun.lly owned by t he United States should bo excluded. erty exempted from taxation. It is, of course, under this bill subject Mr. COTTON. We have no objection to that amendment. Tho to taxation like all other property. . exemptions here !tre copied largely from the Morrill bill. There is a clause in the bill exempting from taxation money loaned l\Ir. FORT. Will the gentleman from Iowa inform the committee on bond and mortgage in the District. Somebody near by asks why how mn.ny of the bonds provided for in the ln.w of last session have that should be exempted 'f I may say on that point the committee been issued' had differences of opinion. It was alleged that to tax money loaned Mr. COTTON. I am asked how many of the 3.65 bonds 'have been on bond and mortgage was really to tax the borrower, because the issued. I made that inquiry this morning at the office of the District lender would add that much more to the debt to be paid by the bor­ commissioners. They said it could be precisely ascertained at the rower. The committee, by a majority vote, decided to exempt from office of the sinking fund commissioner, but they estimated that the taxation money loaned on bond and mortgage. amount issued and to be issued shortly would be 10,000,000. Many Mr. 1!ERRIAM. Why does the bill exempt savings-banks from persons who hold audited certificates on which they can obtain these taxation, as savings-banks in the District of Columbia are doing a. bonds have been holding them ba~~~ g;;_-_-_-_ ~ -_-.·_-_-_-_-_-_-_·.-.-. -_ ~ -. ·:::.::::::::::::::::::: 36,400 00 Miscellanoous, including fuel, stationery, and contingencies; books, a. provision in that regard. furniture, fixtures, r epairs, &c._ .. ·---·- .. _.. __ __·-----. _... _. ____ . 84, 487 57 The committee are desirous of making this bill conform to the wishes of th e House, and as we are now iu Committee of t he Whole, Tot:J.l. ---. _. ----- ··- _ •••• -·----- _. _ -·. --· .•• __ ,,_, ______.•••• __ ·- 1, 074, 823 00 meru bers hn.ve full opportunity to do so. As the committee for tho Respectfully, \ BEN. R. HOWELL, District of Columbia have a ln.rge amount of business, I hope too Book-keeper Comptroller's Office. much time will not bo taken up with this one bill. The House c:m To Hon. COMMISSIONERS DISTRICT OF COLUMJJIA. 1296 CONGRESSIONAL RECORD. FEBRUARY ] 5,

1\Ir. COTTON. I now yield to the gentleman from the District. the five-minute rule can offer their amendments and make explana­ :Mr. CHIPMAN. Mr. Chairman, I had prepared with some care a brief tions of them. which I proposed to follow with the view of setting before the Horuie, Mr. FORT. I object to that a~angement. • . perhaps for the la t time I shall have the opportunity to do so, the exact The CH.A.IR1\I.AN. The gentleman from Iowa [Mr. COTTON] i en­ condition of affairs in the District of Columbia; more particula.rly titled to the remainder of his hour, and yields five minutes to the with the view of pointing out what I regard as the legal and moral gentleman from Vermont, [Mr. WILLARD.] . oblig:i!>tions of the District touching the matter of debt and the legal Mr. WILLARD, of Vermont. I was about to observe that the rate and moral obligations of the United States in respect to the same of taxation provided in this bill, $1.50 on $100 of valnatiou, is not a matter. But we have a great many bills to report to-day. Some of high rate. There are many localities in which the people pay a much them are important, although not so much so as the one before the higher rate of taxation than that. I have paid in my own town in committee, and I shall forego this desire of mine unless in the course Vermont for several years past a tax as high as three dollar on $100 of the discussion on this bill it may become necessary for me to state of valuation, and in many other localities they pay as much. particul::tr facts. I will ask the House however, to grant me the Mr. GARFIELD. Is that upon the real valuation T privilege to allow my brief to appear in the REcoRD~ where it may be Mr. WILLARD, of Vermont. The law of Vermont provides that examined to-morrow by members who desire to look into it. • the tax shall be for the full valuation. I presume that in some cases The CHAIRMAN. The getttleman can submit that question to the the valuation does not reach the full amount, but the law of Ver­ House. The Committee of the Whole has no power to grant his mont requires that the tax shall be on the a{ltnal valuation of the request. property. Now, I know that there are other localities where they Mr. CHIPMAN. I see no disposition on the part of the committee pay 3.50 on 100 of valuation. Of course every one who has a tax to refuse a just bill for taxing those people, and I think it would be to pay is glad to have the valuation as low as possible, yet inasmuch idle in me, and almost criminal, to consume time so valuable to the as the improvements and expenses here nae mainly for the benefit of District, this being their last day during this Congress. · the people of the District, I see no rea on why the property of the Mr. COTTON. I now yield five minutes to the gentlelll3.Il from District should not pay a fair proportion of the burden. As i: do not Vermont, [Mr. WILLARD.] care to occupy the time of the committee further, I merely give notice Mr. WILLARD, of Vermont. The only point to which I desire to that when the bill is open to amendment I shall move to make the call the attention of the committee is this very question which I taxation at the rate of 2.50 on the $100 instead of 1.50. supposed the gentleman from the District was prepared to discuss, Mr. 1\IERRI.A.M. I would ask the gentleman if he will not exclude and that is, the question of the proportion of the expenses of this from that high rate of taxation property outside of the city limits 7 District that should be borne by the United States and the propQrtion Mr. WILLARD, of Vermont. I have no objection to that. that should be borne by the District. 1\f.r. RANDALL. That ought to be done. I regret, therefore, that the gentleman has not submitted to the 1\f.r. COTTON. I now yield for five minutes to the Delegate from committee his views upon that question, in his speech for which he the Di trict. had made elaborate preparation. It Will be noticed, as has already Mr. CHIPMAN. :Mr. Chairman, where there is so much to be said been stated by the gentleman who reported this bill, tha.t it proposes bearing on this question, it will be very difficult to compress it with­ to raise a tax amounting in all to less than $2,000,000. One footing in five minutes; but the committee will be glad to know, I think, is 1,800,000 on the basis of an asse sment of $90,000,000, and the other that I will endeavor to do it. I think it a great misfortune tha.t the is 1,964,000 on a basis of ,000,000. The only other receipts that joint committee provided for by the act of June 20,1874, did not per­ are estimated are receipts from licenses, estimated at 175,000; and form that part of the duty assigned them which required them to water rents, estimated at 65,000; making about 2,000,000. Put a fix the just proportion of taxation between the United States and the tax of 6t per cent. thereon and you raise only 1,500,000 or a little citizens of the District. At least' three reports have been made to more, and this bill only provides for a tax of 1t per cent. Congress by various committees, in which it has been shown by Now, Mr. Chairman, the expenses of the District, aa estimated elaborate statements and facts that the just proportion to be paid bere, are $2,755,800 for the next fiscal year, and that does not include by the Government would be at least one-half. I assume that the the interest on the $10,000,000 of 3.65 bonds, as they are called, which gentleman from Vermont [Mr. WILLARD] is willing to admit that a the gentleman tells us will be issued, so that interest will have to be proportion of about one-half would be a fair proportion. paid during the next fiscal year, making the expenses of the District 1\Ir. WILSON, of Indiana. What committee has made that reportT $3,120,800; and we pro~o e to raise here a little more than $1,500,000, Mr. CHIPMAN. I refer now to a report made by Senator Southn.rd perhaps at the out ide $1,600,000, leaving 1,500,000, in that event, to in 1!;32 and one made by Senator Brown in 1858, both to the Senate; to be paid by. the Government. In other words, it iS propo ed to assess a report made by the Committee on the District of Columbia of the on the property of the District a sum large enough to pay on the House in the Forty-second Congress, and a report made by the Com­ expenses and indebtedness of the District only one-hlllf, leaving to mittee on the Judiciary of the House in the Forty-third Congress. the General Government to pay the other half. Mr. WILSON, of Indiana,. I beg t.o inform the gentleman that the Now, although Congress has endeavored at several tim~ during Committee on the Judiciary never made any such report. the short time I have been a member of it to get at some basis of 1\Ir. CHIP.M.A.N. I am not here to dispute with the gentleman what settlement and adjustment of this matter of the burdens of the Dis­ that committee did. There is a report on the files of this House made trict, yet we have never had any adjustment of it upon any basis of by the Judiciary Committee and submitted by Judge POLAND. And law, but this proposition certainly anticipates a much larger ex­ the committee, of which the gentleman had the honor of being chair­ penditure on the part of the General Government than, I think, has man on the part of the House, made a report upon the subject. ever been anticipated before by any Congress. It proposes that the While in the latter report it is not stated that the proportion shoulc1 United States Government shall be at one-half of the charge of the be one-half, it was intimated that there should be a just proportion current expenses of the District. of the expenses paid by the United States. In all the other reports the Mr. Chairman, it should be borne in mind right in this connection statement was made that a fair proportion would be one-half. Now, that not only is the Government to do this, but in addition it is to assuming that to be the judgment of prior Congresses, and arguing pay all the charges for policing its own public buildings and &rounds, on that ba-sis, I will attempt to answm· the gentleman from Vermont, to pay for all improvements on its public grounds; and when the [Mr. WILLARD.] sundry civil appropriation bill is brought in here we will find hun­ 1\Ir. SMITH, of Ohio. Including the items which are now given in dreds of thousands of dollars, I have no doubt, provided for in that the appropriation bills as a deficit, would it not amount to more than bill for various matters about this District quite outside of the e cur­ one-half Y rent expenses, so that if we are called upon to pay $1,600,000 for the 1\Ir. CHIPMAN. No. I think it is a mistake to have these various current expe~es of the District, we shall within the next fiscal year items of appropriation for this purpose. This bill is important in pay much more than $2,000,000 toward the various public institu­ order to rid the sundry civil appropriation bill of all these various tions and toward the current expenses of the District of Columbia.. items. If the District of Columbia receives benefits from any a so-. Now, sir, it does not seem to me that this is what can fairly be ciation, asylum, or other institution towhich you appropriate money, asked or required of the United States. While I do not suppo e any we should pay our proportion toward its support, and usually we do gentleman on this floor would object to the Government paying any­ it. I think in all cases we pay a proportion of the support of these thing like what may be deemed a fair proportion of the expenses institutions. of the District, whatever that proportion may be, of the expenses The gentleman from Vermont [Mr. WILLARD] proposes to move an occasioned by reason of the capital being here, yet that it should be amendment to increase the rate of taxation to $2.50 upon the hun­ called upon to pay one-half or mOl'e than one-half of the expenses of dred. Now, while you may vote any such proposition as that, it will the District seems to me to be extraordinary. not be possible for you to enforce it. Let me tell you that there are [Here the hammer fell.] now delinquent taxes in this District, including the last levy of 3 Mr. WILLARD, of Vermont. Will the gentleman allow me five per cent., a sum amounting to over $2,500,000, assuming the figures minutes longm.· 7 to be true as stated by the commissioners of the District to this .Mr. COTTON. I have no objection to allowing the gentleman five House. In addition to that there are over $3,000,000 due from the minutes longer to enable him to finish his remarks, but under the people in the nature of special a-ssessments against their property for five-minute rule gentlemen can offer their amendments and discuss improvements in front of their property. That makes practically them to their satisfaction. I ask that after the gentleman from Ver­ due and delinquent to-day taxes to the amount of over $5,000,000. mont shall have concluded his additional five minutes and the Dele­ And of tho 3 per cent. tax which you levied upon the cities of Wah­ gate from tho District of Columbia has been allowed five minutes to ington and Georgetown there is delinquent over 1,500,000, notwith­ reply, general debate on the bill be closed, and then gentlemen under standing the penalty you attached, and notwithstanding the induce- 1875. CONGRESSIONAL RECORD. 1297

ment you held out in favor of prepayment, to wit, the 1·eduction of Mr. D A. WES. It is for the support of the insane of the A.rmy and 1 per cent. a month. Navy and also of the indigent insane of the District. Those who a.re It is not because our people are unwilling to pay the taxes. I able t o do so pay for their support. think that as a rule there is no community that pays its taxes more [Here the hammer fell.] cheerfully thau does the community of the District of Columbia. Mr. COTTON. The main question, I suppose, in connection with But they are absolutely unable to pay the taxes. We have no reve­ this bill is as to the rate of taxat.ion. That question will properly nues here among our people as you have in most of your cities. We come up when the section fixing the rate of taxation is read fQr have no manufacturing interests. You have declared by the very amendment. Gentlemen can then make their five-minute speeches policy of your Government that we shall have no commercial or upon amendments. I hope that now general debate on the bill will manufacturing interests here. Our harbor is neglected. The navy­ be closed by unanimous consent, and that we may .proceed to have yard here, which is your own child, is absolutely being throttled be­ the bill read by sections. I make that reqnest. cause you will not appropriate a little money to clean out the sand Mr. FORT. At some stag~ in the consideration of this bill I should in the channel toward the Potomac River. like to occupy about three minutes. , The policy of the Government is that this sha,ll not be anything Mr. RANDALL. 'fhe gentleman can take the floor now in his· own but a political residence. Our people are supported mainly in traf­ ri

rrr-s~. 1298 CONGRESSIONAL RECORD. FEBRUARY 15,

the people of tho Uuitecl States would be willing to pay the propor­ United States took possession of itf 'Ve took a sqna.ro and put the tion of taxe due from tbis church vroperty. I ca.re not whether the United States Treasnzy, the Po t-Office, or the Patent-Office upon it. church property belongs to Catholics or Baptists, Methodists or Pres­ That act confers whatever of value there is upon all the real estate llyterians, or to whatever religious denomination it may belong, it in the neighborhood. Take away the property of the United States seems to me snch property should be exempt from taxation. These from that real estate, and the value of the entire city disappears. are public institutions and exercise a good influence upon society. In It isjust, undoubted! , that Congress should pay a considerable my judgment it is batl policy to tax them at all. share of the expenses of this Di~trict. And it is nndoubLedly a Now this bill provides, as I understand it, for taxing all Govern­ question of great difficulty to determine what that just sha're is. But ment property except its money or bullion, or the notes belonging to an attempt to get at it by having a board of office-rs to value t.be the United States. Capitol, Treasury, White House, Patent Office, &c., it seems to me 1\Ir. CHIPMAN·. 0, no. would lead to endless difficulty and result in no practical good. Mr. FORT. If I am mistaken, I am happy to know it. Mr. GARFIELD. Will the gentleman suggest by what possible Mr. CHIPMAN. An amendment has been put into the bill cover­ way we can arrive at itT · • in(J' that point. :r;1r. G. F. HOAR. I am merely stating that in this wa.y we cannot ilr. FORT. The committee have come in b~re with a substitute, arrive at it. · of which we have not a printed copy upon our _liables. Mr. GARFIELD. That is not enough unless you show a better way. Mr. CHIPMAN. 0, yes; you have a printed copy. · :Mr. CHIPMAN. Will the gentleman from Ohio allow me to make Mr. RANDALL. No, there is no printed copy as the bill is pre- a suggestion T J sented. · Mr. G. F. HOAR. I desire to say just one word in answer to the Mr. CHIPMAN. It is the same bill with the exception that we gentleman from Ohio. It seems to me that when we are desirous of. have struck out some exemptions. TP.o bill before the House is arriving at a particular spot, and the ~entleman from Ohio is asking severer in its provisions than the printed one. It was an oversight us to go there under his lead by a particular road, if I point out that these things were included in the printed bill. · that road does not lead there, it is no answer for him to say, you must .Mr~ FORT. I am glad to know the property of the Government go that road unless you show me a better one. htts been exempted n:om taxation. Mr. GARFIELD. The gentleman has shown that it is a difficult The CHAIRMAN. The gentleman's time has expired. thing to come at; that is all. Mr. RANDALL. I now ask that the bill be read for amendment. Mr. G. F. HOAR. What I say is that it does not help us the lea-st The Clerk read as follows : · in the world, to det-ermine what is the just share of the Unit.ed States That for the support of the government of the District of Columbia. for the fiscal in the expenses of the District, to have a board of t.hree a1·bitrators year ending June :10, 1876, there shall be levied upon all real and personal prop­ to value the Capitol, the White House, the Treasury building, &c. erty in said District, excepting only that hereinafter stated, a tax of $1.50 on each There is no value in them, either in t.be buildings or the land they f!OO. stan<.l on, for any commercial or business purpose whatever. To make Mr. RANDALL. I move to amend by adding the followillg. such a valnation then, for such a purpose, is a delusion. The Clerk read as follows : Mr. GARFIELD . . It is the only standard wehaveforadjustingthe Tha.t the a.sse sment and tax levied shall not be held to apply to any property Federal payments and the Dish·ict payments. real or personal owned by the United States. The CHAIRMAN. Debat-e on the amendment is exhausted. Mr. COTTON. We have no objection to that amendment. Mr. CHIPMAN. I move to strike out the last word, for the purpose The amendment was agreed to. of ma.king a practical su~gestion to the rgentleman from Ohio [Mr. :Mr. RANDALL. I move to add aa follows. GA'RFIELD] and the CQU1mtttee. This Congress provided a joint com­ The Clerk rea<.l as folio s : mittee to reJlort, on this very subject. They failed to do it, but thoy And all property owne(l and used for church or charitable purposes shall be stated in their report, which is before the Honse, the reason why they exempt from any such ta:xea. did not do it. And it is this: That upon their view of what ought to be done here, it is the duty of Congress to levy upon the property of Mr. FORT. That should come in in the eighth section. this District belonging to private citizens what that property ought M.r. RANDALL. I will reserve it then till we reach that section. fairly and justly to pay for the benefits of local government, and that Mr. GARFIELD. I ofi'er the following amendment, to come in after the Government should appropriate all that is necessary for the man­ the amendment just adopted on motion of the gentleman from Penn­ agement of affairs in this District, because the United States are sylvania, [Mr. RANDALL.] directly responsible for the legislation for the District. That is the The Clerk read as follows: theory of the Morrill bill, so called, which I am informed bas been That the Secretary of the Treasury shall detail a board of three officerR of tbe table<.l in the Senate, which I fear is likely to be the fate of all Treasury, who shall make a careful estimate of the value of real estate owned by tho United States in the District of Columbia, said eatimate to be made as nearly efforts to give us a local government at this session. I think that as practicable on tho same scale of valuation as on private property in tho District, is the jnst principle upon which this question ought to be settled. with a view to enable Congress to determine what share of the expenses of the 1\fr. GARFIELD. I desire to say to my friend from Ma.ssacbnsett.s said District the United States should pay. [Mr. G. F. HOAR] that the only gauge we have ever had thu~ fa.r, by ltlr. GARFIELD. Mr. Chairman, I desire simply to say the thing which we have attempted to adjust the fair proportion of the Fed­ most to be done to enable Congress t.o act int.elligently in re~ard to eral payments and the District payments, has been the supposed rel­ its relation to the District of Columbia is that we shonlct have ative value of the property of the people of thi District on the one some gauge by which to measure our obligations. We have never hand, and of the property of the United States in the District on the had that; and any man who bas studied the subject of making ap­ other hand. Jlropriations out of the general Treasury for the District of Columbia Mr. SCOFIELD. Will the gentleman allow me to interrupt him has found that difficulty at every_tmn of the tide--at every step. by a suggestion f In the bill we passed last winter, providing for the There are and always have -been differences of judgment about how payment of the interest on the 3.65 bonds, we did not provide that it mnch the Unit-ed States ought to pa.y; what per cent. What I pro­ should be paid by the Government in proportion to the property it pose is that there shall be appointe<.! by the Secretary-of the Treasury owned in the District. from his own officers a board, who shall make a careful estimate of Mr. RA~"'DALL. We provided that the amount should come back the value of property of the United States and report to Congress, to the Government. so we may know where we are levying taxes in this District and 1\ol.r. GARFIELD. I do not remember what the exact language making appropriations out of onr own Treasury, by actual compari­ was, bu-t I know that in all our legislation in this matter, running son of values, what proportion we should pay of the expenses of the through several years, we have attempted to base the relative pay­ District of Columbia. • ments of the District and the United States Treasury upon tbe sup­ Mr. DAWES. I ask the gentleman from Ohio to modify his amend­ po ed relation of the value of the property held by private citizens ment so that it shall not a.ppear that the real estate belonging to the and by the Government in this District. United States to be appraised includes the streets and avenues. Mr. G. F. HOAR. 'Vill the gentleman allow me to ask him a ques­ Mr. GARFIELD. I will say" exclusive of streets and avenues." tion right there f Mr. DAWES. I make the suggestion because this District has Mr. GARF_f.ELD. Cert.ainly. been in the habit of appraising the streets and avenues as if they Mr. G. F. HOAR. Suppose we shoulcl pull down the Post-Office were building lots. building this year and pnt up a new one costin.-.. $5,000,000, would The CHAIRMAN. The amendment will be modified in the way the gentleman from Ohio hold that the United States should pay · suggested. taxes on $5,000,000 more of property in the District Y Mr. G. F. HOAR. I desire t-o say to the gentleman from Ohio [Mr. Mr. GARFIELD. 'Vel1, now, I simply say to the gentleman that I (t~RFlELD] that the idea of ·a board of valuation obtaining in any do not propose in this amendment to bind the United States to pay sucb way a value of this kind is a mere delusion. There is property anything. I simply want something that shall help to inform the of the United Stat~s existing in pn blic buildings like the Capitol, the judgment of Congress on the question. It has been assumed hitherto 'rrea-smy, and the White Honse that are not to be rented; ~hat for yerws, and all our legislation on the subject has gone on that :Qave no value for a.ny commercial or business purpose. 'rheir value a.ssumption, that about four-tenths of the property of the District be­ largely consists in the ornaments of architecture. Now it would not longed to the United States and six-tenths was the property of private Qe just to the pllitea ~ oasia fok taxi}tl.on- in the District. Then suppose you for us to go by; but I take it that we can come in some reasonab1e, cor­ tlike t4~ real eatate whicQ. · t~e Un~t(}d Stat·es owns and occupies by rect way by approximation at the proportion. How do boards of a. ess­ t~~se public b~ilqi~gs, is t~at to be ~alue4 ~s ~~ tho time whon the ors estimate the value of property f Why, by the price for which it 1875. CONGRESSIONAL RECORD. 1299 would sell for the purposes for which it was intended. Now, suppose Mr. BUTLER, of Massachusetts. Do they not do that everywhere you hn,d no Capitol lmilding, how much it would cost us to produce elsef a Cn,pitol building by purcha e or construction would be a guide to Mr. LAWRENCE. In my State the people are taxed to support us. That would be a fair ground in e8timating the value of the their own jails, courts, asy I urns, and all that; and I. do not want them · property. taxed besides for the support of all these here while the people here Mr. WILLARD, of Vermont. How would you estimate the value escape taxation anywhere. · . of the public parks f . Now, Mr. Chairman, there ought to be some apportionment, I know, Mr. GARFIELD. Just precisely as such property is estimated between the United States and the citizens of thls District for the wherever it exjsts. improvements which have been made; but the value of the property Mr. WILLARD, of Vermont. AI3 building lots f owned by the Government and that owned by the citizens is no just :Mr. GARFIELD. I do not care in what way. I have already stated mode of making that apportionment. Personal property in this city thn,t it is a, crude way; but_it is the only way I know of by which we escapes all taxation. Is this just f Our constituents do not know all can get at some ratio of the proportion of the property owned by the that is done here. This plan of piling burdens on them may escape Government n,nd the citizens. · notice for a time, but there ought to be and I hope will be an end to it. [Here the hammer fell.] [Here the hammer fell.] Mr. CHIPMAN. I witlldraw my formal amendment. The CHAIRMAN. Debate is exhausted on the pending amend­ . Mr. BRADLEY. I 9ffer the following amendment to the amend­ ment. ment of the gentleman from Ohio: Mr. BRADLEY. I move to strike out the last word of the orig­ ' . Aud as follows: inal text, in order to have an opportunity to say a few words. And such small public parks as ought in their judgment to be maintained at the Mr. LAWRENCE. Is this amendment germane t Is it in order at joint expense of the privato and public property within the District. all' I offer that to come in after the exception the gentleman bas made The CHAIRMAN. · The Chair will decide that question at the in his amendment. He ha.s already excepted public streets and avenues. proper time. Mr. LAWRENCE. I rise to oppose the amendment. I am opposed Mr. CHIPMAN. Has the amendment of the gentlemn.n from Penn to both of these amendments. In the first place, the amendment last sylvania [Mr. RANDALL] exempting church property from taxation submitted contains an admission or recognition that the Government been adopted T is liable and ought to pay for the p1·ivilege of furnishing and keeping Mr. RANDALL. I have withdrawn that amendment for the pre ent. up and guarding parks free of c~st to the people of this city. Other Mr. BRADLEY. If I understand the matter aright, the gentleman cities furnish their own parks, and pa for them without aid from from Ohio [Mr. GARFIELD] a-ecepted a modification sug&'ested by Congress. I know no reason why thi city should not do the same, some other gentleman, and therefore it became a part of h1s amend­ but it does not. Now it is a most marvelous thing that the Gov­ ment. I have moved an amendment in addition to the amendment ernment of the United States should be taxed because it chooses so modified. to furnish free parks to the people here for their comfort and enjoy­ I agree with what has been said regarding the necessity of having ment and to ornament the city. No city in the Union ha>S been some estimate of the valtie of the public property in this city, and so lightly taxed as this. No one has received so many favors from that it should be put in some form to be laid upon the desks of mem­ the Government. It is popular here to vote money out of the Treas­ bers, so that they may know the relative value of the public prop­ ury for the benefit of the people here. Plausible reasons are urged erty as compared with that of private property. From day to tlay in favor of it. It is an unpleasant duty to resist the appeals that are we are called upon here to vot-e upon propositions making appropria­ made to us and t{) encounter the displeasure of those who make them. tions for the benefit of the District and of the institutions within the The owners of hous~s and lots here of course would find it much District ; and as yet there has been no information placed before easier to let the Government pay largely the expenses of the Distriet members upon which they can predicate. a calculation as to how much than to pay them by taxatton. money this Congress ought to appropriate in order to arrive at some­ Mr. BRADLEY. I think the gentleman is in error regarding the thing like the true proportion of the expenses of this District that effect of my amendment. ought to be borne by tlle Government of the United States. Mr. LAWRENCE. I cannot yield for interruption now, as I am I entirely agree with the gentleman from Ohlo [Mr. GARFIELD] that limited to five minutes. I am equally opposed to the amendment of the amendment which he has sent up should be incorporated into my colleague, [Mr. GARFIELD.l I say, Mr. Chairman, that it is no fair this bill, in order to obtain this estimate, and that in making the es­ test in apportioning the tax between the people of this District and the timate the public streets and avenues should be excluded. And I also Government to make an appraisement on the value of the Govern­ believe that there are certain small parks in this city that inure to ment prQperty. A part of the expense which is to be apportioned be­ the benefit of the whole city, such as any village or city through­ tween the Government ancl the people of the District consists in the out the country would maintain, which ought also to be excluded. I cost of constructing wood pavements on the streets and avenues of do not mean by this that we ought to exclude the large public parks the city. Suppose the Government owns buildings and a wood pave­ that have been laid out and improved. ment is to be made for half a mile along them, and the citizens of this Mr. WILSON, of Indiana. Allow me to make a suggestion which I District own buildings and half a mile of wood pavement is to be think will be in furtherance of the gentleman's argument. It is that mane along them; the expense of the one half-mile and of the other these little three-coruered parks scattered over this city are really will or may be exactly equal. Upon the ground owned by the Gov­ made out of the streets and avenues of the city; and therefore the m·nment there may be buildings which may be in value worth many, su~$estion of the gentleman to exclude them is very proper. many millions of dollars, while the private dwellings along the street Mr. BRADLEY. Some of them may be in that situation; but I in front of them will be comparatively of but small value. But in apprehend that there are some others not so situated. Therefore I such a case as that, if we assume that the Government should pay for have offered the amendment that such small pal'ks as, in the judgment wood pavements in front of its buildings, it should not pay more for of these commissioners, ought to be included in the streets shall also a given amount of pavement than citizens for the same amount, sim­ be excluded from the estimate. ply because it has put on its ground buildings which are very valu­ [Here the hammer fell.] able and expensive. The cost or value of the buildings does not affect Mr. SAYLER, of Indiana. The question of the proper amount to or add to the cost Of the pavement or furnish any reason why the Gov­ be paid by the General Government of the expense of maintaining ernment should pay more than citizens for the same work. This plan the government of this District I admjt is a very difficult one. It of assessing by the value of the property is plausible, but it is de­ occurs to me, however, that there is a solution of this question, and ceptive and unjust. Citizens are not assessed according t{) the value that, too, in a difterent direction from thn.t proposed by the gentleman of the houses they have erected. They are assessed for the co t of from Ohio [Mr. GARFIELD] and the gentleman from Michigan, [Mr. the work done in front of their grounds, whether they have buildings BRADLEY.] The question is somewhat complicated by reference to the or not. They are asses.c:;ed with a view to the benefits they derive. immense value of the improvement.s upon the public property. Why should the Government be treated differently f Congress is the In the very natnre of things those improvements must be of great guardian of its interests, and shouhl take ~are of them; for if we do value; they are made by the General Government for the benefit of not, our constituents will be taxed for the benefit of the people here. the whole country. They must be permanent, and fire-proof, and I have no feeling certainly against the citizens of tnis District. I am valuable, and only valuable for a specific purpose. Let me suggest, willing.to do them justice; but I want justice done to the citizens of a.s has been already suggested, that those improvements have no the whole country as well. market value. This is the only city in the United States where the Goyernment is But let me suggest to the gentleman from Ohio [M:r. G~FIEL:Q] called upon to pay any tax at all for its public buildings. We that it will be very easy for us to arrive at the averl}ge :rate of tax~ pay no tax on our public buildings in New York, Philadelphia, or tion in cities of this size throughout th~ col1ntry, Tbel! we ~~n levy any other city of the Union. There is no city so hiO'hly favored as that rate of taxation, whatever it mp,y be, wheth~r H per c·ent., or this. The Government furnishes courts to the peopl~ of the District 1 per cent., or 3 or 2 per cent,, or aq.y"other· rate,·upoll "the property and pays the salaries of their jnd~es. It furnishes them with a jail in this District; whatever is the fafr: ave~age throughout the coun~y and pays the expense of keeping 1t and the prisoners therein con­ of cities of this size could be levjed upon the real' and personal estate of fined. It pays for the whole expense of the administration of justice. residents of this city. And then the Gov:ernment of t}le United ~tat~s Only a few days since money was appropriated from the Treasury to should pay whatever deficit 'there migh be in the expenses of the erect a school building in this District. The Government pays for the government of this District, for we a're · 'resporisible for the govern- support of t~e benevolent institutions, the insane asylum, aucl gener­ . ment of the District and for the maintenance ·of the improvem~nts ally everythmg... relating to benevolent institutions in the District. needed in the District. If we are responsible for the gove:rDill.c~t 9f 1300 CONGRESSIONAL RECORD. FEBRUARY 15, the District and for the expenditure of money, it would be proper members the Honse will adjourn at two o'clock to-morrow. The gen­ for us to put Government officers in charge of the supervision of the tleman from Wisconsin, Mr. RusK, chairman of the committee on expenditure of this money. Invalid Pensions, asks, therefore, that Thursday evening be assigned By adopting this plan, levying here the average rate of taxation of for the consideration of reports from that committee as in Committee cities of this siZe throughout the country, we Will do no injustice to of the Whole, no other business to be transacted. the citizens of this District, we will do no injustice to private prop­ There being no objection, it was ordered accordingly. erty in this District; for we will put it and them upon the same basi~ IMPROVEMENT OF l'tiOUTH OF MISSISSIPPI RIVER. as in other cities of like size. We will put the citizens here upon the ground of equality with citizens of other cities of this size. Aud Mr. STANARD. I move that the rnles be suspended for the adop­ then whatever deficit there may be will be a proper charge against the tion of the following resolution: Government of the United States. By this means we will get rid of Resolved That the rules be suspended so that th~ substitute for House bill No. 4620, for the improvement of the mouth of the Mississippi River, shall be malle a. this troublesome and perplexing question of comparison of value. special order for consideration in the House, to the exclusion of all other business, By this means we will not only do justice to the people here, but also on Thursday, the 18th of February, 1875, at the hour of two o'clock p.,m.; and tha.t preserve the question of assessing property in our own hands, to be the previous question be called on t.he same at four o'e:lock on the same day. controlled by ourselves, and we can then strike a fair, reasonable, Mr. DAWES. I trust that the House will not agree to this propo­ and just proportion of the expens(;ls to be borne by tp.e citizens of the sition. With so many appropriation bills pending and the revenue District and by the Government of the United States. · bill not yet disposed Of, I hope the House will not undertake to Mr. BRADLEY. I withdraw my formal amendment. assign in this way all its working time. I submit that the gentle­ The question was taken npon the amendment of :Mr. BRADLEY to man ought not to ask the House to tie its bands in this manner. the amendment of Mr. GARFIELD ; and it was not agreed to. Mr. GARFIELD. All the evenings of this week are assigned by The question was then taken upon the amendment of .Mr. GAR­ the action of the Honse. · FIELD ; and it was not agreed to. Mr. I}A WES. Yes; that is true. Mr. SMALL. I desire to offer an amendment. Mr. S"l'ANARD. l-have been unanimously instructed by the Com­ ·Mr. COTTON. I desire to submit a proposition to the Committee mittee on Commerce to ask a suspension of the rules so that this bill of the Whole. may have two hours only for its consideration. The CHAIRMAN. The Chair will hear the gentleman from Iowa, The question being taken on seconding the motion to suspend the [Mr. CoTToN.] . rules, there were ayes 8'2, noes not counted. Mr. COTTON. The hour of half past four ha-s now arrived, at Mr. G. F. HOAR called for tellers. which time it was understood an announcement was to be made to the Tellers were ordered; and Mr. G. F. HoAR and Mr. STANARD were Jilouse of the death of one of its members. I desire to procure the pas­ appointed. sage of this bill at an early day. I propose, therefore, to the Com­ The House divided; and the tellers reported ayes 114, noes not mittee of the Whole to rise and report this bill to the Honse, with connted. the amendments which have been agreed to. In the House I will per­ So the motion to suspend the rules wa-s seconded. mit gentlemen to offer amendments, and then I will ask to have the Mr. DAWES. I call for the yeas and nays on agreeing to the mo­ previous question seconded, after giving to every man a fair oppor-· tion. I will not object to the consideration of this bill if the gentle­ tunity to propose his amendments. · man will wait until those other bills I have mentioned are disposed of. Mr. SENER. No such agreement can be made in Committee of the :Mr. STANARD. You have had nearly two months to report those Whole. w~ . , Mr. RANDALL. The House will have to do that. Mr. DAWES. Not any longer than you have had to report yom bills. The CHAIRMAN. As long as gentlemen desire to offer amend­ Mr. STANARD. This is simply a business pr9position-one of the ments the Chair cannot entertain a motion that the committee rise first business propositions that has been brought before this. House. and report the bill. The question being taken on ordering the yeas and nays, there Mr. SMALL. I move to amend by adding to the first section of were ayes 23, noes not counted. the bill the following: The SPEAKER. In the opinion of the Chair there are not suffi- Personal property for purposes of taxation shall include goods, chattels, and cient to order the yeas and nays. effects wherever they are; money at interest and other debts due to the persons to be taxed more than they owe interest for; pnblic stocks and securities; stocks in Mr. DAWES. I call for tellers on ordering the yeas and nays. moneyed and other dividend-paying corporations. Tellers were not ordered. Mr. FORT. That ought to come in after section 8. The question being taken on suspending the rules to adopt the Mr. SMALL.- I offer t.his amendment because it nowhere appears resolution of .Mr. STANARD, it was agreed to; two-thirds voting in in the bill what the term personal property covers. Hence I think favor thereof. there may arise some difficulty in thE( construction of the law. There­ · ADJUTANT-GENERAL'S DEPARTME,NT. fore I propose to insert this definition of the term personal property. Mr. :MAcDOUGALL. I ask unanimous consent that the amend­ I hope the gentleman from Iowa [Mr. COTI'ON] will assent to it. ments of the Senate to the bill (H. R. No. 3912) to reduce and fix the Mr. :FELHAM. Wherein does the definition of personal property Adjutant-General's Department of the Army b~ taken from the as given by the gentleman from New Hampshire LMr. SMALL] differ Speaker's table, disagreed to, and a conference with the Senate asked from that of Mr. Justice Blackstone! upon the disagreeing votes of the two Houses. Mr. COTTON. I move that the committee rise. There being no objection, it was ordered accordingly. The motion was agreed to. - The committee accordingly rose; and the Speaker havi.tlg resumed DEATH OF HON. SAMUEL HOOPER. the chair, Mr. TYNER reported that the Committee of the Whole on 1tlr. E. R. HOAR. 1tlr. Speaker, the mournful duty devolves upon the state of the Union bad had under consideration the bill (H. R. No. me to make the formal announcement of the death of my colleague, 4728) for the support of the District of Columbia for the fiscal year SAMUEL HoOPER, the Representative of the fourth district of Massa­ ending June 30, 1876, and for other purposes, and had come to no chusetts. He died of pneumonia, in his house in this city, at a few resolution thereon. minutes after nine o'clock yesterday morning. He was in his seat in Mr. COTTON. I move to suspend the rules for the purpose of fixing the House on Friday, the 5th instant, and on the evening of that day, Wednesday evening next for the consideration of this bill. feeling quite unwell, left the table at which he was dining with a Mr. RANDALL. Wednesday evening is already assigned... company of friends at an early hour and retired to the bed from Mr. COTTON. Then I will say Friday evening for the considera­ which be was never more to rise. · His disease gained rapid a-scend­ tion of this bill and other District business. ancy over his failing strength, and with little suffering he passed into Mr. RANDALL. I object to the consideration of other District a state of nnconscionsness, in which, attended by the loving care of business. near kindred, his life at last closed peacefully and without a struggle. Mr. ELDREDGE. · There are some other important bills from the In expression of the feelings of respect and esteem which we all Committee on the District of Columbia j and we might possibly get feel for our departed friend I move the resolutions which I will send through with some of them on that evenrng. to the Chair. The SPEAKER. The gentleman from Iowa. [Mr. COTTO:N] can sub­ The Clerk read as follows: mit his motion in whatever form he desires. Resolved, That a committee of seven members be appointed by the Speaker of Mr. COTTON. I move then to suspend the rules so a,s to order that the House to take order for superintending the funeral of SA.llfUEL HOOPER, late a member of this•body, which will take pla~ to-morrow, Tue day, at two o'clock p. the House meet on Friday evening next at half past seven o'clock for m., and the House will attend the same. the consideration of this bill in the Honse as in Committee of the Resolved, That the Clerk cpmmunicate these proceedings to the Senate and invite Whole, and when this is concluded of any other District business. We tho Senate to attend the funeral ceremony in the Hall of the House of Representa­ tives to-morrow at two o'clock. have some very important bills which have been recommended by the Resolved, .A.s an additional mark of respect to the memorf of the deceased, the commissioners of the District. House do now adjourn. · The SPEAKER. This order would not suspend the rules upon any bill containing an appropriation. The resolutions were unanimously adopted. The motion of l\Ir. COTTON to suspend the rules, being seconded, was The SPEAKER. The Chair names the following as the members then agreed to; two-thirds voting in favor thereof. of the committee called for by the resolutions just adopted: Mr. POLAND of Vermont, Mr. WHEELER of New York, l\1r. NIBLACK of SESSI N FOR PENSION BILLS. Indiana, Mr. MAYNARD of Tennessee, l\1r. KELLEY of Pennsylvania, The SPEAKER. To-mO!fOW evening was by order of the House .Mr. LAMAR of Mississippi, and Mr. HOUGHTON of California. assigned for the consideration of reports from the Committee on In­ Accordingly (at ten minutes to five o'clock p.m.) the House ad- valid Pensions,; but in consequence of a melancholy event known to journed till eleven o'clock to-morrow. · 1875. CONGRESSIONAL RECORD. 1301

PETITIONS, ETC. dealers in Albany, New York, of similar import, to the same com- The following memorials, petitions, and other papers wore pre­ niittee. · Bented at the Clerk's desk, under the rule, and referred as stated: By 1\Ir. PARKER of Missouri : The petition of·Mrs. M. L. Connelly, By 1.1r. ARMSTRONG: Memorial of the Legisl:;ttur.e of Dakota, of Saint Joseph, ::Missouri, administr~trix of 'l:'homa.s Connelly, de­ praying for the division of Dakota and the orgamzat10n o~ a new ceased for relief to the Committee on War Cla1ms. Territory from the northern portion thereof, to the Committee on By ~Ir. PHILLIPS: Resolutions of the. Legislature of Kansas, me­ the Ten·itories. morializing Congress to grant the Atchison, T~peka and Santa . F6 Also, memorial of the Legislature of Dakota Territory, for an a~­ Railroad right of way through the ~dian T~rntory to Fort SIDith, ditional appropriation for the miJitary wagon-road froD?- t?e Big in Arkansas, to the Committee on Indtan Affatrs. . Sioux River to Fort Randall, to the Committee on Appropnat10ns.. By Mr. ROBBINS: The petition of citizens of Yadkin and Forsyth By Mr. BRADLEY: Petitions of citizens of .A~ Sable, East Sagi­ Counties, North Carolina, for a post-route from East Bend to Betha­ naw and Bay City Michigan, for an appropnatJOn to construct a nia to the Committee on the Post-Office and Post-Roads. harbor of refuge at Au Sable, in the State of Michigan, to the Com­ . By Mr. ROBINSON, of Ohio: The petition of citize?s of MoU?t mittee on Commerce. Gilead, Ohio, for the repeal of the 10 per cent. reductwn of _duties By Mr. BUTLER of Massachusetts: The petition of cit izens of made in 1872 and against a duty on tea and coffee and reVIval of Gloucester Massachusetts, for the donation of six bronzEYfield-guns internal taxes to the Committee on Ways and Means. for monum'ental purposes, to the Committee on Mili~ary Affa ir~. By ~1r. S~HTH, of North Carolina: Resolutio~s of ~he Legislature Also the petition of Caleb Tompkins, of Cartersville, Georgia, for of North Carolina concernin(J' the Freedman s Savmgs and Trust relief, to the Committee on W a1· Claims. · Company, to the C~mmittee mfBanking and Currenc_y. . Also, re'solutio~ls Legisl~ture Carolm~ By Mr. CAIN: The pe.tition of depositors in the Fr~edman's Sav­ of the of North concernmg ings-Bank at Norfolk, Virginia, for relief, to the Committee on Bank­ pensions to surVIvors of the Mexwan war, to the Committee on Inva- ing and Currency. lid Pensions. . . By MJ.·. COBB, of Kansas: Resolutions of tl?-e Legislature of Kan­ Also resolutions of the Legislature of North Carolma, con~ernmg tax le~ed and collected on spirits of turpentine, to the Committee on sas1' memorializin(J' Con(J'ress to grant the Atchison, Topeka and Sa.nta F6 Railroad right of w""ay through the Ind.ian.Territory s~ a.s to c~>n­ Ways and ~leans. . . nect with Fort Smith, Arkansas, to the Committee on Indtan Affairs. Also, resolutions of the Legislatu_re of Nort~ Carolma, concernmg the New River Canal, to the CoiDIDlttee on RailwaY_s and Canals. By Mr. COBURN: _The petition of. citizens ?~New Je:sey, for Also resolutions of the Legislature of North Carolina, for an appro­ equalization of bounties, to the ComiDittee on M~litary Affarr~. . By Mr. CRITTENDEN: Resolutions of the Legislature of MlS oun, priatidn to improve the Neuse River, to the Commit~ee on Commerce. protesting against the further increase of the tax upon tobacco, to Also resolutious of the Le(J'islature of North Carolina, for an appro­ the Committee on Ways and Means. priatidn to improve Edentont->Harbor, to the same committee. By Mr. DARRALL: Papers relating to the claim of Edmond A. By Mr. STARKWEATHER: The petition of citizens of .LeJyard, Guilbeau, of La Fayette Parish, Louisiana, to the Committee on War Connecticut for a donation of condemned cannon for a soldiers mon­ Claims. ument, to the Committee on Military Affairs. Also papers relating to the claim of Andre Broussard, of La Fa­ By Mr. STONE: Resolutions of the Genera~ Assembly of the State yette Parish, Louisiana, to the same committee. of Missouri, protesting against the further mcrease of the tax on By Mr. FORT: The petition of M. H. Peters and Zl ot~ers, of Wat­ tobacco, to the Committee on Ways and Means. . seka illinois, for an appropriation to complete the Washington mon­ Also, the petition of the l)nion ~erchants' Excha;nge of t~e mty _of to the Select Committee on the Washington National Monu- Saint Louis Missouri for the locatiOn of a branch Dllnt at Samt Loms, ume~t, to the Comkittee on'Coinage, Weights, and Measures. m~~ . By Mr. FRYE : The pe!Jition of c~tiz~ns of Kingfield, Fra~klin By Mr. SWANN: Remonstrance o~ wholesal.e liquor d_E'.aJers and rec­ County, Maine, for a p~ns10n to BenJamm C. Webst.er, late pnva~e tifiers of Baltimore Maryland, agalllSt any mcrease m the tax on Company F, Eighth Marne Volunteers, to the Comm1ttee on Invalid whisky on hand to the Committee on Ways and Means. . Pensions. By Mr. TAYLOR: The petit ion of Frederick Hoch,for a pensiOn, to the Committee on Invalid Pensions. By Mr. HANCOCK: :rhe memorial of Eug~ne Armend.iaz a~d others, praying for the n~ht to construct a bn~ge across the R10 By Mr. THOMAS, of :Virginia;: The. re~«;mstran~e of to~acco man­ Grancle River at Brownsville; Texas, to the CoiDIDittee on Commerce. ufacturers and dealers m DanVIlle, Vll'gmta, agalllSt an mcrease of By Mr. HAZELTON, of New Jersey: The petition of citizens of the tax upon tobacco, to the Committee on Ways and l\feans. Bridgeton, New Jersey, for the repeal of the 10 per cent. reduction of By ~1r. THOMPSON: Petitions of citizens of Freeport, Armstrong duties ma