6918 CONGRESSIONAL RECORD-HOUSE. JULY 27, struction of said Library building, and to be paid from such appropriation, for The Chair will state that bills introduced in the House and reported the construction of the western front of the building and reading-room, and the book repositories connected therewith, as shown by sketch termed" Plan No. from the committees of the House are printed, as a matter of course, 1z" on file in the office of the Librarian of Congress, $1,000,000. This appropria­ under the ruJes. But bills of the Senate and Senate amendments to twn and all appropriations hereafter made and all sums available from appro­ House bills are not printed uriless special1y ordered by the House. priations heretofore made for this purpose, shall be expended under the direc­ tion and supervision of the Chief of Engineers of the Army, who shall have the Mr. ROGERS. If I may be heard for a moment, I would like to control and management of all of said work and the employment of all persons state that we have not of course been able to keep the run of the Sen­ connected therewith. This appropriation shall be disbursed by the Secretary ate a~endments. Certain amendments have been embodied in this of the Interior as provided by act authorizing construction of said building, ap­ proved Aprill5, 1886. And all contracts for the construction of said building, or bill iu'"olving apparently large expenditures of the public money. I any part thereof, shall be made by the Chief of Engineers of the Army, and the do not think that when the House comes to consider bills of that char­ commission provided for by act entitled "An act auLhorizing the construction acter, we should undertake the task of legislation, involving such large of a. building for the accommodation of the Congressional Library," approved Aprill5, 1886, is hereby abolished, and the duties of said commission under said sums of the public money, without having the printed amendments be­ act arc hereby devolved upon the Chief of Engineers of the Army, and here­ fore us for inspection. after, until otherwise ordered by Congress, no work shall be done in the con­ Mr. TOWNSHEND. In reply to what has been stated I will say struction of said Library, except such asis contemplated in the sketch or "Plan No.1," herein referred to, and all contracts for work or materials outside of the simply this: that on the first day of next month there will be no funds space covered by aid plan are hereby rescinded. All sketches, plans, and com· on hand to pay the Army. It is necessary that this bill should be dis­ putations heretofore made or hereafter made respecting said Library buitding, posed of as soon as possible in order that means may be furnished to or any part of the same, shall be the property of the United States. pay the Army. 1r1r. BECK. Can we not get in at this point an amendment the com- Mr. ROGERS. We passed a joint resolution forthatpurposeyester­ mittee bas agreed on? dav. Mr. ALLISON. The clerk of the committee bas just taken it away. !rr. TOW TSHEND. The resolution that was passed has not yet Mr. HARRIS. Do you refer to the amendment reported here? been acted upon in the Senate. The Senate bas passed the .Army bill Mr. ALLISON. No; it is an immaterial amendment, I will say to and sent it to the Rouse with a few amendments, which we can dispose the Senator from Tennessee. It is an amendment authorizing the Sec­ of in a very short time. There is no need for the passage of the reso­ retary of the Interior to make any settlement or adjustment with con­ lution if we act promptly upon this bill, and the only request I make of tractors who may have contracted for matters in connection with the the House is, and I am satisfied the House ought to be willing to grant it, buildings. · ' that all these amendments shall be non-concurred in and let an exam­ Mr. HARRIS. To settle matters of the past? ination of what is proposed by the Senate take place in the conference Mr. ALLISON. Yes. Now, Mr. President, I move, according to committee. There they can be disposed of item by item. Tbero is no promise, that the Senate adjourn. necessity whatever for having this bill printed with the amendments The motion was agreed to; and (at 5 o'clock and 29 minutes p. m.) of the Senate simply to consiuer the few amendments which have been the Senate adjourned until to-morrow, Saturday, July 28, 1898, at 11 appended to it. o'clock a. m. The SPEAKER. Objection is made to non-conculTing, and objec­ tion is made to printing the amendments. The bill will be referred to the Committee on Military Affairs. HOUSE OF REPRESENTATIVES. GEORGETOWN BARGE, DOCK, ELEVATOR, Am RAILWAY CO:UPANY. FRIDAY, July 27, 1888. The SPEAKER also laid before the Honse the bill (S. 2252) to incor­ porate the Georgetown Barge, Dock, Elevator, and Rn.il way Company of The House met at 11 o'clock a.m. Prayer by the Chaplain, Rev. the District of Columbia, with House amendments disagreed to by the W. H. MILBURN, D. D. Senate, and a conference asked with the House on the disagreeing votes The Journal of yesterday's proceedings was read and approved. thereon. PUBLIC BUILDING, EASTPORT, ME. The SPEAKER. This bill has reached a condition whereitisprivi­ le~ed; and, if there be no objection, the House will agree to the con­ The SPEAKER laid before the House a letter from the Secretary of ference asked, and the Chair will appoint the conferees during the day. the Treasury, transmitting a communication from the Supervising :M:r. BREWER. I hope that will be done. Architect in relation to the site of the proposed public building at There was no objection. Eastport, Me.; which was referred to the Committee on Public Build­ ings and Grounds. ISSUANCE OF PATENTS, ARKANSAS. WILLIAM J. HEADY-. The SPE.AKER also laid before the House the bill (S. 1082) to au­ The SPEAKER also laid before the House the amendment of the thorize the issuance of patents to certain lands in Arkansas, with House . Senate to the bill (H. R. 9910) increasing the pension of William J. amendments disagreed to by the Senate, and a conference asked thereon. Heady. . The SPEAKER This bill is in the same condition as the preceding The SPEAKER. This is simply a correction in the orthography of bill; and if there be no objection tne Housewill insist upon its amend­ the name of the beneficiary of the bill, and if there be no objection ments and agree to the conference asked thereon. the amendment will be concurred in. 1\Ir. ROGERS. I hope there will be no objection to that course. There was no ob)ection, and it was so ordered. The SPEAKER announced as the conferees on the said bill, Mr. HOLMAN, 1\fr. WHEELER, and Mr. P.A.YSON. ARMY APPROPRIATIOY BILL. BRIGHTWOOD RAILWAY COMPANY, DISTRICT OF COLUliiBI.A. The SPEAKER also laid before the House the amendments of the Senate to the bill (H. R.10234) making appropriations for the support The SPEAKER also laid before the House the bill (S. 2742) to in­ of the Army for the :fiscal year ending June 30, 1889, and for other pur­ corporate the Brightwood1Railway Company of the District of Colum­ poses. bia, with House amendments disagreed to by the Senate. Mr. TOWNSHEND. I ask unanimous consent that the House non­ M:r. BREWER. I ask that the House insist upon its amendments, concur in the amendments of the Senate, and that a conference be and agree to the conference asked by the Senate. asked between the two Houses thereon. The SPEAKER. That is a priviltge

The SPEAKER. It does1 or a resolution of the House. mittee on Invalid Pensions. Mr. ROGERS. A resolution, or a motion? , The bill (S. 2803) granting an increase of pension to Jacob Logan­ The SPEAKER. A motion; but that of course would require unan­ to t.he Committee on Invalid Pensions. imous consent. A resolution can be submitted, however, and prop­ The bill (S. 2 36) granting a pension to William E. Taylor-to the erly referred. Committee on Invalid Pensions. 1888. CONGRESSIONAL BEOORD=-HOUSE. 6919

The bill (S. 2858) granting a pension to William Church-to the IveESels of foreign construction, repaired in the port of Cleveland, Ohio, Committee on Invalid Pensions. and named the Josephine and M. C. Upper, respeCtively-to the Com· . The bill (S. 2864) granting a pension to James B. Bray-to the Com- mittee on Merchant Marine and Fisheries. mittee on Invalid Pensions. MATTIE s. WHITNEY. The bill (S. 2887) granting a pension to George H. Johnson-to the The SPEAKER also laid before the House the bill (S. 2185) to carry Committee on Invalid Pensions. out the findings of the Court of Claims in the case of Mattie S. Whit· The bill (S. 2913) granting a pension to Mary Sturgess-to the Com- ney, as administratrix of Franklin S. Whitney, deceased, heretofore mittee on Invalid Pensions. referred to said court; which was read twice. The ~ill (S. 2924) to increase the pension of Sterne H. Fowler-to Mr. HOOKER. I ask unanimous consent to take up and pass the bill the Committee on Invalid Pensions. The bill (S. 2939) granting: a pension to Margare.t E. Adamson-to now. It has been reported from the Court of Claims, and hn.s also ~ passed the Senate. the Committee on Invalid Pensions. Mr. HOLMAN. Let the bill be read. The bHl (S. 2951) granting a pension to Mrs. Mary Morrison Elli- The bill was read for information. ott-to the Committee on Invalid Pensions. Mr. HOLMAN. I hope the report will be read. The bill {S. 1683) granting a pension to Mrs. Jane Flynn-to the The SPEAKER. This is a Senate bill, and there is no report with Committee on Invalid Pensions. it, as it has just reached the House. The hill (S. 2977) grantmg a pension to Henrietta Brown-to the Mr. HOOKER. I do not think there is a report from the House com· Committee on Invalid Pensions. The bill (S. 3013) granting a pension to William Meyer-to the Com- mit tee on this subject, but it is a bill that has long been under consid- mittee on Invalid Pensions. eration by the Court of Claims, and it has been decided favorably by The bill (S. 3018) granting an increase of pension _to John N. BoYee- that court and decided upon by the Senate committee and the Senate. to the Committee on Invalid Pensions. Mr. HOL111AN. There is a report from the Committee on War Claims of the House on that bill. The bill (S. 3030) granting a pension to Mary J. Foster-to the Com- The report was read for information. mittee on InYalid Pensions. Mr. BURROWS was reco~:,rnized. The bill (S. 3035 ) granting a pension to William Shields-to the Com- Mr. HOOKER. I hope the gentleman from Michigan will not ob- mi4~e ~~ !(~valid [)ension~. . . j ect to the consideration of this bill. It is a matter which has long been c Il · 305_ grnntmg a~mcre~eofpeuswn to George W. Dur- under consideration, and has now been cut down from $84,000. fee-to the Committee ~n Invalid Pensions. u BURROWS I h d · 1 dd d th Ch · I d · t Th bill (S 3059) t" · to R h n· tb f J.ur. . a simp y a resse e au. esue o e · gran mg a pensiOn ac e1 IXOD, mo er 0 say to the gentleman from 1\fississippi that I do not b . t to th James Dixon, deceased-to the Committee on Invalid Pensions. . . . . - . 0 ~ec e con· The bill (S. 3118) for the I'elief of Matthew 0. ReaO'an-to the Com- s~de!3.tion of this matter, bu~ I V?Sh to adVl.Se _the gentl~man fr~m ll- mittee on Invalid Pensions. "' j hn~>Is [Mr. SPRINGER] that It will take a coDSiderable time to dispose The bill (S. 3130} granting a pension to Patrick Welch-to the Com- of ;i· SPRINGER Th h 11 h 't mittce on Invalid Pensions. r. . _en we s a. ave a quorum upon 1 ·. . The bill (S. 3137) grantinO' a pension to Ruth Ames-to the Commit- Mr. BURROWS. It 15 a _very 1 ~~ortant case, and ~ do not ~hmk t£e on Invalid Pensions. "' t!Ie House should pass upon It until It shall have full time for discus- The bill (S. 3141) granting an increase of pension to Jonas Doering- SIO~ SPRINGER I shall ob•iect. to the Committee on Invalid Pensions. r. · ~ The bill (S. 3144) granting a pension to Nancy A. Hayes-to the _LEA YE OF ABSENCE. Committee on Invalid Pensions. By unanimous consent, leaves of absence were granted as follows: The bill (S. 3145) for the relief of the heirs of John :M:. Powell, de­ To Mr. RusK, until:blonday next, on accountofimportant business. ceased-to the Committee on Invalid Pensions. To Mr. GALLINGER, for ten days, on account of important business. The pill (S. 3150) granting a pension to William Scho:ffer-to the LEAVE TO PRINT. Committee on In'\hlid Pensions. Mr. DINGLEY. I ask for leave to print in the RECORD some re­ The bill (S. 3157) granting a pension to Joseph S. Wilson-to the marks on the bill (H. R. 9051) which passed the House on Saturday. Committee on Invalid Pensions. The SPE.A.KER. The Chair will state to the gentleman from Maine The bill (S. 3158) granting a pension to Nancy L. Huffman-to the that general consent has been given to print remarks on that bill, and Committee on Invalid Pensions. the Chair is of opinion that that leave extends to the end of the ses­ :The bill (S. 3166) granting a. pension to William F. Pike-to the sion. Committee on Invalid Pensions. ENROLLED BILLS SIGNED. The bill (S. 3175) granting a pension to Mrs. Caroline Taylor-to the Committee on Invalid Pensions. Mr. FISHER, from the Committee on Enrolled bills, reported that The bill (S. 3186} granting a pension to Christian Winkel-to the the committee had examined and found duly enrolled bills of the Committee on Invalid Pensions. House of the following titles; when the Speaker signed the same: The bill(~. 3189) granting a pension to William T. Hutton-to the A bill (H. R. 1312} to provide for a term of court at Quincy, lll. ;· Committee on Invalid Pensions. A bill (H. R. 1426) supplementary to the act of July 1, 1862, entitled The bill (S. 3197) granting a pension to Abbie L. Ham-to the Com­ "An act to aid in the construction of a railroad and te1egraph line from mittee on Invalid Pensions. the Missouri River to the Pacific Ocean, and to secure to the Govern­ The bill (S. 6198) granting a pension to Mary Murphy-to the Com­ ment the use of the same for postal, military, and other purposes,'' and mittee on InYalid Pensiotls. also of the act of July 2, 1864, aml other acts amendatory of said first­ The bill (S. 3200) granting a pension to ScottS. Hawn-to the Com­ named act; mittee on Invalid Pensions. A bill (H. R. 2625) authorizing the erection of a bridge across the The bill (S. 3219) to increase the pension of Keyes P. Cool-to the Missouri River at Ponca, Nebr.; Committee on Invalid Pensions. A bill (H. R. 3070) to authorize the construction of a bridge across The bill (S. 3221) granting a pension to Isaac A. Hawkins-to the the Missouri River in Montana; Committee on Invalid Pensions. A bill (H. R. 3361) to provide for holding terms of the circuit and The bill (S. 3230) granting a pension to 111artha J. Cole-to the CoD;l­ _district courts of the United States for the district of Kentucky at mittce on Invalid Pensions. Owensborough, in said district, and for other purposes; The bill (S. 3241) granting a pension to Esther A. Jackson-to the A bill (H. R. 6602) for the relief of James Obrien; Committee on Invalid Pensions. A bill {H. R .. 6699) to authorize the construction of a bridge across The bill {S. 3255) granting a pension to Mary E. Cotrill, widow of the Missouri River at Forest City, Dak.• by the Forest City and Water- Hugh E. Cotrill-to the Committee on Invalid Pensions. town Railroad Company; · ' The bill (S. 3264j granting a pension to !\'Irs. Ellen Hand-to the A bill (H. R. 7438) granting to the Aberdeen, Bismarck and North­ Committee on Invalid Pensions. western Railway Company the right to construct and maintain a bridge The bill (S. 3266) granting a pension toUrs. Adelaide H. Woodall­ across the Missouri River near Winona Emmons County, Dakota; to the Committee on Invalid Pensions. A bill (H. R. 8355) to authorize the construction of a railroad, wagon, The bill (S. 3309) for the relief of Mrs. Elizabeth E. Groff- to the and foot-passenger bridge across the St.John's River, between De Land Committee on Invalid Pensions. Landing and Lake Monroe, in the State of Florida; The bill {S. 3316) granting a pension to Jasper N. Warren-to the A bill (H. R. 9420) authorizing the Houston, Central Arkansas and Committee on Invalid Pensions. Northern Railway Company to construct and maintain bridges across The bill (S. 3330) for the relief of William H. Thomas-to the Com..: Bayou Barthplomew, and across Ouachita, Red, Little, n.nd Sabine mittee on Invalid Pensions. lliYers, in Louisiana; The bill (S. 3369) granting an increase of pension to Henry Frantz­ A bill (H. R. 10524) to authorize the construction of a bridge across to the Committee on Invalid Pensions. the Chattahoochee River, in the State of Georgia; The bill (S. 2197) empowering and directing the Commissioner of A bill (H. R. 10527) to authorize the construction of a bridge across Navigation to register and enroll as American vessels ce~ sailing the Alabama River; 6920 CONGRESSIONAL RECORD-HOUSE. JULY 27,

A bill (H. R. 10347) authorizing the construction of a brid~e across Mr. LANHAM. Mr. Speaker, is it in order to raise the question of the Missouri River at or near the city of Plattsmouth, Nebr., and for consideration upon that bill? other purposes; aud The SPEAKER. It is. It is always in the power of the Honse to A bill (H. R. 10538) to authorize the construction of a bridge across determine whe~her it will or will not consider a proposition. the Flint and Chattahoochee Rivers. Mr. LANHAM. I desire to raise the question of consideration, in ORDER OF BUSINESS. order that I may move that the House resolve itself into Committee of the Whole on the Private Calendar. Mr. MATSON. I ask that by unanimous consent the order for the Mr. SPRINGER. I rise to a question of order. It is not in order Friday evening session· for the consideration of pension bills on the to move to go into Committee of the Whole until after the hour for the Private Calendar be so modified that general pension bills may also be call of committees for reports. considered. The SPE A.KER. That is correct. - The SPEAKER. The gentleman from Indiana asks that by unan­ Mr. SPRINGER. Then the question of consideration could not be imous consent the order for the Friday evening session be so modified raised-- · that general pension bills may be considered at the same time. Is The SPEAKER. The gentleman can raise the question of consid­ there objection? eration for any reason. The Chair ·never states the reason for which a M:r. FINLEY. I object. gentleman raises the question. The re..'lSon is no part of the motion. ~r. PARKER. I ask unanimous consent that the Committee of The question is, Will the House now proceed to consider this bill? the Whole House on the state of the Union be discharged from the The question was taken; and the Speaker declared that the ayes further consideration of the bill (H. R. 5059) to provide for the erection seemed to have it. of a public building in the.city of Watertown, N: Y. A division was called for. Mr. STRUBLE. I rise to a question of order. Mr. LANHAM. Mr. Speaker, I understand that there is only one The SPEAKER. The gentleman will state it_ of these bills to be presented. I thought this one was to be succeeded Mr. STRUBLE. There is so much confusion on the :floor of the by several others, but as there is only one I will not raise the question Honse that members can not understand what business is being trans- of consideration against it. . · acted. . The SPEAKER. The bill is before the Honse. The SPEAKER. The Chair is endeavoring to get order in the House. Mr. CHIPMAN. Mr. Speaker, the bill which is now before the The Clerk will report the title of the bill, after which the Chair will Honse for consideration is a bill to increase the pension of Emanuel ask for objection. H. Custer. I do not care ·to say anything more at present, but will The Clerk read the title, as follows: reserve my time; and I now ask for a vote, unless some gentleman de­ A bill (H. R. 5059) to provide for the erection of a. public building in the city of sires to be heard in opposition to the bill. Watertown, in the State of New York; with an amendment. Mr. HOLMAN. I hope the bill and report will be read. The SPEAKER. Is there objection? The SPEAKER. The bill has been read. The Clerk will rea.d the Mr. HOVEY. I object. report. Mr. CHIPMAN. I demand the regular order. The report (by Mr. CHIPMAN) was read, as follows: The SPEAKER. The special order this morning is the considera- The Committee on Invalid Pensions, to whom was referred the bill (H. R. tion-- 9387) for the relief of Emanuel H. Custer, submit the following report: Mr. McCREARY. I send up a resolution to the Clerk's de...~, and Emanuel H. Custer is the father of General George Custer, and of Thomas . ire to have it read and considered at the present time. Custer, late of the Seventh United States Cavalry, both of whom, as well as des three sons-in-law of Mr. Custer, were killed in the battle of Big Horn. The SPEAKER. The gentleman froni Michigan (Mr. CHIPMANl . He is a. man of more than eighty years of age and in very reduced circum­ has demanded the regular order. stances. The committee do not feel that it is necessary to recount the great Mr. CHIPMAN. I withdraw the demand for the regular order for ~h~v-bC:fo~~ f~~~~~~t:~~~ile::f~fe;:~~: ~!r~~d~ebellion in the armies 01 the purpose of permitting this resolution to be considered. Mr. Custer is now stripped of all support. Those who would have cared for The resolution was read, as follows: his old age have given their lives for their country. Resolved, That Tuesday, July 31, immediately after the reading of the Jour- Your committee recommend the passage of the bill. nal, be set apart for the consideration of business reported from the Committee The bill was ordered to be engrossed and read a third time; aud be- .... on Foreign Affairs. ing engrossed, it was accordingly read the third time, and passed. The SPEAKER. The gentleman from Kentucky asks unanimous Mr. CHIPMAN moved to reconsider the vote by which the bill was consent for the consideration of the resolution just read. passed; and also moved that the motion to reconsider be laid on the Mr. BURROWS. I have no objection to the consideration of the table. resolution if the gentleman from Kentucky will modify it so as to des- The latter motion was agreed to. ignate two days for the consideration of report-s from the Committee ORDER OF BUSINESS. on Invalid Pensions. Mr. LANHAM. I move to dispense with the morning bohr for the Several MEMBERS. Regular order. ca.H of committees. Mr. WILKINS. I move t.o refer the resolution to the Committee on 1' Mr. SPRINGER. I think the committees had better be ca.lled. Rules. . . The SPEAKER. The motionofthegentlemanfrom Texas [Mr. LAN- . The SPEAKE~. Is there 9bJection to t~e reference of the .r~olu- j HAM] is in order, but it requires a vote of two-thirds. two to the Comm1ttee on Rules? The Charr hears none, and It IS so 1 Thequestionwastaken,and the motion was notagreedto-two-thirds ordered. Inot having voted in favor thereof. Several MEMBERS. Regular ~rder. - The SPEAKER. The committees will now be called for reports on Mr. TOWNSHEND. What IS the regular order? private bills and resolutions :Mr. BURRO,:WS .. Do I u~de~tand the gentleman from Kentucky REVOCATION o~ WITHDRAwAL OF LANDS. refuses to modify hiS resolutiOn m the manner I suggested? . h . The SPEAKER. The gentleman from Kentucky made no response, Mr. HO~]t'lAN, from the C?mmittee o~ t e Publu~-Lands, reported back the bill H. R. 11006 which, on motion of 11Ir. liOI.. MAN, wad or- an d t wo or th ree gen tlemen d eman d the regnla r orde r. d d b · t d d •tt d to th c ·tte th p bl" Mr. FINLEY. I withdrawmyobjection to the consideration of the ere to e prrn e an recommi e e ommi eon e u tc resolution offered by the gentleman from Indiana [Mr. MATSON]. Lands. Mr. TOWNSHEND. Let us have the regular order. ARVAH HOPKINS. The SPEAKER. The special order for this morning is the consider­ Mr. STONE, of Kentucky, from the Committee on War Claims, re­ ation of the bill (H. R. 9387) for the relief of Emanuel H. Custer, upon ported back with a favorable recommendation the bill (H. R. 3463) to which the previous question has been ordered and an agreement madet provide for the payment to the legal representatives of Arvah Hopkins that there shall be fifteen minutes' debate on each side. of the rent of certain property in Tallahassee, Fla., for the use of the Mr. TOWNSHEND. Does that take precedence of the morning Army; which was referred to the Committee of the Whole Honse on hour? the Private Calendar, and, with the accompanying report, ordered to El\IANUEJ, H. CUSTER. be printed. The SPEAKER. It i3 the special order of the Honse, and yomes im­ H. S. SAUNDERS. mediately after the reading of the Journal. The Clerk will read the Mr. STONE, of Kentucky, also, from the Committee on War Claims, bill. reported back with a favorable recommendation the bill (H. R. 5767) The Clerk read the bill, a.s follows: for the relief of Harry S. Saunders; which was referred to the Com­ Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ mittee of the Whole Honse on the Private Calendar, and, with tlle ac­ thorized and directed to place on the pension-roll the 'name of Emanuel H. Cus­ companying report, ordered to be printed. ter, dependent father of Thomas W. Custer, who was a captain in Company C. J .Al\:IES MILLER. Seventh United States Oa.valry, subject to the provisions and limitations of pen­ sion 1aws, and pay to him o. pension of S50 a month in lieu of the pension he is M:r. STONE, of Kentucky, also, from the Committee on War Claims now receiving. · reported back with a favorable recommendation the bill (H. R. 2379~ The SPEAKER. Under the order thirty minute.CJ are allowed for for the relief of James Miller, of Bourbon County, Kentucky; which debate; fifteen minutes in support of the bill and fifteen minutes in was referred to the Committee of the WhoJe House on the Private Cal­ opposition to it. endar, and, with the accompanying. report, ordered to be printed. 1888. CONGRESSIONAL RECORD_._HOUSE. 6921

CATHOLIC CHURCH, 1\IACON CITY, MO. Mr. TOWNSHEND. I call for a division. :Mr. STONE, of Kentucky, also, from the Committee on War Claims, Mr. SPRINGER. If this motion should be voted down, Mr. reported the bill (H. R. 11007) for the relief of the Catholic Church at Speaker, will it be in order at a subsequent part of the day to make a Macon City, :Mo.; which was referred to the Committee of the Whole ~~~m~oo? _ House on the Private Calendar, and, with the accompanying report, The SPEAKER. The Chair does not understand the gentleman. ordered to be printed. The House will come to order. JOHN BAUGHMAN. Mr. SPRINGER. As I· understand, this motion is made for the :Mr. STONE, of Kentucky, also, from theGommitteeon War Claims, purpose of enabling the Committee on Military Affairs to have the reported baek with a favorable recommendation the bill (H. R. 9872) Army appropriation bill considered in Committee of the Whole. If for the relief of John Baughman; which was referred to the Commit­ this motion should be voted down, would it be in order to renew the tee of the Whole House on the Private Calendar, and, with the accom­ motion with a view to the consideration of other business?. panying report, ordered to be printed. The SPEAKER. The Chair supposes it would be in order during the remainder of the time the House is in session to-day, to move to ESTATE OF THOl\!AS NILES, DECEASED. dispense with private, business. .Mr. STONE, of Kentucky, also, from the Committee on War Claims, The question being again taken on the motion of Mr. TOWNSHEND reported back with a favorable recommendation the bill (S. 878) for the to dispense with the consideration of private business for to-day, there relief of the estate of Thomas Niles, deceased; which was referred to were-ayes 33, noes 69. - the Committee of the Whole House on the Private Calendar, and, with Mr. TOWNSHEND. I call for the yeas and nays, and will state that the accompanying report, ordered to be printed. my object in making this motion is to have the Army appropriation bill _ MATTIE S. WHITNEY. considered in Committee of the Whole. 1 The yeas and nays were notordered, .only15voting in favor thereof; 1\Ir. SPRINGER. Mr. Speaker, in the excitement of the moment I so the motion of Mr. ToWNSHEND was disagreed to. objected a while ago to the consideration of a bill (S. 2185) called up The SPEAKER. The question now recurs upon the motion of the by the gentleman from Mississippi [:Mr. HooKER]. I desire to with­ gentleman from Texas [Mr. LANHAM] that the House resolve itself draw my o~iection. into Committee of the Whole Honse for the consideration of business Mr. HOOKER. I now call up the bill. on the Private Calendar. The SPEAKER. The bill can not be called up at this time. The Mr. SPINOLA. In the event of the motion of the gentleman from -regular order. has been demanded and insist.ed upon by several gentle­ Illinois [Mr. TOWNSHEND] prevailing, would the Army appropriation men; but, if there be no objection, the Chair will withhold the bill bill-- and lay it before the House at another time. The SPEAKER. The motion has not prevailed; the House has voted Mr. SPRINGER. To-morrow morning. it down. Mr. HOOKER. Yes; to-morrow morning. Mr. SPINOLA. I only wanted to know whether the Army appro­ Mr. REED. Mr. Speaker, I do not understand that that gives unan­ priation bill would be taken up in ca-se the motion of the gentleman imous consent. from Illinois prevailed. The SPEAKER. Simply unanimous consent to the withholding of The SPEAKER, The motion of the gentleman from Illinois was the bill. The Chair will recognize the gentleman to object if he de­ simply to dispense with the consideration of private business for to-day. sires. The request was that the Chair should uithhold the bill for the Whether the Army bill would be taken up or not is another matter. present. Mr. TOWNSHEND. As the House seems_desirous to go on with It1r. REED. Then if it is to be brought up at any other time, unan­ private business, I presume it is useless to press further at this time the imous consent will have to be obtained? consideration of the Army appropriation bill. - The SPEAKER.. Of course. The bill will be presented again just Mr. SPRINGER. If the House should now refuse to go into Com­ as if it had never been presented to the House. mittee of the Whole House on the Private Calendar, would it be in MILITARY APPROPRIATION BILL. order to move to go into Committee of the Whole on the state of the Mr. TOWNSHEND. The C-ommittee on Military Affairs have di­ Union for the purpose of considering the Oklahoma bill? rected me to report back the Army appropriation bill with the Senate The SPEAKER. It would not; the motion as the gentleman states amendments. it would not be in order at any time. Mr. SAYERS. I desire to be informed by the Chair whether it is Mr. SPRINGER. Would not the motion to go into Committee of proper at this time to reserve points of order upon those amendment-s. the Whole generally, with the view of taking up the Oklahoma bill, be The SPEAKER. It is; and the bill must go to the Committee of in order? the Whole on the state of the Union, except by unanimous consent. The SPEAKER. It would; but a motion to go into Committee of Mr. SAYERS. I reserve all points of order. the Whole for the Consideration of appropriation bills would have pre­ cedence. M~. ROGERS. I want the bill to go to the Calendar. Tl:ie SPEAKER. The bill, except by unanimous consent, must go The motion of Mr. LANHAM was agreed to-ayes 78, noes 30. to the Committee of the Whole on the state of the Union, and will be The House accordingly resolved itself into Committee of the Whole on the Calendar of that committee. House on the Private Calendar, Mr. DocKERY in the chair. , Mr. TOWNSHEND. Will the gentleman from Arkansas [Mr. RoG­ The CHAIRMAN. The Clerk will report the .first bill on the Private ERS] wait until the title of the bill is read? Calendar. 1\Ir. ROGERS. "The gentleman from Arkansas" will govern himself Mr. LANHAM. If I can have attention, I would like to make a. as he pleases. brief statement. I wish to ask unanimous consent that we may now Mr. TOWNSHEND. I object to the gentleman making any motion proceed with the consideration of bills on the Private Calendar which at this time, before the title of the bill has bee::a read. have been reported from the Committee on Claims, and to the consid­ The SPEAKER. The gentleman has ma-de no motion; no motion eration of which there may be no objection. is required. The rules govern the disposition of the bill. Mr. NELSON. I object, if the request is limited to bills reported Mr. TOWNSHEND. I thought the gentleman moved to send the by the Committee on Claims. bill to the Calendar. Mr. LANHAM. If the order I have suggested could be adopted it The SPEAKER. The rules of the House send the bill to the Com­ would accommodate a vast number of members. As is well known, mittee of the Whole on the state of the Union. The title of the bill a num-ber of reports from the Committee on War Claims are at the will be read. bead of the Calendar. Those claims have provoked, and doubtless will .The Clerk read as follows: continue to provoke, a great deal of discussion; so that if we proceed regularly with the Calendar_no practical result may be accomplished A bill (H. R. 10234) making appropriations for the support of the Army for the fiscal year ending June 30, 1889, and for other purposes. so far as legislation is concerned. The-SPEAKER. This bill, with the amendments of the Senate, ~ill Mr. NELSON. Will the gentleman modify his motion so as to con­ be referred to the Committee of the Whole on the state of the Union, sider all bills unobjected to except bills repmted from the Committee and, under the rules, will be printed. on War Claims? Mr. LANHAM. I simply asked consent of the Committee of the OR.DER OF BUSINESS. Whole that we take up in regular order bills reported from the Com­ Mr. TOWNSHEND. I now move that the House resolve itself into mittee on Claims to the consideration of which there may be no objec­ Committee of the Whole on the state of the Union. tion. I believe if this order can be agreed to we shall be able to pass The SPEAKER. That motion is not in order until the Honse bas a great many unobjectionable bills. ~ dispensed with private business. This day is set apart for the consid­ Mr. NELSON. I object, unless the gentleman will modify his _roo· eration of private bills unless that order be dispensed with by a vote of tion so as to include all bills on the Private Calendar except those re­ the House. ported from the Committee on War Claims. Mr. TOWNSHEND. I move, then, to dispense with the considera­ 'l'be CHAIRMAN. The gentleman from Minnesota [Yu. NELSON], tion of private business for to-day. as the Chair understands, asks consent to modify the request of the The SPEAKER (having put the question on the motion of Mr. gentleman from Texas, so that the Committee of the Whole may pro­ TOWNSHEND). The noes appear to have it. ceed with the consideration in regular order of all bills on the Private I

6922 CONGRESSIONAL RECORDc=DHOUSE. JULY 27,

Calendar to which there is no objection, except bills reported by the tend to pay anybody. · Of course, the adoption of the pendin.g amend­ Committee on War Claims. ment is simply to avoid the payment of the claim, and I ask gentlemen Several members objected. to vote it down. Mr. HEARD. I object to that modification for this reason-­ 1\1r. WARNER. Why? [Cries of "Regular order!"] I object to any discrimination against Mr. HOUK. Because this claim ought to be paid. It is a just claim. or in favor of the business of any particular committee. I think bills It has been favorably reported from the Court of Claims. If this House reported from the various committees of the House should be considered is not going to pay claims of a jnst character, it ought to- say so, and in their order, regardless of the committee from which they may come. we ought to understand the matter from the beginning. If we do not The CHAIRMAN. The gentleman from Texas [:M:r. LANHAM] is pay such just claims, then I am in favor of going into the wholesale entitled to the floor, and he will proceed. repudiation and stop the payment of bonds and everything else, for one Mr. NELSON. I wish to say something in which, perhaps, the gen­ is founded injustice and fair dealing just as much as the other is. tleman from Texas will be interested. :Mr. ANDERSON, of Kansas. I am not able to recall the features of Mr. LANHAM. What is it? this case, and I hope the gentleman will state just exactly what they Mr. NELSON. Now, in consideration of my desire to continue to are. be a good-natured man, I will withdraw my objection to the request of Mr. HOUK. When General Longstreet besieged Knoxville, General the gentleman from Texas. Burnside received a certain number of bales of cotton for use in the de­ Mr. HEARD. I object to the exception of any claim upon any cal­ fense of that city. They were promised to be returned, but they never endar, for one objection will carry over any Claim, so that our time need w·ere returned to the owner. General Burnside testified to that fact, not be wasted. and all the line of officials have testified in the same wav. The Court SeveralllEMBEns. Regular order. of Claims found the facts as alleged. · w SAMUEL NOBLE. Mr. ANDERSON, of Kansas. What is the amount of the claim? Mr. HOUK. Ninety-six thousand dollars, a big sum; but he is en­ The CHAIRUAN. The. regular order is demanded, and the com­ titled to it. He is a brave man, who accepted a decree of banishment mittee will proceed to the consideration of the unfinished business, from rushomewhen threatened with an order to send him through the which is the bill (H. R. 53) for the relief of Samuel Noble. At the lines. In response to the Confederate judge he said he had come to time the committee rose ai motion was pending that the bill be laid East Tennessee when a young man; he had made his money there; aside with the recommendation that the enacting clause be st.ricken out. had buried his wife and only child there; but he would abandon all, On that motion the point of no quorum was made. even the grave'S of his kindred, rather than take an oath in oppositJon Mr. FORNEY. I ask, by unanimous consent, that the fur~her con· to his country, rather than take an oath to support the Southern. Con­ sideration of that bill be postponed and allowed to retain its place upon federacy; and if the Republicans upon this floor are going to repudiate the Calendar, in view of the fact that my colleague [.1\Ir. OATES] is the just debts of the Government to such men it is about time we not present in the city, but absent in attendan~ on the lmmjgration should know it. Committee in the city of New York. Mr. WARNER. As I recollect, this cott;>n was taken for the pur­ Mr. KELLEY. To what period does the gentleman propose to post­ pose of constructing breastworks. pone the further consideration of the bill? Mr. HOUK. Yes, sir; the gentleman is correct; for the purpose of Mr. FORNEY. Until my colleague returns froltl New York. constructing breastworks at Fort Saunders and other places in the de­ There was no objection, and it was ordered accordingly. fense of the city. The cotton, which saved the city and the Army of PEREZ DICKINSON. the United States, was never returned to the owner. Mr. WARNER. ki3 I remember, a part of it was also used for our The CHAIRMAN. The committee now resumes the consideration sick and wounded soldiers in the hospitals. of the bill (H. R. 9872)- for the relief of Perez Dickinson, surviving Mr. HOUK. Yes, sir; part of it was used in the deaf and dumb partner Qf Cowan & Dickinson. asylum building, which waslthen used as a hospital, in making beds Mr. HOUK. That bill has been discu...c;sed already. I move to sub­ for the wounded, the sick, and dying soldiers of the Union. stitute the Senate bill for the House bill. Mr. ANDERSON, of Kansas. I nndet1'tar.d the Court of Claims The CHAIRM~AN. That has been done al,ready. have examined this case. Mr. LANHAM. That bill has already been partially considerecl in 1\Ir. HOUK. They have; and they found the facts, the amount, the the Committee of the Whole House, and there being no o~jection, I loyalty, and everything in favor of the claimant. move that the Senate bill 94 be laid aside to be reported to the House Mr. KELLEY. Who is the ''Mr. Burnside" of whom you speak? with the recommendation that it do pass. Mr. HOUK. I refer to General A. E. Burnside. The CHAIR.UAN. The Chair is informed that there was an amend­ Mr. KELLEY. Then why do not you speak of" General" Burn­ ment moved by the gentleman from Indiana [Mr. HoLMAN] to the side, so we may understand who you mean? Senate bill. If there be no objection House bill 9872 (Forty-ninth Mr. HOUK. I supposed that everybody knew that General Burn­ Congress, :first session) for the relief of Perez Dickinson, surviving side was in command of Knoxville when Longstreet laid siege w that partner of the ]ate fum of Cowan & Dickinson, and House bill 6346 city. (Fiftieth Congress, :first session) for the relief of Perez Dickinson, sur­ ~Ir. KELLEY. Yes; but I did not know but that you meant some viving partner of Cowan & Dickinson, will be reported to the House claimant to the cotton. with the recommendation that they be laid on the table. Mr. HOUK. No; I refer to General Burnside. The was no objection, and it was ordered accordingly. Mr. Chairman, I hope the committee will vote down the amendment. The CHAIRMAN. The title of the Senate bill will be read. Mr. HOLJ\IAN. I ask that this amendment be again reported. The Clerk read as follows: The amendment was again read. A. bill (S. 94) for the relief of Perez Dickinson, surviving partner of the late l'lfr. HOLMAN. I wish to inquire what is the amount named in the firm of Cowan & Dickinson. bill? I have forgotten the exact sum. The CHAIRMAN. The Chair is informed there is an amendment The CHAIRMAN. The Clerk will report the amount. pending, moved by the gentleman from Indiana [Mr. HoL:MA.N], which The Clerk read as follows: will be read by the Clerk. The Senate bill proposes $96,192. The amendment proposed is to strike out The Clerk read as follows: that sum and insert $66,883.50. ' Add to the end of the bill : "Prollided, howe,,e,·, That before said money shall :Mr. HOL1\IAN. It seems to me, Mr. Chairman, upon the facts cited be paid it shall be proven to the satisfaction of the Secretary of the Treasury that proceeds of said cotton to the amount above named were covered into the in the report, and which came to light during the progress of the dis­ Treasury or accounted for by the proper officer; but the sum paid to said Perez cussion on the bill, that it would be entirely proper to pay this claim­ Dickinson shall not exceed the sum. so paid into the TreasUI·y or accounted ant th~ sum of money which was actually turned into the Government for." Treasury by reason of the taking possession on the pa.rb of the Gov­ Mr. HOUK. Was not that amendment voted down? ernment of the property in question. That, I think, is all right and The CHAIRMAN. The Chair is desirous of understanding the status ought to be paid. Whatever sum was realized from the sale of the cot­ of this bill. There seems to be some question as to whether _this ton belonging to the party should be paid. His loyalty is established, amendment was adopted or rejected. I think, beyond question. Mr. HOUK. The Senate bill was taken up in lieu of the House Mr. WARNER. Will the gentleman rermit me to ask him a ques- bills. tion? · The CHAIRMAN. The Senate bill is now considered as pending .Mr. HOLMAN. Certainly. before the committee, the House bills having been laid aside to be re­ Mr. WARNER. When this case was np some time ago I took parb ported to the HIJuse with the recommendatton that they do lie upon in the discussion of it and have some recollection of the fact<:!. I would the table. like to ask the gentleman, however, if it is not true that the amend­ Mr. HOUK. The amendment was voted down, as I undemtand. ment he sugges~, if adopted, would have the effect of paying this claim­ The CH.A.IRJ\IAN. No; the Chair is advised by the Clerk that the antnothing whatever? I wish to ask a further question: Hthis coVon, amendment is pending. or a part of it at least, was not taken down to the railw~y adjoinina t e ~fr. HOUK. I want to say one word. If this claim is not to be depot and there some childTen playing around set fire to the cotton Jlaid, then the United States ought to give notice that it does not in- and destroyed it? 1888. CONGRESSIONAL RECORD-HOUSE. 6923

Mr. HOL:rt1AN. That applied to but a portion of it. I think you United Statesthathadmeritsuperiortothisclaim. Thereisnodoubt, will find that it was finally traced into the Treasury. there is no controversy, there is no uncertainty. Every allegation­ Up to this time it has not been our policy.to pay f01· property de­ his loyalty, his property, everything-is proven beyond a single ques­ stroyed as an incident to military operations during the war. Indeed, tion, and why this claim should be turned away without being paid I in the general bill referring claims of this character to the Court of can not see. Claims for a finding and report we have carefully provided that inci­ 1\Ir. HOUK. And only the amount the cotton would sell for at that dents of war, spoliations by the Army or Navy, and property destroyed time. in the necessary progress of the war shall not be subject even to exam­ Mr. BUTLER. Here is the report by the commissioner appointed by ination. Jurisdiction is not conferred upon the court to inquire into the commander-in-chief to a.scertain fully the a.mount, and every other the facts in such cases. It seems to me that the destruction of prop­ fact, and they are all set forth here in this report, so th~t there can be erty incident to war can not be well provided for; and that if we go to no controversy or any doubt at all on the part of this House. :Mr. Dick­ the extent of providing payment to this claimant for the amount of inson. was a loyal man, and suffered banishment more than twenty his property actually turned into the Treasury we are doing all that years ago for his loyalty, and yet the Government refuses to pay him justice requires. for his property. I certa.inly believe that this bill ought to be passed 1\lr. JOHNSTON, of Indiana. I move to strike out the last word. and that this claimant should be paid for that property taken. I know something about the history of this case from the fact that Mr. LYMAN. Mr. Speaker, I rise to make a parlia.mentary inquiry. I was at Knoxville myself at the time mentioned, and I have examined I desire to understand fully what this amendment is. Do I understand this claim with a good deal of care as a member of the Committee on that it reduces the amount to $60,000? War Claims. l'.iy understanding of the facts are that this cotton was The SPEAKER pro tempore. That bas been adopted. taken to build fortifi<:!ations at the city of Knoxville, Tenn., and as the Mr. LYMAN. Then the bill ought to pas!'! as it is. gentleman from Tennessee [Mr. HoUK] well says, its use for that pur­ The SPEAKER pro tempore. If there be no objection, the formal pose doubtless saved the city from capture. After the Government amendment will be withdrawn. was through with the cotton the owners demanded possession of it and Mr. CUTCHEON. I will renew it. I do not know anything about that it should be turned back again. Had the Government done Ur. Dickinson, the claimant in the case, but I do happen to know that it would have ended the liability of the Government. But as a something about this cotton. At the time this cotton was used in the matter of fact tile officers in charge at that point refused to return the defense of Knoxville I happened to command a Michigan regiment in property to the claimant, but sought to convert it to the use of the Gov­ the works. I remember \ery well that this cotton was brought up to ernment. Afterwards it was destroyed by fire. the works, and we crowned the parapets of all the principal works Mr. HOUK. A part of it was destroyed by fire ::mel a portion of it around the city, and._ especially Fort Sa.unders, which was the key to the was used in the hospitals at Knoxville. position, with these cotton bales. I know the work we did with that Mr. JOHNSTO~, of Indiana. Yes; part of it wa.S destroyed by fire cotton, and I know it very materially contributed to the saving of East and part used as the gentleman from Tcnne....qgee suggests. When the Tennessee to the Union and to the shortening of the war. General Government refused to turn the property back after they got through Burnside, with the Ninth and Twenty-third Army Corps, had marched using it forthepurposeto which it was originally applied, and for which into East Tennessee through Cumberland Gap, and he had seated him­ it was taken, it be~1.mc liable under e\ery principle of equity and jus­ self upon that vital connection between Tennessee and Virginia, the tice for the value of the cotton so taken; and particularly so when the railroad connecting those two States. We had divided the Confederacy. amount found due, as in this case, is to be paid to a confessedly loyal We hadcut·off the head at Richmond from the body in the Southwest, citizen, to a man who suffered banishment for his loyalty to the Gov­ and it was absolutely necessary that the East Tennessee railroad ernment rather than take the oa.th of allegiancQ to the Confederacy. should be reco-vered, as it was the only railroad they had except that Now, I understand the amendment of the gentleman from Indiana east of the mountains. General Longstreet was detached from the proposes to cut out and to exclude from payment all of the cotton the main army at Chattanooga and with fourteen or fifteen thousand men proceeds of which do not appear to have been turned into the Treasury. sent to try and get us off the railroad. We fell back into Knoxville It would exclude the payment of every dollar of the Government's lia.­ and threw up hasty works. Somebody's cotton bales were brought bility, unless it is found that the money was actually turned into the from somewhere, and with them we crowned the _parapets of all the Treasury. I claim, sir, that the man who owned that cotton is in no principal works; and when the assault came, on the 29th of November, manner responsible for the action of tbe officers, whether they turned 1863, our little band, comparatively speaking, behind these cotton bales, the money into the Treasury or used it in any other way. I claim drove back Longstreet's veterans that had swept away Sickles at Get­ that after having taken possession of bis property, if they failed to do tysburgh in the July before. And I want to say to the gentlemen of their duty and failed to account to the Trea.snry for the property that this House that if these were l\1r. Dickinson's bales, that Mr. Dickin-. he lost, that nuder all of the principles of equity and justice the Gov­ son's cotton bales had a great deal to do with the salvation of Knox­ ernment should come to his relief and pay for his losses. ville and the whole of East Tennessee. They did good service there. Mr. BUTLER Mr. Chairman. as the gentleman from Indiana has A good many of'them were knocked to pieces with shot and shell there said, I can also say that I was myself present at the siege of Knoxville, in that assault on the morning of the 29th of November, a good many and I know all about this case, and, as my colleague [Mr. HoUK] has of them, to my personal knowledge, were left blood-stained there that so well said, if this claim is not paid no claim ever ought to be paid. morning, and if those were the cotton bales of this claimant, as I am Now, Mr. Chairman, what are the facts? This cotton was taken assured by the gentleman from Tennessee, Colonel Hou'lt, they were-- from a citizen who was as loyal as Abe Lincoln, who suffered banish­ 1\fr. HOUK. They have been thoroughly identified. ment, as my colleague has said, rather than take the oath to the Con­ 1\fr. CUTCHEON. If those were the cotton bales of this claimant, federacy. When the siege wa8 raised and Longstreet retreated he went then the Unit-ed States of America could well afford to pay a million and asked that the cotton be returned to him. It had served the pur­ dollars for them and not pay more than they were worth to the Gov­ pose for which it was taken. They said, "Oh, no, we will ~ke it and ernment of this Union on that occasion. [Applause.] I hope this bill ship it to Louisville, a.nd when the proceeds reach the Treasury Depart­ will be passed. ment von can have them.." 1\Ir. LANHAM. I trust we shall now have a vote upon this bill. What became of that cotton? Here is the report of the War Claims The CHAIRMAN. If there be no objection, tbe pro forma amend­ Committee of the Senate upon it: ment will be regarded as withdrawn, and the question will be taken The cotton was taken by General Burnside November 25, 1863, but the order on the motion of the gentleman from Indiana [Mr. HouiAN]. of General Schofield to gather it up from th.e fortifications-was not issued until February 26,1864. Nearlyfour months elapsed from the fu-st taking before this The question was taken; and the Chairman declared that the noes order was fully executed. The waste in the meanwhile was found to be large. seemed to have it. Of the 313 bales originally taken from all the citizens, only 218 bales were saved. Mr. HOLMAN. I ask for a division. "\Vhat became of the 95 bales of deficiency does not definitely appear. Some bad been taken by the soldiers to fill their bunks; some used to calk pontons; The committee divided; and there were-ayes 8, noes 80. some lost by pillages and much worn out and used up in the works. So the amendment was rejected. Of the 218 bales recovered, 40 were used by the medical department, 158 st.ored Mr. HOL:M.AJ.~. Ina.smuch as the opinion of the House seems to be by the quartermaster near the railroad depot, awaiting shipment, were ncci­ dentally set on fire by boys playing in its vicinity, and all; with the exception so strongly in fa.vor of this measure, I will not make the point of no of about 20 bales, consumed. Twenty bales wet"e shipped to the chief quarter­ quorum, but otherwise I would do so. master at Louisville. What became of the other 20 bales does not appear. The CHA.IRMAN. The question is, Shall this bill be laid aside to Now, that is what became of that cotton. Here was a loyal citizen be reported to the Honse with the recommendation that it do pass? whose property was taken to sa.ve the Government, alfd when he asked Mr. LANHAM. I ris~ to a parliamentary inquiry. When this bill that it be returned they refused. It iS said that the proceeds of per­ was last under consideration I offered an amendment reducing the haps 20 bales have reached the Treasury Department, and if this amend­ amount. · ment is adopted and they could prove that 20 bales had reaced there, The CHAIRMAN. That amendment has been adopted. that is all this citizen will get for his cotton. Is it right, is it just, is There being no objection, the bill was laid aside to be reported to the it honest? I can not see upon what ground any gentleman on this House with the recommendation that it do pass. floor would think it just, right, or even honest to take this property Mr. HOUK. .Mr. Chairman, we have httd n. great deal of trouble and use it without paying for it under these circumstances. Here is with this Perez Dickinson claim, and I now move that the committee General Burnside's statement, here is his receipt for the cotton taken. rise and report the bill to the House, in order that we may pass it and I. can say that there never ha.s been a claim before the Congress of the be done with it: [Laughter.] 69.24 CONGRESSIONAL RECORD-HOUSE. JULY 27,

Mr. LANHAM. I hope the gentleman will not insist on that mo­ by some gentleman, I ask that it be passed over informally, retaining tion. We will endeavor to have the committee rise in ample time for its place on the Calendar. the passage of these bills. The CHAIRMAN. In the absence of objection that order will be The CHA£RMAN. Does the gentleman from Tennessee [Mr. Homr] made. The Chair hears no objection. insist on his motion? . HffiA.l\1 JOHNSON AND OTHERS. Mr. HOUK. Not if there is objection; but I think that would be a proper and legitimate way to disnose of this case at this time. The next busin~ on the Private Calendar was the bill (H.·R.l028) Mr. LANHAM. I will make no objection to the gentleman's mo- for the relief of Hiram Johnson and others. tion. Mr. LANHAM. I make the same request in regu.rd to this bill that Mr. HOUK. Then l move that the committee rise. I made in regard to the one last read. . The motion was agreed to. Mr. ENLOE. I ask for the consideration of this bill. The committee accordingly rose; and the Speaker having resumed The bill was read. _ As amended by the Committee on War Claims, the chair, Mr. DoCKERY, from the Committee of the Whole, reported it is as follows: Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, that they had had under consideration the bill (H. R. 9872) for the re­ authorized and directed to pay, out of any moneys in the Treasury not other­ lief of Perez Dickinson, and had directed him to report it back with wise appropriat.ed, the respective sums of money a.s bereinafter provided, to the recommendation that it be ]aid on the table; also that the com­ the respective persons named herein, or to their heirs or legal representatives. to wit: mittee had substituted for the House bill a bill (S. 94) for the relief To H. Johnson, $659.86. of Perez Dickinson·, and had directed him to report it to the House To Stephen M. Johnson, $659.85. with the recommendation that it do pass with an amendment. To D. J. Franklin, $130.48. To Josiah Franklin, $156.60. The amendment reported from the Committee of the Whole was To Nat Buckley, $261.20. · agreed to. To John Tull, $313.49. The bill as amended was ordered to a third reading. To Elias Bray, $391.92. To Dr. G. Johnson, $156.60. The SPEAKER. The question is on the passage of this bill. To Harrison Trice, $261.20. Mr. HOLMAN. On that I call for a division. To Jeremiah Crook, sr., f522.41. The House divided; and there were-ayes 71, noes 7. To .Willis Arnold, $5,213.89. To Arch McCorkle, $391.92. Mr. McSHANE. No quorum. To G. L. Ross, 31,306.91. The SPEAKER. The point is made that no quorum has voted. To S. L. Ross, $1,306.91. The Chair will appoint the gentleman from Tennessee [Mr. HouK] To John M. II~rt, $522.41. To William A. Brummer, $801.69. and the gentleman from Nebraska [Mr. McSHANE] to act·as te1lers. To John D. Smith, $?....61 .20. Mr. :McSHANE. I withdraw the point of no quorum. To A. B. Crook, ~61.20. The bill was read the third time, and passed. To Daniel McCollum, $261.20. To Jeff Jones, $130.4.8. Mr. HOUK moved to reconsider the vote by which the bill was To Thomas McGill, $156.61. passed; and also moved that the motion to reconsider be laid on the To James Ledbetter, $156.61. table. To William Ozier, $52.2.41. To Elijah Bond, $261.20. The latter motion was agreed to. To John L. Cawthon, $'522.41. The House bill (H. R. 9872) was laid on the table. To William Hall, $522.41. To Carroll Beaver, $522.41. ORDER OF BUSINESS. To John West, $659.86. Mr. LANHAM. I now move that the House resolve itself into Com- To James Clifford, $261.20. "d t• f bill To 0. F. Hendrix, $784.64. mittee of the Whole House for the fior~ h er cons1 era 10n o s upon To Frank Cawthon, $313.49. the Private Calendar. To James Cawthon, $130.49. To S. E. G1:ider, $130.49. The moti on was agreed to • -· To Silas Grider, $130.49. The House accordingly resolved itself into Committee of the Whole, To John Robinson, ~10.34. and Mr. DOCKERY resumed the chair. To Hugh McKnight, $200.25. The CHAIRMAN. The House is now in Committee of the Whole To John G. Smith. $79.96. To Caleb McKnight, $200.25. upon the Private Calendar. The Clerk .:will report the first bill. To James Thomas, $200.25. The bill was read, as follows: To William P. Walker,Sl20.00. fM A bill (H. R. 7800) forth erelie· f ofT ... o hnD e B ree, execu to ro argare tT. Hi gglllS.· To '.risonA.S.Rogers,S341.55. G. l\faness,$;61.02. Be it e11acted, etc., That the Secretary of the Tr~ury be, and he is hereby, ~u- To William H. Bond, $120.06. thorized and directed to pay, out of any money In the Treasury not otherwise To F.l\I. Ballard, 5240.04. appropriated, to John De Bree, executor of Margaret T. Higgins, the sum of $3,- To Stephen Messengill, $120.06. 236.66 the same being in full for andjinal discharge of the claim examined, in- To 'Villiam Swink, ~440 . 80. vestiia,ted, and reported favorably by the Court of Claims of the United States To Keton M. Jones. $361.15. In all, $22,271.26. under the provisions of the act of Congress approved Ma..rch 3• 1883• commonly 1 The amendments reported by the Committee on War Claims chan ~ring called the Bowman act. ·~ Th CHAIRMAN Th ti0 n is on la · this bill aside to be ! the ~mo~nts in vario~s cas~, so as to pay to the claimant<; the amounts e • . e ques ~g . i as given m the foregomg bill, were read: reported to the Honse w1th the recommendatiOn that It do pass. . 1 ll:fr. ENLOE. If the reading of the report is desired by any one, I Mr. HOLMAN. I suggest that the report be read. would be glad to have it read now The report (by Mr. STONE, of Kentucky) was read, ~ follows: :Mr. I~OWELL. I desire to make some remarks on this bill. The The Committee on War Claims, to whom was refer~ed.the bill (H. R. 7800) for report can be read afterward unless the gentleman from Tennessee [.Mr the reliefofJohnDeBree,executorofMargaretT.HJggms,begleavetoreport E ] · t to d !thh" k · as follows: NLOE wan s procee Wl IS remar -snow. The bill provides for the payment of $3,236.66 for the use of a certain war~- Mr. ENLOE. I will wait until the gentleman from Illinois [Mr. house and wharf, belonging to Mrs. Hi~rgins, in the city of. Norfolk, Va.. rr:h1s ROWELl] has spoken · claim was transmitted to the Court of Claims by the Committee on War Claims " . · . . of the Forty-eighth Congress under the provisions of the '!'-Ct entitled "An a:et .M:r. TH0~1AS, _of W1sconsm. I would like a chance to say a few to afford assistance and relief to Congress and the Executtve Departments rn words on thiS subJeCt. the investigation of claims and demands against the Governm~nt," approved Mr. ENLOE. How much time do gentlemen on th~ other side de- 1\:I~~:s~i~S:~im was returned by the Cou~t of Claims to theCvmmitteeonWar sire to occupy? Claims of the Forty-ninth Congress with findings of fact by the court, which 1\fr. ROW ELL. I shall not want much time. show among other thin~s that the ~laimant was loyal, that her wareho~seand The CHAffi:M:AN. The Chair will recomize the gentleman from wharf after the occupatiOn of the mty of Norfolk by the Federal forces tn 1862 . . o were seized by Capt. Edwin Ludlow, assistant quartermaster United States Illm01s [Mr. ROWELL] for one hour. Army, as a military necessity, we~e occupied for .two years, e~ght months·, and !t!r. ROWELL. Mr. Chairman, this bill marks a new departure in eleven days, and that ~1,200 a. yeat:would be a. fau compensatiOn for the prem- the way of paying war claims. Colonel Haynie when commandino- at ises. In accordance With the findmgs of fact by the Court of Cla~s the Com- • . . -.""' mittee on War Claims of the'Forty-ninth Congress reported House btll No.10798, Henderson, West Tennessee, adopted as a method of preventmg lDJ nry prm.-iding for the payment of the amount found .to be ~ue, to wit, $3,236.66. to the property of the United States and of citizens, the making of Your committee the~efore report back the btU which bas been referred to assessments when injury was done, upon the rebel citizens thereabout, them and.recomme?d 1ts.passage. . and collect~g those assessments to the full amount of the injury. The ~1ll was l!l1d aside to be reported to the House With the recom- This was a policy adopted by different commanders in West Tennessee. mendat1on that 1t do pass. . . . Some required cttizens in neighborhoods where guerrillas were in 1he The ~HAIRMAN. I~ there be no obJection, the b.il~ (H. R. 1798, habit of doing damage, to give bonds of indemnity against any such Forty-n~nth Con~re:'B) will be reported to the House with the recom- damage; others adopted the policy ofassess~ent upon the active rebel mendat10n that 1t ~e ?n the table. · sympathizers in the vicinity. Damage to the extent of some $:2G, 000 There was no obJeCtiOn.. was done in the neighborhood of Henderson; and Colonel Haynie as- WILLIAM J. POITEVENT. sessed and collected that snm of money, appointing a commission to The next bm,iness on the Private Calendar was the bill (H. R. 26) find out the total amount of damage, the abilityofpersons to pay, and for the relief of William J. Poitevent. the character of the people upon whom assessments were made. The bill was read. That sum of money was collected. Some $5,000 of it was for rlam- Mr, LANHAM. Unless the consideration of this bill is called for age to United States property, and about $20,000 for damage to indi- .· 1888. CONGRESSIONAL RECORD-HOUSE. 6925

vidual property. The money was covered into the Treasury of the rebellion against the country, because there is no difference between United States. Every cent of it was assessed according to the laws of one and the other. war, according to the rights of the people of the United States, and I do not care to pursue the matter further, and will yield the floor against men actively in sympathy with or aiding the caUBe of the to the gentleman from Wisconsin [1\Ir. THOMAS]. enemy. l\Ir. THOMAS, of Wisconsin. 1\Ir. Chairman, the facts as I under­ Subsequently-and here is a strange remissness on the part of the st.and them, and as they are set out in this report, are not disputed. Committee on War Claims-subsequently, by act of Congress, between At the time mentioned in the report, during the earlier period of the $9,000 and $10,000 of this money was paid out of the Tre~ury to cer­ war, there was a raid made upon the town of Henderson by some young tain parties whose property had been destroyed, leaving, besides the men, as I understand it, belonging to families who sympathized with $5,000 gorng to the United States, $10,000 or $12,000 of that money the rebellion-- remaining in the Treasury. That fact has not been stated in this re­ l'lfr. PAYSON. Will the gentleman mention in what State this was? port. The Committee on War Claims, in bringing in their report, have Mr. THOMAS, of Wisconsin. In East Tennessee. neglected to inform this House t.hat by the deliberate act of Congress Mr. WASHINGTON. West Tennessee. nearly $10,000 of this money hns already been paid to parties for whose Mr. 'fHOMAS, of Wisconsin. Yes, West Tennessee. The property benefit it was assessed, and is now not in the Treasury. But the com­ of the Government, consisting of cotton and military stores to the ex­ mittee has reported a bill not simply to pay the balance of the money tent of between :five and six thoUBand dollars, was destroyed in this remaining in the Treasury, but to pay to these men who were engaged raid, as well as the property of certain loyal citizens selected by the in hostHities against the United States, or who were in sympathy with raiders, which amounted, together with the amou?t of what the Gov­ those who were so engaged, not alone the money remaining, but all the ernment lost, to $26,751.36. money that was collected, except the $5,000 collected for the benefit of General Haynie, in command of the troops of that neighborhood, ap­ the United States. pointed a commission and authorized the commission to assess upon In the Forty-eighth Congress the Committee on War Claims, by a the disloyal inhabitants of that neighborhood, who were supposed to unanimous vote, reported in favor of repaying the remaining money to be implicated in this raid, an amount equal to the value of their prop­ the parties for whose benefit it was assessed, and by au·equallyunani­ erty to cover the amount thus destroyed, which assessment was made mous vote reported against a bill of this character except that it was and was confirmed by General Sullivan, in command of that depart­ then only proposed to pay the balance of money remaining in the ment. The money so assessed was collected and paid over into the Treasury. hands of General Sullivan, and afterwards it was paid by him into the Now, what is this bill? It is a bill to reverse the action of the au­ Treasury of the United States. thorities ofthe United States in command. It is a bill to pay back to Now, sir, this report of the committee admits the authority of Gen­ rebel sympathizers something taken by lawful authority from them eral Haynie and ·or General Sullivan to make the assessment. They in. pursuance of the business which they had in hand to overthrow the admit that it was made in accordance with the laws of war, and that rebellion. it wns a valid legal charge upon the property of the enemies of the Now, if this money is to be paid back there is no single item of country in that neighborhood; and the excuse now presented is that . damage arising out of the war and incurred for the purpose of putting General Grant, then in command of the armies of the United States in down the rebellion that ought not also to be paid back. Not a single the West, directed that this money should go back to the men from item. Wherever a marching army levied contributions, wherever a whom it was taken. There is a dispute in connection with that alle­ marching army camped, wherever a marching a1·my seized upon prop­ gation of fact. I admit, if it was so, that this money ought to be paid erty contraband of war there ought to be payment made to the owners back, in accordance with the report of the committee. But, sir, we have thereof in principle if this money ought to be paid back. here the report of the Committee on War Claims of the Forty-eighth As a member of the committee in the Forty-eighth Congress, over Congress, to which I desire to direct your attention. That committee. which J ud~e Geddes pr~ided, I joined in the report in favor of paying had all the papers before them, and the chairman of the committee, the this money to the parties injured and for whom it was assessed. I had majority of the committee being Democrats, has put upon the record some personal experience myself in this section of country in adopting what they then found, and I take it that it is entitled to some consid­ a different plan for the purpose of saving the railroad bridges from de­ eration. Mr. Geddes, the chairman of the committee: says: struction by guerrilla bands, whereby prominent people in the neigh­ If the facts stated were actually established by the papers on file and the testi­ borhood were put under bond. But in this case the damages were as­ mony before the present committee- sessed and collected. The only mistake made by the military authori­ That is, that General Grant had made this order- ties was in not paying it to the parties injured and for whose benefit it would most likely concur wit.h the reasoning and conclusions of its prede­ the money was collected. It was covered into the Treasury of the cessor. But thls committee do not find these facts established by the testimony presente d for their consideration. On the contrary, there is nothing in the pres­ United States and there was no way of getting it out except by legis­ ent record to authorize the assumption that "the levying and collecting these lation of Congress. assess ments was supposed to be under and in execution of an order of General Here is a proposition, Mr. Chairman, to reverse the action of former Grant." Congresses. Here is a proposition to pay money collected in further­ On the contrary, it was under an order of General Haynie, sanctioned ance of the purpose of the Union Army in order to compensate Union by General Sullivan. The papers :filed did not show that General Grant men for injuries done to them. ·Here is a proposition to pay back this ever issued an order having special and direct reference to these several money so collected and assessed, because of injury done by these guer­ proceedings in that he desired this money should be turned over to the rilla bands, and c0llected and assessed in pursuance of war authority. parties from whom it was taken. The testimony shows that the pro~ I want this HoUBe and country to know, before they vote this money ceeding originated with General Haynie. ·out of the Treasury of the United States, that they are voting in fact to· It is t rue the superior officers of Haynie and Sullivan could have revoked or pay every war claim which may be presented to the.House . . The collec­ countermanded their orders; but this was not done, as assumed in the reports tion of this money stands on higher authority than the seizure of sup­ heretofore made on this claim. plies. It was done deliberately; it was done after the appointment ot .And so it is assumed in the report now before us. And now the chair­ a commission; it was done in pursuance of authority recognized by all man of the committee making this report proceeds to show this fact, nationalities engaged in war; it was done as a war measure; it was which is not contained in the report of the committee now before us. done by the Union forces for the purpose of putting down the rebellion; Probably, Mr. Chairman, it is not so contained becaUBe they did not it was done to protect from depredation this section of country where have the papers; · but they ought to have taken for granted something there was no rebel army, and where nobody entered except in pursu­ that was put into the report of the priorcommittee of the Forty-eighth ance of a raid or by the boys coming home from the South in the guise Congress and called the attention of the HoUBe to it. They could have of citizens getting to~ether, and while getting ready to go back to the referred to it in some way and given us an opportunity of gathering the army rushing into a town and committing depredations. It was made facts in the case. This report proceeds: necessary to assess these damages for the purpose of guarding property lt will be remembered that on the 23d of .January, 1863, he (General Grant) di­ from attack in this section of country, so that the troops might go to rected this money to be accounted to the Provost-Marshal-General, and we find the front. It was an effective remedy. It ended that sort of raiding. a letter on file in the case of Willis N. Arnold, now before this committee- It relieved the soldiers from that duty and enabled them to be put That is another case- upon active duty at the front. . and whose bill is being considered in conjunction with the present bill for the relief of Hiram .Johnson and others. This letter bears date" Washington, Now, in the Fiftieth Congress we are asked to overturn that action. D. C., June 26, 1866," and was writlien by General Adam Badeau, then on Gen­ We are asked to declare that the action of the Army in pursuance of eral Grant's staff. It was at a period much nearer the time these military pro­ its legitimate purpose is to be reversed, and these people are to be ceedings were had, and must be taken as a correct interpretation of the whole proceeding on the part of General Grant and his subordinates. It is in reply to compensated for the moneys they were compelled to pay as a penalty Willis N. Arnold, who had called on him for aid in his case, which is now before for the injury they inflicted upon the property of Union people. For Congress. The full text of that letter is as follows: one I :protest. If this policy is to be adopted then I say we ought to "In reply to your communication of .June n, addressed to Lieutenant-Gen­ pay everybody. Let down the gates, unlock the Treasury, pay for eral Grant, and requesting that you, as a loyal citizen, might be r~munerated for losses sustained by you at the burning of Henderson, Tenn., General Gn~nt every bale of cotton, pay for every ear of com, aye, let us go further directs me to inform you that an assessment was made by General Sullivan, by and pay for every liberated slave, for the rent of every church and his orders, upon the property of disloyal citizens for the purpose of remuner­ ating the sufferers at Henderson, and that since General Sullivan has been school-house occupied by a passing army; pay for every claim and all mustered out of the service he has informed Geneml Grant that a certain amount the claims which may be set up by those who were in the armies in of such assessment remains in his hands. 6926 CONGRESSIONAL RECORD=HOUSE JULY 27,

"Gi:lneral Grant advised General Sullivan to turn over the said sum to the au­ Middle Tennessee crossed the Tennessee- River, 60 miles away, the thorities, so that it might be devoted to the uses for which it was collected." evening of the 24th of November, and rode all night, reaching Hender­ Now, in 1866, General Grant, through his aide, certifies that this son and making the attack early the morning of the 25th. money was in the Treasury for the benefit of the loyal men for whom They surprised and c.otptmed the post, destroyed the depot, the camp it was assessed, and this was directly at variance with the assertion equippage of the troops, the water tank of the railway company, and that an order was made by him that it should be paid back to the reb­ a quantity of cotton, the property of private citizens, which lmd been els against whom it was assessed. No such order can be produced. It seized by the Federal troops and used for making breastworks. The is the mere hearsay of a gentleman by the name of WilliamS. Hillyer, amount of the damage to the Government was assessed at $5,0 0. who writes a letter in 1872 stating his impression from memory, in This raid was a smprise to the people of Henderson and vicinity, and which he exonerates himself, and it is cited in this report that this fact to the parties named in this bill, as great as it was to the ttoops who had a great deal to do with the character of the report. were captured. These claimants bad no more knowledge that such Now, sir, of this money thus seized and put into the Treasury a por­ a raid was contemplated than did the commanding officer at Henderson. tion of it has already been devoted by Congre...~ to the payment of those I think the proof on file in the case will fully justify me in this state­ loyal men for whom it was assessed. On March 3, 1875, $9,606.36 ment. The immediate commanding officer, Col. I. N. Haynie, appointell were allowed to be paid to Mr. Aldridge, one of the men whose prop­ a board to assess the value of tbe property destroyed, and under the erty was taken, and it leaves $12,665 in the Treasury out of which to direction of his superior commanding officer, General J. C. Sullivan, pay, as this bill provides when amended, $22,271.65. he· levied an assessment upon the citizens named in this bill amounting Now, sir, there is another significant fact in relation to this last ap­ to $27,351.36. There has been much controversy over the object of propriation. General Grant was President of the United States at the this assessment, but the sworn testimony of General Sullivan seta a~ time this last bill passed appropriating nearly $10,000 out of this rest all legitimate question about that. fund to these loyal claimants from whom it had been taken. General Colonel Haynie seelll.&. to have had the idea that the money was col­ Grant sigued and approved the bill. I submit to any gentleman lected to reimburse the Government for losses sustained, and to pay whether if General Grant had given an order that this money should the citizens who claimed to be the owners of the cotton destroyed; but be paid back to those from whom it was assessed, he would have ap­ General Sullimn swears that the money was collected and held as in­ proved a bill from Congress appropriating part of the fund to the par­ demnity against future injuries by similar raids, and it was levied upon ticular purpose for which it was assessed. There i.s no claim that leading citizens who it was supposed might have in.flucnce in helping these men were loyal; the1·e is no claim in this report that they were to maintain peace and order in thatsection; and that the money ought not implicated in this raid; there is no claim in this report that the to be returned to those who paid it. assessment was not just and equal npon them. We claim that it was Now, the gentleman from Illinois [Mr. RoWELL] was in that section nomorethan shouldhavc beenassessed nnder the circumstances. The during the period this occurred, and states that he placed the citizens report of the committee admits that it was mad.e in accordance with under bond, and if anything of that kind occurred he collected the the laws of war, and there is no claim that it was illegal. penalty. That was one method of doing it, and this assessment was The only claim is that now the war is over and this money is in the another. The difference between his method and that of General Sul~ Treasury, which is not entirely true, and it ought to be paid back. livan was that he held the money indemnity, while the gentleman As the gentleman from illinois stated-and ita influence upon my mind from Illinois [Air. ROWELL] held indemnity bonds. · determined me absolu~ly on this case-if you now can go back and The reason why this money was not returned to these claimants as pay claims of this kind there is no excuse for not paying any claim that contemplated by General Sullivan was that General Sullivan· was trans­ may be brought in for damages in consequence of the war for millions ferred from that command, and by order of General Grant the money and hundreds and thousands of millions of dollars, I was going to say, was paid over to Colonel Hillyer, the provost marshal-general at Jack­ for property destroyed, taken, and useji during the war. This is only son, Tenn., and finally fonnd its way into the United States Treasury. another way of taking the property, which was d~ne in order to pre­ When the pri\ate citizens who tried to establish a claim on this fund vent a greater destruction of property and to prevent the use of the lor cotton destroyed, on the line of argument pursued by the gentle­ Army in guarding property when they were needed for fighting in the man from Wisconsin and the gentleman from Illinois, General Meigs, field. the Quartermaster-General, made a statement that "the money col­ Why, sir, it seems to me astonishing that a committee of this House lected exceeded the amount which General Grant had intended to have can recommend the payment of a claim of this kind and refuse to rec­ collected, and that General Grant refused to permit it to be applied to ommend the payment for the taking of cotton and the destruction of the payment of private losses and damages." buildings, the trampling down of fields and the destruction of fence.s, Here we have the statement of this distinguished officer, made with or any other destruction caused by war. This, and every other com­ a full knowledge of all the facts, in direct corroboration of the state ~ mittee of this House, has always refused to pay any such claims. ment of General SuDivan, clearly showing that this money does not With these remarks, M:r. Chairman, I leave the question with the belong to anybody except the unoffending and peaceable citizens who House, confident that it nnderstands our side of the case. paid it to the Government officers. In a letter to the Secretary of Mr. ENLOE. .Mr. Chairman, I regret that it is necessary for me to War, dated Quartermaster-General's Office, Washington, D. C., De ~ enter into a discussion of this C..'\Se, but in view of the statements cember 2, 1871, General Meigs, after reciting the circumstances at­ made by the gentleman from Wisconsin and the gentleman from Illi­ tending the collection of this money, uses the following language, to nois it is due to the people I represent, who are interested in this meas­ which I invite the especial attention of every fair-minded member of ure, that I should make a briefstatement as to the matter it embraces this House. He says: and the ground upon which this claim rests. I will say in the first General Grant, then commanding, ordered a war levy npon neighboring rebels, and the full value of the United States property and of the cotton (private place that this bill has been reported favorably by five different com­ property) destroyed appears to have been collected. Colonel Hillyer states that mittees in Congress. It was reported three times favorably in the the money thus collected exceeded the amount which Geueral Grant had in­ House, and it has been favorably reported twice in the Senate, and the tended to ha>e collected, and that General Grant refused to permit it to be ap· plied to the payment of private losses and damages. . present report which was made by the Committee on War Claims was Part of the contribution or levy appears to have gor:te into the military rail­ made by General Bragg, of Wisconsin, when he was chairman of the road department, being that which represents the value of public property de­ Committee on War Claims of this House; and every gentleman ac­ stroyed. Part of the remainder, namely, $30,000, went into the hands of the quarter­ quainted with his high character as a legislator knows that he was a master, Col. C. A. Reynolds, as appears from his accounts on file at the Treasury. man who looked very carefully into these claims and did so more thor­ In settling the accounts of officers of this department, military collections, oughly, not only as a matter of exact justice to the Government but to levies, rents of abandol!ed or captured buildings, etc., are, if their proceeds have been nsed in the operations of the Quartermaster's Department, charged against the claimants, than any man who ever presided over the Committee on the regular appropriation of the Quartermaster's Department, and the amount War Claims. is placed in the Treasury by transfer warrant to the credit of these irregular These various reports were made nnanimously by the different com~ funds. • While it was within the military authority and power of a general in the field mittees that have considered this bill, and this bill has passed both the to Ie"-y and collect money as fines; and while he mighthavepaid the proceeds Senate and the House, but never both at the same session of Congress. to those who bad been injured by the enemy, it appears that General Grant re­ In the Forty-sixth Congress there was only one vote against it in the fused to do this, and I know of no law by which any officer of the United States can now take this money from the Treasury and apply it to the payment of Honse. It passed the Senate less the amount of the claim of Arledge these losses and damages. and Patterson. I am of opinion that the parties have no claim in law, and no officer, so far as Mr. KERR. Did it pass with the $22,000 provision? I know, bas power to relieve them. Mr. ENLOE. As I before stated, it passed the Honse in the Forty­ Is it not remarkable that at this day we find gentlemen here in this sixth Congress in iU! present form, with but one dissenting voice, upon House resisting the payment of this money to the people to whom it the report which was made originally by General Bragg, of Wisconsin, honestly belongs on the flimsy pretext that it belongs to the men who who was at that time chairman of the Committee on War Claims; and claimed to be the owners of the cotton seized by the Federal troops that report was unanimously adopted by the Senate committee, and it and used for breastworks, which was destroyed in battle, and making is the same report made by the Committee on War Claims on the pres­ this assertion in the face of General Meigs's declaration that they have ent bill. The claim originated from a raid made by a detachment of no claim in law? Confederate troops under Col. N. N. Cox, a regular officer in the Con­ 1\Ir. ROWELL. Were they not claiming itoutof the Treasury with­ federate army, on the Federal post at Henderson, Tenn., on the 25th out any act of Congress? day of November, 1862: This battalion of Confederate troops from M:r. ENLOE. Yes; and the Quartermaster-General decided th!it •·

1888. CONGRESSIONAL RECORD-HOUSE. 6927

1· they had no clnim in law, no legal right to make any such claim on say-he will not dispute the statement. I suppose-that a little less this fund. than $10,000 has already been appropriated by Congress out of this Mr. ROWELL. Yes; he decided that, having been covered into the money to a portion of these people for whose benefit it was assessed. Treasury, the only way it could be taken out was by an act of Con- Mr. ENLOE. Now, in regard to that I want to make a statement. gress. Aldridge and Patterson, two parties who claimed that they had sus- Mr. ENLOE. He did not say anything about that; but he said that tained losses by the raid, that their cotton was destroyed, wanted the it could not be applied to the payment of damages to private property Government to stand in the attitude of insurer of their cotton against because it was not collected for that purpose, and that General Grant destruction by the Army. They came here to Congress making a claim so stated. More than that, we have the statement of the commanding upon this fund; and Congress did pass an act appropriating out of the officer himself, General Sullivan, that his purpose was not to take this Treasury (the act, I believe, does not recite that the appropriation is money and turn it into the Treasury, but to hold it as indemnity, just made out of this specific fiund) about $7,000. as the gentleman from illinois [1\Ir. RowELL] took bonds and held them Mr. THO.!YIAS, of Wisconsin. Nine thousand six hundred dollars. as indemnity. Mr. ENLOE. No, sir; $7,795.08 was the amount actually paid to He did not collect those bonds, and General Sullivan intended, not Aldridge and Patterson. that this money'should be turned into the Treasury, but that itshould Mr. ROWELL. What amount does the bill cover? be returned to tbepartieswhopaidit. Anotherpoint. He states that Mr. ENLOE. Nine thousand six hundred and six dollars. the damages sustained amounted to $27,000. The amount assessed Mr. ROWELL. How came the deduction to be made? Was it not was $27,000, and something over, but that damagewasinalargemeas- on account of some claim that the Government had against them? me the destructionofthepropertyufindividuals, which was destroyed Mr. ENLOE. I do not know. in the course of the conflict between the two contending forces. The Mr. ROWELL. Is not that true? Government loss was only $5,080: as found by the board of assessors Mr. ENLOE. I do not know that it is. appointed at the time to ascertain the amount of the damages. Mr. ROWELL. The appropriation was $9,600, the exact amount Mr. CATCIDNGS. Does the order indicate the purpose for which of the assessment by Colonel Haynie's commission. Is not that true? the money was taken? Mr. ENLOE. I am not aware that that is exactly correct. The ex- Mr. ENLOE. The terms of the order, as stated by the commanding act amount appropriat-ed was $9,606. But I will say this: If Con- ­ officer, were that it was taken for the purpose of reimbursing the Gov-~ gress decided that a portion of this fund belonged to those parties, it ernment and reimbursing these citizens; but the superior officer, Gen- so decided in violation of the construction of that order placed upon it eral Sullivan, and his superior officer, General Grant, decided that it by General Grant and General Sullivan, and in violation of the rights was not collect-ed for that purpose, and turned it into the Treasury, re- of the parties to whom the remainder of this fund honestly belongs fusing to pay it to these parties. after paying the Government the loss it sustained by the raid. More than that. I want to state that there is testimony, abundant Mr. HENDERSON, of Iowa. Are there contending interests in re· testimony, to show that these gentlemen who are making these cla~ gard to this money? • . did not have any vestige of right to make a claim upon the Govern~ 111r. ENLOE. There is one gentleman who bas been making a claim mentor npon this fund for property destroyed, and that they never- here; I do not know whether _he has presented his claim during this had at any time in their lives such an amount of money as they claim Congress or not, but he heretofore presented a claim. I suppose he' to have had invested in cotton at that time. has abandoned it because he was discredited by the testimony of Col. I have here the statement of Col. Fielding Hurst, the commander of Fielding Hurst, who commanded the Federal troops raised in that conn­ a regiment of Federal troops that was raised in that country. He knew try, and who said that he never was the owner of as much as 10 b:1les these people; he lived among them and practiced law among them; and of cotton at any one time during the war. he says that they were not in any wise concerned in this raid, and were Mr. ROWELL. When did he say that? Where is the evidence? not in any way responsib~e for the destruction of this property, and 111r. ENLOE. I will furnish the gentleman the evidence. I .will, that there was no reason why this assessment should be levied upon if it is desired, read the statement that Colonel Hurst made in rega1·d them, except the mere fact that they lived in the v~cinity where the to this matter. • damage was done. The gentleman from Wisconsin [Mr. THO:i.\I.A.S] Mr. CATCHINGS. Is there any report or order designating the per­ sought to leave the impression that these men were concerned in that sonswhosepropertywas destroyed andforwhose benefit the assessment raid, or that their sons were concerned in it, that they organized or were was claimed to be made? instrumental in organizing the force that captured this property and l\1r. ENLOE. Yes, sir; the list of names is set out in the proof on destroyed it; but I say there is not a particle of evidence to sustain that file in the case, and the amount paid by each one. This bill simply statement. proposes to pay back to them, pro rata, the amount collected from them. I deny the allegation in toto, and challenge the proof; and I say that Mr. HENDERSON, of Iowa. Is the original order, under which the proof shows that these were peaceable, law-abiding citizens under the assessment was made, very lengthy? If not, I would be glad to thej urisdiction of this Government, because the jurisdiction of the Fed· have my friend read it eo that we may know the basis of this matter. era! Government;was at that time full, ample, and complete in that por- 111r. ROWELL. The commission found the name of each person tion of Tennessee, and these people were as much entitled to protection who suffered damage, and the exact amount of the damage. in their property rights as if they had lived north of the OliioRiver. Mr. ENLOE. Here is a list of the names; andhere is a copy ofthe Mr. HENDERSON, of Iowa. I have not been able to get a copy or receipts. I will publish with my remarks, if gentlemen desire it, a the report, and I do not know that I understand the position of this statement showing how this order read, and the numbE>r of parties em­ claim. As I understand, under orders of the commanding officers at braced in it. But that is all set forth in the evidence, and it would the point indicated parties who had been connected with raids or who unnecessarily encumber the record. I have not time to go into that were identified with treason at that point were fined. Was that the further at this time. situation? l\1r. CATCHINGS. Was this inquiry into the amount of the dam- Mr. ENLOE. No, sir; the fact is this-- age, and who sustained it, made prior to the order of assessment? Mr. HENDERSON, of Iowa. Who were fined, and what for? l\Ir. ENLOE. This board that made the investigation as to the losses Mr. ENLOE. These citiz.ens who lived in the vicinity of Render- sustainedacted underColonelHaynie'sorder. Asihavestated,Colonel son were fined for the reason that they lived in that vicinity. Haynie had the board make an assessment of the amount of damages Mr. ROWELL. Is that true, or is it not rather true that they were sustained, and to report by whom sustained. fined because they were active sympathizers with the Confederacy? Mr. CATCHINGS. Then this assessment was made to cover the Mr. ENLOE. Of course almost every man in that country was in amount embraced in the prior report? a certain sense a sympathizer with the Confederacy when the mass ot Mr. ENLOE. It was made to cover the full amount of the value of the people there were engaged on that side of the conflict. But they all property destroyed, though as General Meigs has said, the assess­ were not active participants i,p the struggle in any way, and were not ment was in excess of the amount co11templated by General Grant or responsible for this raid which was made at Henderson. his order. Mr. HENDERSON, of Iowa. The assessments, then, were for the l\1r. ROWELL. That is not all. The full amount was not in the pmpose of making the citizens join together to prevent raids? first instance collected, and a second assessment was made. Mr. ENLOE. For the purpose ofmaking them use whatever influ- l\Ir. ENLOE. And GenernJ. Grant and General Sullivan, who were ence they might have upon the regularly constituted authorities of the the commanding officers, decided that the order did not contemplate Confederacy to prevent further raids. the payment of private pal'ties for property destroyed. , Mr. HENDERSON, of Iowa. And the parties who were fined or Mr. ROWELL. When did they so decide? assessed for this purpose are now applicants for the restoration of the Mr. ENLOE. Upon the application of Aldridge and Patterson for money? a part of this fund General GranG so decided, and General Meigs stated Mr.. ENLOE. They are applicants for the restoration of the money that the money could not be paid to them. after reimbursing the Government for every dollar of loss which it sus- Mr. ROWELL. Simply because it had been turned into the 'rreas- tained. ury of the United States. l\1r. HENDERSON, of Iowa. What amount is embraced in the bill? Mr. ENLOE. This was not stated as the reason. More than that, Mr. ENLOE. Twenty-two tl,wusand two hundred and seventy-one it seems to me that if the commanding officer did not understand his dollars and seventy-six cents. · own order, it is a very late day for gentlemen to come here to put a Mr. THOMAS, of Wisconsin. The gentleman will permit me to new interpretation npon it. 6928 CONGRESSIONAL RECORD-===-HOUSE. JULY 27,

Mr. THOMAS, of Wisconsin. Can you :find in the War Department their birth in that rebellion. Of course if we pass this bill then we or elsewhere any order signed by General Grant to that effect? might as well pass a general bill at once in the interest of harmony and Mr. ENLOE. No, sir; but I find that Colonel Hillyer and General good will and peace, and shaking hands across the bloody chasm, in Sullivan and Generall\feigsmake the statement, that this was the con­ order to indemnify the whole South for the past. struction that General Grant placed upon his vrder. Now, I do not oppose this bill as a partisan. I oppose it with inti­ Mr. THOMAS, of Wisconsin. One other question, and I will not mate, personal knowledge of the relations between the Army and the trouble the gentleman further. Is it not a fact that General Badeau citizens of West Tennessee at the time this assessment was made. stated in 1866 that General Grant did not construe the order, but said This assessment, we are told by the gentleman from Tennessee [Mr. the money should go to the payment of these men for whose benefit it ENLOE], was made according to the testimony of General Sullivan, taken had been assessed? years after the war had closed, as to his secret intention, given when Mr. ENLOE. That wasa mere voluntary statement of General Ba­ the war was all over, that the money was to be returned to the parties deau as to a matter upon which General Grant had previously spoken from whom it was taken. Now, this order was issued by Cqlonel Hay­ himself, and those associated with General Grant at the time of the oc­ nie, commander of the post, in pursuance of a liberty given in general currence discredit the authority of General Badeau to speak for Gen­ army orders. It was definite and specific. It was for the purpose ot eral Grant. They :placed upon the order at the time the construction I indemnifying the United States and individual sufferers. It wa-s an have stated. · effective order, just the same as when bonds were required to be given Mr. THOMAS, ofWisconsin. No, sir-- by neighboring prominent residents, which I carried out in Jackson, Mr. ENLOE. I decline to be interrupted further. was an effective method of preventing raids and damages being done I want to sa.y that those citizens, the claimants in this bill, were the property of private citizens. · not engaged in any way in promoting the rebellion at the time this This order was issued for that purpose. This method was taken. transaction occurred. A great many of them were not even connected Either or both methods proved effective in accomplishing the purpose. by relationship with the army in any way. They simply happened This order ended the raids within 60 miles. It prevented a continu­ to reside in that portion of the cotl!ltry, and to have some property ; ance of like damages occurring in West Tennessee on the part of men and on account of their residence in that vicinity the assessment was in <,:itizens' clothes, giving out they had abandoned the cause, and who, levied. I suppose if the matter had occurred in any other neighbor­ when they got together and were ready to go back to the army, rushed hood the citizens of that neighborhood would have been treated in ex­ into the towns and destroyed the property of the citizens. actly the same way. These people have been faithful, law-abiding, I do not know this particular damage at Henderson was of that kind, loyal citizens from the time that the army went into that. country. but we know that within 50 miles these raids were being made and They have renewed their allegiance to the Government, and were at propertywas being destroyed. Itwasatatimewhen the UnionArmy that time, and have been from that time, loyal to the Government. hacl absolute control of West Tennessee. There was no organized rebel They have been looking forward t.o the paymenJ; of this claim. They army near it. The railroads were being operated and business was be­ believe it is right and just. ing carried on when this damage was done. There is no man in my section of country, Democrat, Republican, Colonel Haynie a._qgessed the damage. What for? To reimburse the white man or black man, who does not believe that the Government United States and to 1·eimburse the individuals who were injured in has done a great wrong to these people in withholding this money. If their property. He called a military commission, and that commis­ my district had been represented in this Congress by a Republican in­ siop. sat to ascertain the ownership of the property which had been de­ stead of a Democrat, my competitor in the canvass, occupying on this stroyed and the value of that property and the value of the United question exactly the same ground that I do, he would have been here States property which had been destroyed. The sons of these rebel advocating this measure, because it is recognized as a simple act of jus- sympathizers were in the army. The assessment was made. When tice. . it was collected some of the parties got out of the way and went South, I do not think it right at this late day for gentlemen to undertake to m that the money assessed on them could not be collected. A reas­ prevent the payment of a just claim by appealing to war prejudice. I sessment was then made and the money was collected and turned over do not think it right in any citizen, I do not care whether he be a to the proper officers of the United States Army, who placed it in the Democrat or a Republican, to come before Congress or to go before the Treasury of the United States. Everybody knows when· it got into country and undertake to obstruct the passage of a just claim by ap­ the Treasury of the United States it could not be gotten out except by pealing to the prejudices of the war. an appropriation, and that is all there is of the matter. In behalf of those people, I want to say that most of them are broken Mr. WASHINGTON. Will the gentleman allow me a question? up, so far as worldly circumstances are concerned. Some of them are Mr: ROWELL. Certainly. almost in absolute poverty; and this small sum of money which the Mr. WASHINGTON. I merely want the gentleman to throw light Government wrongfully withholds from them, if it were paid over to upon this point, and I ask him for information. You say this money them, 'wo"llld be of great help to them in their necessities. I hope, was turned into the Treasury by these officers who collected it? Mr. Chairman, the bill will be passed. [Cries of '• Vote ! ''] Mr. ROWELL. Yes, sir. l\Ir. WILSON, of Minnesota. I should like my friend from Ten­ Mr. WASHINGTON. Now, if they had a right to assess and collect nessee to answer me this question: Wherein this in principle differs this money upon innocent parties for the. purpose of reim horsing tboso from....the order of the President of the United States emancipating the whose property, in the amounts stated, they alleged bad l:iecn de­ slaves, or from any other act in aid of putting down the rebellion? stroyed, then had they not an equal right to reimburse wit.b. the money Mr. ENLOE. I wish to state to the gentleman from Minnesota that ilO assessed and collected the persons for whose benefit it was collected, that is an entirelv different matter. jnstead of placing it in the Treasury? Mr. WILSON, wof Minnesot-a. In principle wherein does it differ? l\:lr. ROWELL. No, I think not. Ordinarily quartermasters in the l\fr. ENLOE. In principle it differs in this respect. This assess­ Army receiving funds in this way and who are obliged to account for ment was not levied for the purpose of punishing these citizens. It them wonld be very likely to turn them over in the first instance to was not levied for the purpose of putting money into the Treasury of the Treasury of the United States in order to get credits, because they the United States. It was levied for a specific purpose. What was had no authority to disburse money except in pursuance of law; and that purpose? It was not levied entirely for the purpose of paying there would be no return of what he did with the.money, or any vouch­ losses sustained by the Government, but mainly for the pui:pose of ers f0r it, unless it passed through the regular channels. Colonel holding it as an indemnity in order.to prevent, as he states, Confeder­ Haynie went out of command; General Sullivan went out of com­ ate troops in the future from making raids into that country. mand; and the regulations of war required that this money should be As I stated awhile ago to the gentleman from Illinois, General Sul­ paid out in accordance with the appropriations :fixed by law. livan took this money and kept it for the purpose which I have stated, l\fr. WASHINGTON. Permit me to interrupt again, simply for the intending all the time that it should be returned to these citizens. purpose of getting information from the gentleman. These parties who It is now proposed in accordance with that intention on the :part of lost their property made application to Colonel Haynie for relief, and General Sullivan to return this money to the :parties to whom it be­ he levied an assessment npon innocent persons to make good the dam- longs. Mr. LANHAM obtained the floor. agk. ROWELL. There is a difference of opinion on that point. I Mr. ROWELL. I desire to make a statement. say "guilty" parties. . 1t1r. LANHAM:. How long does the gentleman desire? Mr. WASHINGTON. Well, assume that they were guilty parties, Mr. ROWELL. I will not occupy longer than five or ten minutes. then. It was not charged that they were the parties who destroyed Mr; LANHAM. My desire is to get through with the discussion of the property. But assume that they were guilty parties in the sense this bill so we may get to some other business upon the Calendar.· that the gentleman means. That levy was made on the property of Mr. ROWELL. I will-not occupy the floor but for ten or :fifteen men who were accounted as rebel sympathizers by Colonel Haynie for minu.tes at the furthest. the purpo~e of reimbursing loyal parties whose property was alleged The CHAIRMAN. The gentleman will proceed. to have been destroyed. Now, I ask this question: If he bad the right Mr. ROWELL. It would seem, Mr. Chairman, from the argument to levy nn assessment on n.ll disloyal persons living in that neighbor­ which has been made to-day that we are not to be permitted to resist hood for the purpose of reimbursing those who bad lost their property, the application for the payment of the damages and ravages of war or to compensate for property tbat had been destroyed, how would he without being accused pf a desire to stir up the animosities which had have violated any law if be had carried out the purpose of his order of 1888. . CONGRESSIONAL RECORD-HOUSE. 6929 assessment to its legitimate conclusion and reimbursed the parties who mire the courage of the man and his loyalty in maintaining his convic­ alleged that their property had been destroyed to the amount of the tions in the midst of rebels. I was only saying that he was a man of as.5essment ? haste, a man who sometimes said things hastily, and he was used to Mr. ROWELL. If the money had come into Colonel Haynie's hands say very saucy things againsta man when he thought he had occasion. I am ready to venture any prediction that it would have been so paid. Mr. ENLOE. If you had known Colonel Hurst as well as those liv­ Mr. W .A.SHINGTON. Well, take his officers acting under his or­ ing in that country you would not doubt his loyalty or his veracity. ders. I t went into their hands. Colonel Hurst's word, as far as tlrat is concerned, should be taken as Mr. ROWELL. But he was the' commanding officer and not thf;l against Arnold. I say that Colonel Hurst made a mistake in the in­ disbursing officer, and the money did not come into his hands. stance mentioned. There is no particle of evidence in the world that General Grant did Mr. ROWELL. I repeat again that· I have not attacked Colonel not understand that the money was to go to the parties for whose benefit Hurst. I admire him more than those gentlemen who are now seek­ it was to be assessed. ing to get this money from the Government. He did fight bravely for Mr. CATCHINGS. Why has not the money been paid to these peo­ the Union, and he was not af-raid to maintain his sentiments in the nle? midst of rebels. I only said that he was liable to make mistakes. - Mr. ROWELL. It got into the Treasury, and subsequently a bill You say this man is loyal, having a just claim against the Govern­ came in to the House for the benefit of one of the parties for whose benefit ment. Does it operate against him because he.is a liar? You say that the assessment was made, and the sum of $9,600 was claimed by him. these men are not rebel sympathizers, so found by the military officers The bill promptly passed, and was signed by General Grant, and the in command there. And this man Arnold had cotton and other prop­ money paid over, less 8ome small amount that I believe the Govern­ erty destroyed, so far as has been found by the military commission. ment had as a counter claim against him. Mr. ENLOE. Upon his own testimony. _ Mr. WILSON, of Minnesota. In other words, this money was paid Mr. HOWELL. They found the fact; I do not know upon whose in pursuance of the purpose for which it was originally taken? testimony. . Mr. ROWELL. Yes, it went to one of those persons for damages to Mr. ENLOE. I want to say to the gentleman, as far as that is con­ his property. cerned, that Colonel Hurst did not make this as a hasty statement, but Subsequently thesa parties came to the Forty-fifth Congress or the made it under oath. That is his sworn testimony. Forty·sixth Congress and a report was made in favor of paying them Mr. ROWELL. Of course it is. them back. In the Forty-eighth Congress there was a report in favor Mr. ENLOE. He did -not make it hastily. of paying $12,000, the remainder on hand, to these parties, and against Mr. ROWELL. Did it make any difference because these men are paying the persons for whom the present bill was framed. But here good men? Why, the rebel army was full of good men. What I say comes in a report now that carefully avoids saying a word about the is that these men were giving aid and comfort and sympathy to the fact that $9,600 of the original assessment had been already paid out enemies of the United States. Does that m~ke any difference in the of the Treasury to one of the parties for whose benefit it was levied. character of this claim? I say that you have undertaken to change the I was a memberoftheCommitteeon War Claims of the Forty-eighth issue upon character, when the issue has been upon the principles of Congress and thoroughly investi~ated the matter, the committee of law. that Congress reporting unanimously against the present bill and in Mr. ENLOE. I say that the ~entleman is not as good a witness to favor of paying the $12,000 to the parties for whose benefit it was levied. men's character in that country as the officer commanding the Federal Now, it is a simple question of inference that General Sullivan was forces there at that time. afterwards induced to say that in his secret thought he had a different Mr. ROWELL. But he did not command a regiment around Hen­ intention from what the written order meant in making that ass£>ss­ derson. Colonel Hainey, of Illinois, whom I loved in his life-time, was ment. It was an effective order-- in command there. No betteror braver soldier ever marche!l to afield Mr. ENLOE. Will the gentleman permit an interruption? of battle from my State than Colonel Haynie. These facts were found ~Ir. ROWELL. Certainly. by the eommission: and the question is not whether good men should be Mr. ENLOE. I want to interrupt the gentleman for a moment to paid, but whether we shall repay money collected in pursuance of an make a statement in regard to the character of the claimants to whom order legally issued in pursuance- of the policy used in the suppression he refers, and the character of the citizens upon whose property the of the rebellion, and in pursuance of the war power conceded by all assessments were levied. I want to introduce in this connection, as a nations. This money was collected to reimburse parties for damage witness, Col. Fielding Hurst, who raised a Federal regiment in Ten­ done in order that that sort of damage might cease. It was a most ef­ nessee and served in the Army. He says: fective remedy, and it is a question whether or not at this late day the I hav'e been familiarly acquainted with the claimants for more than forty Congress of the United States is going to restore that money so col­ years, and I know them to be honorable, just, and goodmen, who were at home lected. The men who weTe under bonds in West Tennessee were made in the peaceful pursuits of life when the a.Esessments and collections were made. I know of no gentleman whose character for goodness is better than that of liable iffutureraids were made, and their moneywouldhave been col­ the claimants. - lected, not in a court, but by military authority in pursuance of military Further he says: right, and that money, had it been collected, would have heen liable to I think they are as justly entitled to that money as I am to reap the reward of be paid back just the same as this is. · my daily labor. The Union Army pu_~ued another policy. They determined· to live I especially call the attentionofthe committee and of the gentleman off the country in certMl of their movements for the purpose of more from Illinois to the statement of Colonel Hurst with reference to Willis quickly and more certainly suppressing the rebellion, and we n.re now N. Arnold, whomadesomeclaim before theForty-eighthCongress. He to pay the enemies of the country for the provisions seized, the horses, says: mules, and cotton seized in pursuance of that policy, when the people Again, as to Willis N. Arnold, who interposed some objection to the relief from whom they were taken were giving a~d and comfort to the enemy! sought by the claimants, and setting up some sort of claim to the money as hav­ I declare my belief that there never has been a claim before Congress ing been collected for his benefit. I must say that Mr. Arnold was a very poor so far reaching in its effects as a precedent as this one, and I shall op­ man at the commencement of the war in 1861. He certainly had no money to pay for cotton or to enter into any other speculation upon. He was esteemed pose it. a villain and an outlaw befor~ the war, and he was in our county jail for pros­ Mr. THOM.A.S,.of Wisconsin. I want to occupy only a few minutes; ecuting false claims against the Gove.rnment before the war. 1 think he begged not to make an argument, but to read one or two things that may be and paid out some two years before t.he war commenced, and was living on a. poor and very small farm iu Henderson County, adjoining this. As to his loy­ found in the laws of the United States and in the records of Congress. alty, it was manifest as being what I call a." camp follower" and a thief, who An act of Congress approved March 3, 1875, provides as follows: ran the blockade and dealt in cotton and Confede1·ate money in a sma.ll way. That the Secretary of the Treasury be, and is hereby, authorized and req uired, That is the character of the man who comes and makes ·a claim in out of any money in the Treasury not otherwise appropriated, to pay to John Aldridge, of McNairy County, Tennessee, such sums, not exceeding $9,606, as the his own behalf, trying to defeat the just payment of citizens that­ Secretary may deem reasonable, from money paid into. the Treasury of the Colonel Hurst, the Federal commander in that country, speaks of in United States by virtue of an assessment made upon the disloyal citizens of and such high term.S, and surely if any one had prejudice against them he around Henderson 8tation, Tenn., to make repayment for the 'd estruction of cotton, the property of said Aldridge; the sum paid to be charged to the a ccount would have, but he says they were at hoine engaged in peaceful pur­ of captured and abandoned property. suits and they are en~tled to this money. That shows that $9,600 of this money has been already appropriated Mr. ROWELL: I do not know of any reason in the world why a to the purpose for which it was assessed. . liar is not entitled to make his claim, or that an honest man is en­ Now, :Mr. Chairman, a Democratic committee of the Forty-eighth titled to deny it _to him. I do . not know who Arnold was, but I do Congress examined all the facts in this case, and made a report, from know Colonel Hurst. A man in Mississippi was reported to be not which I will read. A letter was written by one Arnold to General only a rebel, but that he never owned a dollar in the world, and yet Grant, and it was answered by General Grant through General Badeau, the man owned a large plantation, was a pensioner of the Government, then a membE:r of his staff. and a loyal man, and Colonel Hurst wrote and said all sorts of hard But let me say right here that there is not extant an order of Gen­ things about him, but subsequently wrote tilat he had the names eral Grant, or of any aid of his, or of any competent authority, stating mixed, and had. got the wrong man. that this money was to be repaid to the persons from whom it was as­ Mr. ENLOE. I am not here to defend the character of Colonel Hurst, sessed. General Grant, through General Badeau, wrote to Arnold in but his character stands before the people of that country a great deal 1866 as follows: better than Mr; Arnold's, whose testimony is impeached. In reply to your communication of .June 11, addressed t-o Lieutenant-General Mr. ROWELL. I have made no attack upon Colonel Hurst. I ad- Grant, and requesting that you as a loyal citizen might be rcmunerat.ed for XIX-434, . 6930 CONGRESSIONAL RECORD-HOUSE. JULY. 27, losses sustained by you at the burning of Henderson, Tenn., General Grant di­ These are the grounds of my opposition to this bill, and for these rects me to inform you that an assessment was made by General Sullivan by his orders upon the property of disloyal citizens for the purpose of remunerating reasons I wish to say that I shall vote against not only this bill, but the suff(!l'ers at Henderson, and that since General SuUivan has been mustered all bills of alike nature, as I stated a few days ago on the discussion out of the service he has informed General Grant that a certain amount of such of a bill to pay for cotton used by the Union Army for breastworks at assessment remains in his hands. General Grant advised General Sullivan to tum over the said sum to the au­ Nashville. I stated in that case that there was no legal liability on thorities, so that it might be devoted to the uses for which it was collected. the part of the Government, and that I thought due regard to public The committee therefore find that the record clearly establishes the fact that policy dictated that we should not by our action in Congress create or loyal citizens were molested, that their property was destroyed, that ita value was adjudged by a proper military commission, that assessments were made on a-eknowledge any such liability. disloyal persons to reimburse their loss, that the money was collected, lihat it was Mr. WASHINGTON. Is there not a great difference between the turned into the Treasury to be devoted to the uses for whtch it was collected, return of an assessment of money like this and the destruction of pri­ and that the said money is now in the Treasury,less the amount payable to Aldridge, and that there is no legal or equitable right in the claimants mentioned vate property for war purposes? in the bill [this bill] to any part of said fund; but that, .having been assessed Mr. WILSON, ofltlinnesota.. They bothstandonpreciselythesame and collected for a special purpose, it should be devoted to that use or held in principle-an exercise of the war power. If there is any difference it is the Treasury a.s an indemnity to the United States. a. difference in circumstances and not in principle. Now, sir, it is inconceivable to me th?t a nnanimons report of a We must look at the principle that underlies these cases and not at Democratic committee denying that General Grant ever made any such minute and unimportant differences that do not affect the principle. order as is alleged here can be a mistake, and if it is nota mistake these The same rule and reason that wonld tolerate the using of cotton as a men certainly have no claim. defense or breastwork wonld tolerate its destruction if necessary, and l\fr. LANHAlti. In the interest ot other business on the Calendar, wonld sanction that which was done in this case. They stand uppn I ask unanimous consent that debate be now closed on this bill. the same reason that sanctions the desliruction of property to prevent l't1r. WILSON, of Minnesota. I want to occupy a few minutes. the spread of a. conflagration, the public safety, as I have said, being in Mr. LANHAM. Then, I ask unanimous consent that all debate on all such cases the supreme law. this bill be limited to five minutes. · In this case the facts are that in 1862 a party of rebels made a. raid l'tfr. WILSON, of l'tfinnesota. I can not agree to that, but I do not upon a small force of Union troops stationed at Henderson, Tenn. The think I shall occupy over ten minutes. raiding party captured the Union troops, with their arms and camp Mr. LANHAl'ti. Say ten minutes, then. equipages, burned a. quantity of cotton belonging to the United States l'tlr. BURROWS. Let the gentleman from ltHnnesota have fifteen and to private individuals, and also destroyed the depot buildings and minutes. water-tanks of the railroad company. Thereupon Colonel Haynie, the lt.fr. WILSON, of .Minnesota. I do not think I shaJl take over ten commandant of the Union forces at the post of Bethel, Tenn., appointed minutes, and I may not occupy more than five minutes. a board of officers to investigate the losses and appraise the damages, Mr. ENLOE. How much time have I remaining, l't1r. Chairman? with a view to assessment by way of reprisal upon the rebel sympa­ The CHAIRMAN." The gentleman from Tennessee has thirty-five thizers about Henderson. The board so appointed assessed the >aluo minutes. of the property destroyed at $26,751.36. Mr. ENLOE. Then I yield to the gentleman from Minnesota [Mr; Upon this report Colonel Haynie ordered the assessment of the WILSONl ten minutes of my time. amount to be levied upon the r~bel sympathizers in :md above Hender­ The CHAIRMAN. The gentleman from Texas [Mr. LANHAM] asks son; and the sum was collected of them. All this, as I have above unanimous consent that all debate on this bill be limited to ten minutes. said, the military commandant had a right to do according to the laws 1t1r. ENLOE. I want to reserve the balance of my time. I am willing of war, either by way of punishing the enemy for what they had done to agree to a limitation, but I do not want to give all the time to the or of strengthening himself by deterring them from such depredations other side. They have had an hour and I have had only twenty-five in the future. minutes. I want to reserve fifteen minutes of my time, and let the Mr. ENLOE. I now yield ten minutes to my colleague from Ten­ gentleman from Minnesot::. [Mr. WILSON] take fifteen minutes. nessee [Mr. BUTLER]. l'tlr. WILSON, of 1\Iinnesota. Mr. Chairman, if I felt there was a Mr. BUTLER. M:r. Chairman, I am the last man in the world who legal basis for this claim, and that it would not establish a precedent wants a claim to be paid to anybody who was disloyal; and if I thought tlu'tt wonld be dangerous, I might vote for it. But I think its allowance the property of the people of my State had been taken under authority wonld be a precedent both dangerous and far-reaching. I therefore of any law, and rightfully taken, I would be the last man to vote to deem it my duty to oppose it, and I wish to state in the briefest man­ reimburse them or turn the fund back to them after it had been taken. ner the grounds of my opposition. I do not think that the rebels of my State were any worse than the As I understand it, there is one principle oflaw which has been set­ rebels of any other State. I know they were bad enough, and God tled beyond all question, to wit: That it is within the competency of knows they were; but because some fool rebel down in Middle Ten­ a. military commander, by way of reprisal for something that has been nessee, with a handful of sympathizers, thought he conld conquer tho done, for the purpose of preventing predatoryincursions in the future, great Union Army and establish the Southern Confederacy by making or for any like reason, to make an order such as was made in this case, this raid on the town of Henderson and burning up the property of levying contributions on -the people of a hostile community. This is some loyal men down there, some cotton and military supplies, is no well settled and affirmed by all writers on the laws of war. just reason why the peaceable people of that locality who were rebel That this was the nature of that order is ved by the language of sympathizers, and with whom I differed as widely as with any people the order itself. It is in language so clear that its meaning is unmis­ in the world, should have an assessment made upon their property to takable. the extent of $26,000 for-the purpose of reimbursing men claiming to It is 'said by my friend from Tennessee [Mr. ENLOE] that General be loyal and Union people for property that was destroyed. Grant declared that he did not give to that order this meaning. But Now, by virtue of what authority was that assessment upon their on the other hand it is affirmed, and seems to be proven by the testi­ property made? The commanding general had no right to assess the mony of a man close to General Grant, General Badeau, that General rebels of the country for so much money to pay for property that some Grant did not mean to say any such thing as it is affirmed he said; but raider had destroyed of a Union man. Congress had passed no statute on the contrary, that he meant just exa-etly what this order says. to confiscate the property of rebels in any one of the States or in our Therefore the evidence is i1~ equilib1io at least, and we must take the State. It was an act of confiscation that ·was unauthorized either by order as it stands, giving full force to its language. the Commander-in-Chief of the Army or under any law. It was a tort, The question is, therefore, when an order such as this is made and a wrong that can not bejustified by an appeal to any law in this coun­ the money is collected on what principle shall the Government be re­ try; and if that money is in the Treasury, as it is, beyond all ques­ quired to pay it back? I asked my friend from Tennessee to tell me tion, but ought to have been paid out, as my colleague suggested in wherein this principle is different from the order or proclamation issued his question to the gentleman from Illinois, to the parties who claimed by Preside~t Lincoln emancipating the slaves? Was each not issued it, or their representatives, their receipts would have been as good for the purpose of weakening the enemy and of putting down the re­ vouchers in the hands of the quartermaster as the receipts from the bellion? To that question the gentleman undertook to make an an­ Treasury Depru:tment after he had turned it in there. swer, which,· however, to my mind, is not satisfactory. Each was, I But, I repeat, it went into the Treasury without any authority of think, a legitimate exercise ofthewar power. law. It is there to-day, and who has a better claim or right to it than I think they stand, lli. Chairman, upon the same legal proposition, the people who paid it under this unlawful and forced assessm(>nt, un­ namely, that the commanding general has the right to make such order authorized either bv the military commander or by any act of Cong1·ess? and to do such acts as will weaken or destroy his adversary or strengthen Mr. THO:M:AS, of Wisconsin. Will the gentleman permit me to ask himself. This is the law of war. In times of war the laws made for him a question? our guidance or government in times of peace are silent. In war the Mr. BUTLER. Most assuredly. protection of the people-the defense of the Government against its Mr. THOMAS, of Wisconsin. Does the gentle:ma,n say it was an un­ enemies-is the supreme law. lawful and unauthorized assessment? If we admit liability in a case like this, we shall make a. precedent, Mr. BUTLER. I do. l.Ir. Chairman, that will rise to torment us in the future. Such a.­ Mr. THOM.AS, of Wisconsin. You differ from the committee who precedent is not to be tolerated and can not be justified either upon make the report in that respect. grounds of public policy or upon any legal principle. - Mr. BUTLER. That may be, but I think not. 1888. CONGRESSIONAL RECORD-HOUSE. 6931

Mr. THOMAS, of Wisconsin. If the gentleman will permit me, I who paid the same ratably, in proportion to the sums originally paid by each of will read an extract from the report: them respectively, and recommend its passage. The right of the military commandant in time of war to order and enforce And now, sir, there is a provision in the Constitution which, it seems assessments-- to me, ought to have protected and did protect these citizens at that Mr. BUTLER. I do not care if a dozen committees said it. I can time under the jurisdiction of the Federal Government. These men not yield to the gentleman, for I do not propose to occupy but a. short had no doubt taken the oath to support the Federal Government, and time. No military commander has any right, in the absence of the law, if they were keeping that oath it entitled them to protection in their to make an assessment upon the citizens of the country for anything property under that provision of the Constitution which says no .per· outside of the mere question of supplies to sustain and support the son shall be deprived of life, liberty, or property without due process Army, or for transportation to transport the Army, but not for the purpose of law; nor shall private property be taken for pnblic use without j nst of reimbursing citizens for damages done to their property. That is a compensation. legal question with which the military commandanthasnothingto do. Now, as to the purpose of taking this property, I want to read the It is a question for the civil authorities. Why, General Grant did not sworn testimony of General Sullivan in the case. He was the com· recog nize this authority claimed by Colonel Haynie, according to the mauding officer and the man who had this assessment made. Here is report of the committee. He ignored it; and because he was the mil- his testimony in full: itary commander in command at the place where these stores and sup- STATE oF UALIFORNIA, plies were destroyed would that give him authority to sit in judgment City and County of San Franc-isco, ss: UJ.JOD the people and say: ''Now, I will take the statement of these men J eremiah C. Sullivan, being duly sworn, deposes and says as follows, to wit: who said their property was destroyed. I will ask them how much was I am the General J. C. Sullivan who was in command of the Department of West Tennessee when Special Order No. 15, December 12, 1862, was issued. I destroyed; what was the value of their peoperty. I will be governed believed that by issuing that order guerrilla. raids uoon my depots and outposts entirely by what they say. That is sufficient evidence for me." would be checked. During the command of my predecessor great annoyance Why, one of. these people, a man named Willis Arnold, says it is had been caused by such raids. Upon investigation I found that such raids were made- by "young men who, leaving the rebel army on furlough, would $6,000 or $9, 000'. Colonel Hurst, whom I knew as well as I knew any v isit their homes within my lines. .After they had recruited their health and man in the world, se!Ved with him in the Legislature~ served with him horsea. gathering at some selected point, they would make a dash on some in the Army side by side, says he was absolutely unworthy of belief. outpost or depot, and securing the spoil and destroying the property, gallop off to the army. An attack of this kind was made shortly after I took command. That is the character of argument and· the character of testimony on I did not have force enough to establish a. gua.rd in each town or at each -cro<.;s· which a demand is based to refuse payment of these moneys illegally road. t t d i] th 1 th I reasoned that the best way to check these raids was as far as possible to ex or e rom e peop e ere. make the parents or prominent people near where these raids took place re- If it was right to make an assessment upon the people of West Ten- sponsib1e for the good behavior of these young men when they came home. I nessee it would have been right to make an assessment upon the peqple did not believe that I could secure my object by imprisoning the parties referred all through the country. Where is the law that authorized such a pro- to, knowing that the separation from their families and friends would embitter feelin ~s I was anxious to allay, but I knew the love of money was all-powerful ceeding '? Why, there were thousands of cases in all parts of the South- in the human breast, and that if I exacted such a penalty I would have ever ern States where the commanders would have hesitated a long time be- present with them a powerful monitor to warn them against such future at­ fore taking the statements of Tom, Dick, or Harry as to their losses and tacks. On or about the 25th day of November, 1862, a raid was made upon the post of Henderson, Tenn .. resulting in the destruction of a large amount of assess it upon the people of the country for the purpose of reimbursing property then at said post: Upon the report of the altack at headquarters I is­ such losses. Some of them were una"bl& to meet the assessments in the sued Order No. 15, a copy of which I have no doubt is on file among the papers case at Henderson, and those who were able were forced to make up the ~~~~:.claimants, who n.sk to be reimbursed the money paid by them under that difference. .Another commander came along and forced them to make Owing to the fact that all my books and papers relating to my military trans· it up. Where would it stop if you admit such authority? actions are now in the East, and to the lapse of time, it is impossible for me to 1\fr. Chairman, I do not know of any better way to reduce the ''sur- give a statement in detail of the result ofOrderNo.15. I can•onlysay,in a gen- eral way, that I sent for a number of the leading and substantial citizens of plus" than to pay it back honestly to the people to whom it belongs. the surrounding country, and having inquired into the standing and circum- It seems to me it is better to do that than to take it away from the stances of each, I levied assessments upon a large number of such persons in people by cripp'ling the industries of the country and making beggars proportion to the standing and ability of each and gave them the option either of tllem all. to pay the respective amounts or go to Alton, with the distinct understanding between those persons and myself that the money so collected was to be held Mr. WILSON, of Minnesota. Do yon think it better to do that-to as security for the peaceful conduct oftheir neighborhood. and that if no more lo-wer taxation? Better pay it than lower the taxes? • raids occurred the money was to be returned to them. A large number of the Mr. BUTLER. Better pay it than lower the taxes, and lower the ~:::~~;~~th!:~sed consented to :ay, and did in fact pay the amounts as­ wages, and destroy the industries of this country. You had better take After so great a lapse of time, and in the absence of my books and papers, I this money out of the Treasury and give it to the rebels. I bad rather cannot from memory give the names of the persons who paid the assessments, . nor the amount paid by any of them. 1 know, however, that many thousands see that they h a d It than to see that such claims as this should not be of dollars were collected, a careful and accurate record of which was made and paid. preserved, and all the money so paid was then, to the best of my recollection, Mr. HOVEY. I think we ha.d better give it to loyal men. sent by me to the United States subtreasury at St. Louis and placed on deposit under such circumstances, to the best of my recollection, as would have enabled Mr. BUTLER. Pay every loyal claim, pay every one of them, for me to withdraw it and refund it. to the parties at the proper time, but in the all the damage they sustained. I will go as far as the farthest, and no spring of1853 !"was relieved of the command of the Department of We5t Ten­ man on this floor is more ultra than I am in protecting the Government nessee and was placed on General Grant's staff. · t 1 · b t d t d 11 "th t th · Order No. 15 was not dir~d against parties who had been tried and con­ f romunJUS Calms, U OnO goan CO ectmoneyWI OU au onty victedofcomplicityintherald,butasagainstthosewhomlbelievedcouldcon- Of law. According to this testimony these parties were at home at- troland discourage future raids; such parties as! believed to be influential and tending to their own business. They might have sympathies for the were interested in keeping the department quiet were selected and made to put rebellion, though it was a mistaken judgment. Will you go through ~~s~~~r:e~~curi t y, the amount based upon their ability in proportion to the the country and take the money of men in this way and keep it in the It was not intended that such money so collected should be used in any way • Treasury when it should be returned? to reimburse any person or individual who claimed a loss by such raid. Xhat -..I ENLO I · f h" would have been insuring cotton buyers against war risks. J.l r. r E. want to call the attention 0 t lS House to a report What I was trying to do was to preserve quiet in my department, nsing as few made in both branches of Congress by the Committee on War Clafms. troops as possible. I did not believe that the parties from whom! collected this It covers the whole question. The gentleman from Minnesota seems to money participated in the raid. I issued order No. 15 to preveut further raids h:t>e some legal difficulty in the matter. In the Forty-sixth Con!!ress, by compelling the co-operation of these parties with me in my endeavor to do ~ so. 1\Iy order was a perfect success. In my opinion, the relief asked for should in a 1·eport on this claim in t,he Senate, the law is stated as follows: be granted, as this money was simply a bond for good behaviorandcompul>ory . as-istance in helping me maintain order and quiet. This committee have maintained and still adhere to the doctrine that no na­ Colton purchasers were not looked npon with favor in General Grant's com­ tion is liable for the willful torts of its soldiery. mand, and no officer would have dared makeinnocentparties p::;.y their claims. B ut was this assessment a tort within the meaning of such well-established I most positively state that it was in no manner intended by me to pay or adjust doc !.line? It is submitt-ed that this wrong is clearly without the rule because any such claims. this o.saessment wn.s collected by an officer of high rank, commanding a military district, in the execution of an office giving him colorable authority, to say the JEREMIAH C. SULLIVAN. least, to do the act he did; and that act was ratified by the general command­ SubsCI·ibed and sworn to before me this 3d day of March, 1884. ing, impliedly at least, by not ordering restitution where the excessive assess­ lsEAL. ) JOHN E. HARVILL, 1iotary Public. ment came to his knowledge. But if the reasoning on this point may be deemed questionable, there is upon Now, it seems to me that he states the question so that no fair­ the facts another and complete answer to the application of thi!! principle. The minded man can vote against this bill, and I ask that it be laid aside proof shows to an absolute certainty that of th~ money so collected, $23,325.16 to be reported to the House with a favorable recommendation. was applied by the United States to its use, knowing the source from whence it "Yas derive_d, an_d the re_mainder of the sum, $4,026, by all reasonable presump· The CHAIRMAN. The question is on the amendment reported by tion, was likeWISe applied to the use of the Government. And the committee the committee. is so constrained to hold, as a contrary conclusion would compel us to impeach The amendment was agreed to. the integrity ot a gallant officer who fell before Vicksburgh without a stain upon his citizen or soldier life. The CHAirulAN. The question now is on laying the bill aside as The law of the case, then, may be stated to be that if the officers, agents of amended, to be reported to the House with a recommendation that it the Government, committed a tort originally, it was approved by the principal do the Government, when it knowingly accepted the benefits of the tortuous act: pass. . And no proceedings by way of confiscation or condemnation have ever been The question was put; and the Chairman announced that the noes had to divest the persons so assessed of their right in the surplus fund • seemed to have it. . Hence your committee are constrained to hold ~t the claims of the peti­ 11-'Ir. ENLOE. Division. tioners to the amount collected of them (S22,2ll.26) m excess of the require­ ments ot: General Grant is valid, and that the Government ought in right tore­ The House divided; and there were-ayes 35, noes 45. fund the same, and report herewith a. bill redistributing the same to the versons 1tir. ENLOE. I demand tellers. · 6932 CONGRESSIONAL REdORDc==oHOUSE. JULY 27,

The question was put on ordering tellers· but not a. sufficient num- by said that the Government pay them for feed- . . ' Img~ s ured the horses oI?ro~ost-marshalf said commands and the horses keptwoul~ by said marshal. They ber votmg m favor thereof, t ellers were r efused. never received any pay for the same, so far as the proof indicates. Mr. ENLOE. No quorum. . " The said pa~t.ies dissolved pa;rtnershi_P after th.e war, .and the sai.d Long as- The CHAIRMAN . The Chair will appoint as tellers the gentleman stgned to the said Weekf! all hll? mterest m the clai~ a gam~t th~ Um~e d States, . · ['I and does not now,asagalnst said Weeks, own any Interest m thts clatm. Com- from Tennessee [1\Ir. ENLOE_l and t h e gentleman from nlIDOlS J..' r. mencing in July,1862, and ending in the early part of186i, the said parties kept ROWELL]. at their stables at said p~ace horses and mules, furnishing stabling and feed for Mr. LANHAM. I do not think there is a quorum in the House, and the same; the feed fur~1sbed and care of ~h e same were reasonably worth the '-"- th t th bill b "thdr d 1 t th bus" ess pro- sum of $2,880 (twenty-eight hundred and eighty dollara). · I would pre1er a e e W1 awn an e e m "By the court. ceed. "A true transcript of record. Test: 1\Ir. ENLOE. As it is evident that there is not a quorum present in ::~~is 3d day of February, A.D.l887. "JOHN RANDOLPH, the Honse, I am ·perfectly willin5 that it should be passed over and ( AL.] "Assistant Clerk, Cow·t of (;laims." retain its place on the Calendar. . · Your committee, therefore, recommend the payment of the amount found The CHAIRI\1AN. If there be no o'!Jjection, the bill will be passed due Mr. Weeks by said Cou1·t of Claims, and report herewith a bill for his relief over and retain its place on the Calendar. and recommend its passage. There was no objection, and it was so ordered. The CHAIRMAN. The question is on laying this bill aside to be WILLIAM E. wooDBRIDGE. reported to the House with the recommendation that it do pass. The CHAIRUAN. The Clerk will report the next bill. Mr. ALLEN, of Michigan. I would like to know how much the com- The Clerk reported the title of the-next bill, as follows: mittee know about the proofs in this case, either as to the loyalt of A bill (H. R. 27) ,-esting the Com·t of Claims of the United States with juris- the claimant or as to. the justice of the claim itself. Nobody has said diction to det.ermine the rights of William E. Woodbridge to certain letters pa.t- a word about it. If the claim ought to be pn,id, we will pay it, but let exit for a metallic sabot, and to render judgment in his 1avor for the usc of the us not pass the biB in this way without any explanation. same-by the Government during the war of 1861. · Mr. BRECKINRIDGE, of Kentucky. What llas just been read is Ur. LANHAM. I ask unanimous consent that it be passed over and the finding of the "judges of the Court of Claims. retain its place on the Calendar. · Mr. ALLEN, of Michigan. I will ask the gentleman from Kentucky There was no objection, and it was so ordered. [Mr. BRECKINRIDGE] whether he knows these parties personally. WILLIAM D. WILSON. 1\lr. BRECKINRIDGE,ofKentucky. Ido,verywell. Ihaveknown The next business on the Private Calendar (consideration of which them thirty years. was asked by 1\fr. CATCHI NGS) was the bill (H. R. 838) for the relief 1\Ir. ALLEN, of Michigan. And the st..'l.tement that they were loyal of William D. Wilson. during the war is true? . The bill was read, as follo ws: Mr. BRECKINRIDGE, of Kentucky. As to one of them. I think he was part of the time a member of the home guard. As to the other, Be it enaclP.d, etc., That the Secretary of the Treasury be, and he is hereby, au­ thorized and directed to pay. out of any money in the Treasury not otherwise h e was an elderly m an, and both of them were always known as Union appropriated, to William D . Wilson, of Vicksburg, Mis!l., the sum of :tl.200, the men, members of the Union party. • same to be in full compensation f,)r rent a.nd occupation of a brick building in Vicksburg. 1\Iiss., under express contract with the said William D. Vvilson by There being no objection, the bill was laid aside to be reported to the the United States Army, during a part of the years 186:1 and 1 w. House with the recommendation that it do pass. Mr. CATCHINGS. I desire to offer the amendment to the bill which REV. WILLJAl\£ GREGSTON. I send up to the Clerk's desk. The next business on the Private Calendn.r (called up for considera­ The Cler k read as follows: tion by 1\Ir. STONE, of Kentucky) was the bill (H. R. 10481) for the Amend the title by inserting, after the word "of." the words " heirs of;" and relief of Rev. William Gregston. in line 5, after the word "to," insed the words "heirs of." The bill "-as read, as follows: T he amendment was agreed to; and the bill as amended was ordered B e it ~nacted, etc., That the Secretary of the Treasury be, nnd he is hereby, au­ to be laid aside to be reported to the Honse with the recommendation thorized and directed to pay Rev. William Gregston, of Caldwell County, Ken­ t ba.t it do pass. - tucky, out of any money in the T1·ensury not otherwise appropriated, the sum of $150, being for a horae taken from him by the Army of the UnitedSiiatesdur­ LUKE REILLY. iug the late war. The bill {H. R. 847) for the r elief of Luke Reil1y was passed over Mr. BREWER. Let us have the report read. informally, retaining its place on the Calendar. The report (by Mr. STO~E, of Kentucky) was read, as follows: L'C'CIUS J. SEALS. The Committee on War Claims, to whom was referred the bill (H. R. 7571) for the relief of Rev. William Gregston, report as follows: T lle bill (H. R. 5515) for the r elief of Lucius J. Seals was passed The claim is for a. horse taken from the claimant by the Army of the United over informally, retaining its pla-ce on t he Calendar. States during the late war. The proof filed in support of the claim shows that United States troops took J . H. WEEKS. from the claimant in 1864 one sorrel horseiofthe value of$150, and that he has The nex t business on the Private Calendar (called up for considera­ not been paid for it. The claimant was o. otal citizen. Your committee report herewith a substitute for the bill and recommend its tion by Mr. B:&ECKINRIDGE, of Kentucky) was the bill {H. H.. 5516) passage. for the relief of J. H. Weeks. There being no objection, the bill was laid aside to be reported to The bill was read, as follows: the House with the recommendation that it do pass. !Be it enactecl, etc., That the Secretary of the Treasury be. and he is hereby, au­ thol"ized und directed to pay to John H. Weeks, of Fayette County, Kentucky, NORFOLK COUNTY FERRY COMPANY, VffiGINIA. out ot any money in the Treasury not otherwise appropria~ed, the sum of S2,8SO, being the value of quartermaster's stores taken from said John H. \Veeks by · The next business on the Private Calendar (called up for considera­ the United States forces during the late war and appropriated to their use, a.s tion by Mr. BoWDEN) was the bill (H. R. 5517) for the relief of the Nor­ found by the Court of Claims. folk County Ferry Company. Mr. BU RROWS. Let tbe report be read. The bill was read, as tollows: The report (by Mr. STONE, of Kentucky) was read, as follows: Be it enacted, etc., That the Secretary of the Treasury be, and be is hereby, au­ The Committee on War C1Rims, to whom was referred the findings of the thorized and directed to pay to the Norfolk County ferry commiLt ee, of Nor­ Court of Claims in the case of John H. 'Veeks, report as follows: folk, Va., out of any money in the Treasury not otherwise appropriated, the 'l'hat the Committee on ·w ar Claims of the Forty·eighth Congress, not being sum of $42,300, tha.t being the amount collected by the Quartermaster's De­ clearly and fu ll y advised of aU the facts in the case referred it to the Court of pal·tment of the United States Army as t-olls and ferriages for the trnnsporta­ ClRims fo r a fi nding of fa cts under the provisions of an act entitled "An act to tion of civilians, their animals, and freights, for three years and el even months, a.fford assistance and relief to Congress and the Executive Departments in the excepting eight days, beyond the current expenses and repairs of saiu fet·ry as investiga.tion of claims and demandsagai.nst the Government," approved March found by the Court of Claims. 3, 1883. A ME:.\ffiER. Let the report be read. Said claim b as been returned to the Committee on War Claims i:>y the Court of Claims with the following finding of fads_: M:r. BOWDEN. The report is quite long, and if the House will ac­ cept a statement I ca.n in two minutes explain the facts in this case. "[Court of Claims. (Congressional caseNo.103.) John H. Weeks vs. The United M:r. WHEELER. I think that will be much better than reading ~tates, findings of fact. Filed January 17, 1887.J the report. · " The claim in the above-entitled suit, having been transmitted to this court by the Committee ou 'Var Claims of the House of Representatives on the 2d of 1\Ir. BOWDEN. The facts are that during the war the military au­ :!\lay, 1884, and the Attorney-~neral having appeared for the defendants, and thorities took possession of the ferry line plying between the cities of the suit having been brought to a hearing on the 11th day of January, 1887, the Norfolk and Portsmouth. · It was operated under military control, court upon the proofs and evidence, nfter bearing Charles F. Benjamin, esq., of counsel for the claimant, and H. J. May, esq., of counsel for the defendants, civilians being employed in running it. The Government transported finds the following facts: ' all its troops, munitions of war, etc. ,free, but, after paying all expenses, " I. The claimant, John H. Weeks and his partner Robert A. Long, during there was net profit during the time the Governm.ent had the occu­ the period of the war were loyal to the Government of the Vnited States. a " II. During the war the said parties were partners in the livery and feed­ pancy of the ferry of some $4.0,000 and odd, which was turned over to stable business in the town of Georgetown, Scott County, Kentucky. In the the United States Treasury. years 1862, 1863, and 18G4, the provost-marshal <>f Scott County had a largenum- 1.1r. WILSON, of Minnesota. What do you mean by ''net profit?" ~:~h! ~~~~e:n~:n~::i~1~e'h~ti::d s~~.0:n8d:e~:r:~~!a~~std;e!!d 1~~:t~o1 Mr. BOWDEN. After paying all the running expenses there was that profit left. ' · b~r:~d ::de~:~ f~r~e Fo'!r~~!e ~; ~~~:.S!f:e~~gfr~ep~~~~!:r ~~tJv~i:~fh: a:!id l'lir. CHEADLE. From whom was this money received? parties kept and fed horses of Company B, Eighteenth Kentucky Infantry, mounted; also Captain Parker's company of the Twelfth Kentucky Cavalry; Mr. BOWDEN. From civilians, for the transportation of their per­ also Captain Chorn's company of the same regiment. The said parties were ~ons and property. The GoYernment got all its ferriage free of charge. 1888. ·CONGRESSIONAL RECORD-HOUSE.

This bill does not take a dollar of United States money out of the tary authorities, is hereby ordered to be turned over to its owners, the county of Norfolk and the city of Portsmouth, provided, however, that all persons in Treasury. It merely returns the profit obtained by the G:>vernment, the military service of the United States shall be all.>wed to cross upon the same after paying the expenses of running the ferry. Another feature of the free of charge. case is that this ferry belongs to the corporation · of the city of Ports­ By command of Ma.jor-Ge~eral Terry. ED. W. SMITH, mouth and the connty of Norfolk, and these funds will go to the sup­ Assistant Adjutant-General. port of the free schools of Norfolk County. A true copy. Mr. WILSON, of Minnesota. Do I understand that the Govern- WM. L . .T Al\1 ES, Co!onel and Chief Qum·te·TJnaster. ment ran this ferry, and collected toll? Colonel JAMES • .Mr. BOWDEN. Yes, sir. Mr. WILSON, of Minnesota. Collect-ed toll of whom? [Special Orders No. 31-Extract.] HEADQUARTERS DEPARTMENT OF VIRGINIA, :Mr. BOWDEN. Of civilians and everybody, except the Government, :Richmond, Va., February 6, 1866. who used the ferry. The Government did all its ·business free but it • • • * * • * derived this amount of profit in the aggregate from other busi~ess. 2. Paragraph 2, of Special Orders No. 26, C. S., from these headquarters, order­ Mr. ANDERSON, of Kansas. Has the case ever been to the Court ing that the ferry between Norfolk and Portsmouth be turned over to the owners of the same, is so far modified as to direct that all animals,vehicles, and material of Claims? belonging to the military service of the United States be permitted to cross the Mr. BOWDEN. Y~; it has bee~ to the Court of Claims and the same free of clul.rge. · co!rt have determined the amount. I By command of Major-General Terry. ED. W. SMITH, 1\fr. BURROWS. . I do not know but that this claim is all right; Assistan(AdQutant-General. probably it is; but I have had placed in my hands a communication in A true copy. regard to it from the Quartermaster-General that I think had better be WM. L . .TAMES, read. It gives a historv of the matter, and I do not know but it estab- Colonel and Cllief QuarteJ'fiUiste-r. . lishes the claim, as I ~a;enot examined it fully, but I ask that it be read. QuARTERMASTER-GENERAL's OFFICE, The Clerk proceeded to read the communication; as follows: Washington, D. C., February 10, 1866. CniEF QUART.ImMASTER'S OFFICE DEPARTMENT OF VIRGINIA COLONEL: In answer to your communication of December29, 1865, relative to iUchmoncl, Va., Dece-mber 29, i865. the Norfolk County ~erry, you a.re.respectfully directed to act as fol;lows.: GENERAL: I have the honor to state that the ferry between Norfolk and Ports- l!pon the corporat.wn as county s1grung an ag_reement that.they will "~?rmg no mouth, Va., known as the Norfolk County Ferry has been run by the United . claim wh~tever agamst the United Sta~es ~elatmg to the seiZure of this ferry, States since the occupation of those cities by our forces in May, 1862, its use being ' you are drrected to return the sam~ to 1ts rtghtful owners or officers. necessary for Government purposes during tha. t time, and the property being If . Very respectfully, your obedient servant, abandoned by reason of the inability of the corporation to keep it in operation. ' • . GEO. D. WISE, It was first run under the direction of Capt. T. A. P. Champlin, commissary sub- Brevet Bngaclur-Genera.l and Quartermaster. sistence and acting assistant quartermaster, next under Capt. Edwin Ludlow, I By order Quartermaster-General. assistant quartermaster, then by Ca~t. H: E. Good~in, assistant quartermaster, 1 . Col. ~ILLIAM L. JAMES, . to ~he 1st of February, 1864, up to which time I am mformed the employes wen~ i Chtef Quartermaster, Rtchmond, Va. paid from the proceeds of the ferry. Captain Goodwin was relieved on the 1st CH:IEF QuARTERMASTER's OFFICE DEPARTMENT VmGINIA of February, 1864, ~Y Capt. Nelson Plato, assistant qu.artermaster, who too~ up Richmond, Va., February 12, i866. ~~ehlmployes on his rep<:>rt of persons! etc., and credited the amount received Respectfully referred to Bvt. Col. A. P. Blunt, assistant quartermaster, with !J account curren~. . the information that I have consulted with the major-general commanding, on M &JOT Plat<;l was reli~ved from duty at Norfolk m October, 1864, by Capt. A. this subject, and he directs that such an agreement as is within extended shall P. Blunt, ~1stant quartermaster, and. I am unable to procure ~ny re~ord of the be embodied in the papers turning over the ferry property in addition to the exp.enses mcu~ed or the amount received from the ferry durmg MaJor Plat-o's provisions of the special order issued from department headquarters relating period of serviCe there. thereto The amount of cash received from the time Captain Blunt took charge (Octo- · WM. L . .TAl\IES, her 1, 1864) up to the 15th of November, 1865, was $28,2er last, directing the ferry to b~ Sm: I have the honor to transmit herewith letters of Col. W. L . .James, chief turned over~ its owners o~ ~heir agreei~~ to bring no claim against the Goy- quartermaster, Depnrtment of Virginia, and Capt. R. G. Staples, assistant ernment for Its use h;Y the m~litary authori.tles. . quartermaster relative to the Norfolk County ferry between Norfolk and I consulted the maJor-general commandmg on the subJect., who directed me Portsmouth, va. . ' I to teiegraph Colonel Blunt at Fort Monroe to insert ~he agre~ment in the papers This ferry has been run at Government expense since May, 1862, the corpora- turnmg over. the ferr~. but th.e telegrapJ;t was not m workmg order that day tion being unable to operate it. · and I transmitted .the mstru~t10ns by !Jlai.l. The corporation now requests to have the ferry returned to them. Colonel Colonel !Jlunt d1d not rece~ve them m t1me, and the feny company refuse to James reports the boats belonging to it as old and continually getting out of re- j comply w1th his request to s1gn such an agreement. pair, which keeps the ferry indebted to the Government. • I woul~ therefore respectfully reques.t. that an orC!e.r be issued placing the In view of these facts, I respectfully recommend that aut.hority be g~.ven this ferry agam under the control of the military authorltles unless the company department to return the ferry to the company, providing the corporation and shall agree to the arrangements ordered by the Quo.rtermaster-.Gencral. county make an agreement to bring no claim against the United States relating I have the honor to be, general, very respectfully, your obedient servant, to the seizure of this ferry. WM. L. JAMES, I am, very respectfully, your obedient sen·ant, Colonel and Ch·ief Quat·fet'flwslcr. 1\I. C. MEIGS, A truf\ copy. Q-uartermaste1·-General, Brevet Maj01·-GeneraZ United States Army. Wl\I. L . .T Al\IES, Colonel and Chief Quartermaster. Hon. E. M. STANTON, Bvt. Brig. Gen. E. W. SIDTH, Secretary of War, Washington, D. 0. Assistant Adju.tant Gene~·al, Depat·tment Virginia. [Special Orders No. 26.-Extract.] [Special Orders No. 39-Extract.] HEADQUARTERS DEPARTMENT OF VIRGINIA, HEADQUARTERS DEPARTMENT OF VmoiNrA, Richmond, Va., January 31,1866. Rich'"!ond, Va. . , felwr.w.t·y l~, 1866. • • * * * * 2. The ferry between Norfolk and Portsmouth, now in possession of the mili- 3. The proprietors of the ferry between Norfolk and Portsmouth having re-

'· 6934 CONGRESSIONAL RECORD-HOUSE. JULY 27,

fused to accept the conditions prescribed by the Qua.rterm~ter-General upon QUARTERMASTER-GENERAL'S OFFICE, which the ferry was to b.e turned over to them, per Special Orders No. 26, para­ Washington, D. C., March 31, 1866, graph 2, current series, from these headquarters, directing said ferry to be turned Srn.: I have the honor to return the papers in the case of the Norfolk Ferry over to the p1·oprietors of the same is hereby revoked, and the Quartermaster's· Company. Department will resume possession and control of the same. It seems thn.t the company declined to conform to the conditions upon which By command of l\1ajor-General Terry. · the restoration of the ferry was ordered, namely, that the company should make ED. W. Sl\fiTH, no claim for the use of their property. Assistant Adjutant-General. There appears to have been some conflict of orders coming through different A. true copy. channels, which it isnot necessary here to recite. I recommend, as the best solu­ WM. L. JAMES, tion of the present difficulty, that the boats and docks and other appurtenances Colonel and Chief Q1tartC1'master. or property belonging to the ferry company, whether repaired or not by the Colonel JAliiES, . Umted States for the use of the ferry, be turned over to the owners without in­ Chief Qua1iCI'11laSter. sisting upon their signing a release of the right to make claims. The United States can refuse to allow any unjust claim presented, and if the WASHINGTON, D. C., 27 March, 1866. company insists upon its right and privilege to present the claims, it is not to Sm: In May, 1862 at the occupation of Norfolk and Portsmouth, Va., by the the interest of the United States to hold the ferry any longer for the purpose military of the Umted1 States, the ferry-Norfolk County Ferry-was taken of compelling or inducing them to execute any such release. The collection charge of by the military, and has been held since that day by them. of information as to previous action has taken some time, and the papers, in the The Norfolk County Ferry is a. franchise or grant to the county of Norfolk. multiplicity of business, have, I regret to say, laid on my table for some days The county has had it for a number of years. '£lle annual income, about ten without being brought to my notice. This has caused the delay in making the or twelve thousand dollars, has been set apart for the support of our free or prompt report which was due. common school. This has been the direction of said fund. The military have I run, very respectfully, your obedient servant; received all profits from the day of its possession. M. C. 1\IEIGS, • The county is now organized. It has requested a surrender of the ferry. The Quarterm.aste1·-Gene1·at, Brevet Major-General. military hitherto propose that before said ferry shall be turned over to the proper Ron. E. 1\I. STANTON, civil anthotities the said authorities shall enter into bond conditioned that the Secretar-y of War. county will .not hereafter set up any demand against the Government of the United States for the past use of said ferry by the military. • W A.SIDNGTON, March 20, 1872. The county court, to whom the management of said ferry is by law commit­ ted, have refused to receive back the ferry upon such terms and conditions. To introduce A.. ll. Magruder, esq., of Baltimore, to the. Quartermaster-Gen­ I refer the subject to your judgment, and have the honor to be, l\1r. Secretary, eral. your very obedient servant., W.M:.DUNN. LEOPOLD C. P. COWPER, Lieutenant-Gove1'nor of Virginia. MARCH 20, 1872. Hon. E.M:.'STUTON, The United States Quartermaster's Department is hereby requested to deliver Secretar'!J of Wa1·. to James G. Holladay, or to his order, any and all papers tiled by us relating to (Indorsements:) Virginia. Washington, D. C., l\Iarch 27, 1886, Leopold C. P. claim of Norfolk County Ferry committee on behalf of the county of Norfolk Cowper, lieutenant-governor. Refers for decision of the Secretary of War case and city of Portsmouth, growing out of the seizure, use, and occupation of the of the Norfolk County ferry, held by the military forces of the United States Norfolk County Ferry by the United States Go>ernment, which papers were since the occupation of Norfolk, in May, 1862. filed in the War Department, or some department or bureau thereof. Respectfully returned to the Secretary of,Var, with report. HUGHES, DENVER & PECK, W. A.. NICHOLS, Attm·n6'1Jsfor Claimant. Assistant Adjutant-General. ADJUTANT-GENERAL'S OFFICE, Apri7.18, 1866. MARCH 20, 1872. Respectfully referred to Maj. Gen. A.. H. Texry, commanding Department of The War Department will deliver t.he papers called for in the above order to Virginia, for report. A. B. Magruder, esq. · E. D. TOWNSEND, JAMES G. HOLLADAY. Assistant Aqjutant-Gene1'al. .ADJUTAN'T-GENJmAL's OFFICE, MaTch 31, 1866. QUARTERMASTEIL-GENERAL's OFFICE, February 17, 1888. HEADQUARTERS DEPARTMENT OF VIRGINIA, True copies. Richmond, Va., Apri£ 3, 1866. JAMES GILLISS. Respectfully referred to Col. William L. James, chief quartermaster, for re­ Ma;qr and Quartermaster. port. By command of Major-General Terry. Mr. BURROWS (interrupting the reading). This documentisvery ED. W. Sl\IITH, lengthy. I ask unanimous consent that·it be printed in the RECORD, Assi8lant Adjut-ant-General. and the case passed over for the present, so th :~ - members may exam­ CHIEF QUA.n.TERli!ASTEn.'s OFFICE, DEPARTMENT OF VmGINIA, ine it. I have not examined the matter carefu Uy myself. By tbjs ar­ Richmond, Va., April5, 18G6. rangement this claim will not delay other bu ine ·s. Respectfully returned to Bvt. Brig. Gen. E. W. Smith, assistant adjutant-gen­ Mr. BOWDEN. I think I shall have to object to that proposition. eral Department of Virginia, and attention invited to inclosed copies of orders 1\Ir. BURROWS. It may take nearly an hour to read this docu­ and correspondence on the subject. The ferry was again taken possession of by the Quartermaster's Department, ment. Let it be printed in full in the RECORD and the case go over. in compliance with Special Orders, No. 39, Current Series, from Department Mr. BOWDEN. This seems to me SQ plain a case tha,t I hope it will headquarters, and is still run by that department, in consequence of the refu.sal not be passed over. of the corporation to comply with the stipulations contained in the letter from the Quartermaster-General's Office of the lOth of February last. Mr. BURROWS. I have illade the suggestion so as not to interfere WM. L. JAMES, with other ·business. Colonel and Chief Quarterma,ste1', :Mr. BOWDEN. The facts of this case have been determilled by the ~- HEADQUARTERS DEPARTMENT OF VIRGIXIA, Oourt of Claims. .Richmond, Va., AP1·il 9, 1866. Mr. BURROWS. I ask that this ca.se be passed over and that the Respectfully returned to the Adjutant-General of the Army, and attention in­ report from the War Department be published in the RECORD, so that vited to the indorsement of Col. William L. James, chief quarter.master of this members may examine it. department and inclosed copies of corre.spondenoe. JNO. W. TURNER, The CHAIRMAN. The gentleman from Michigan asks unanimous Brevet M.ajor-Gene1'al Commanding. consent that this bill be passed over informally, retaining its place on Referred to the Quartermaster-General for report. the Calendar, and that the report of the ·war Department be printed By order of the Secretary of War. in the RECORD. Is there objection? THOl\1AS T. ECKERT, Acting Assistant Secretary of War. Mr. BOWDEN. I feel constrained to object. I do not believe WAR DEPARTMENT, ApriL 20, 1866. there is a. more meritorious claim on this Calendar. This bill, as I have said, does not take from the Treasury any money properly be­ HEADQUARTERS Mrr..rrARY DIVISION OF THE ATLANTIC, longing to the United, States; and the amount which may be paid un­ Philadelphia, April13, 1866. der the bill is to go to the support of free schools. Respectfully returned to the Adjutant-General of the Army. ' The papers containing the decision of the honorable the Secretary of 'Varin Mr. CHEADLE. Let this report be read. this case were received at the e headquarters, and referred to the commanding The CHAIRMAN. The gentleman from Virginia (Ur. BOWDEN] officer, Department of Virginia, on the same day. objects to the request; the reading of the report from the War Depart­ GEO. G. MEADE, Jiajo1·-G-enemZ Commanding. ment will continue. Mr. BREWER. So far as this report has been read, it shows an en­ QuARTERMASTlm.-GE.t.'lfER.AL's OFFICE, tirely different state of facts from what some of us understood upon the Washin:~ton, D. 0., April28, 1866. statement of the gentleman from Virginia. Sm: I have the honor to return herewith the papers in the case of the Nor­ The Clerk resumed the reading of the document. folk Ferry Company which have been referred to this office for report. Mr. BOWDEN (before the reading was concluded). I withdraw .my I would respectfully invite attention to the report made by the Quartermas­ ter-General March 31, 1866 (copy of which is inclosed), in which I recommend objection to the proposition of the gentleman from .Michigan [Mr. BuR­ as the best solution of the present difficulty that the boats and docks and other Rows]. appurtenances or property belonging to the ferry company, whether repaired The CHAIRUAN. Is there further objection to the request' of the or not by the United States for the use of the ferry, be turned over to the own­ ers without insisting upon their signing a release of the right to make claims. gentleman from 1\fichigan? Should the ferry company present further claims against the United States, Mr. CHEADLE. I object. I want to hear the remainder of this the Department has the right to reject them if considered unjust. report read. I therefore again recommend that the boats, docks, and other property be· longing to this company be returned to the owners. .M:r. GROSVENOR. I hope I may be allowed a word. If the gen­ I am, very respectfully, your obedient servant, tleman from Indiana [:Ur. CHEADLE] desires to oppose this bill at this CHARLES THOl\f AS, time, the reading of this document is right enough; but if he proposes Acting Quarlel'?naster-General U:. 8. Army, B1·evet Major-Geneml. to oppose it at some later time, why not hose this report printed and H:m. E. M. STANToN, Secretaf"JJ of War. the bill go over, so that we may now proceed with other business? 1888. CONGRESSIONAL RECORD-HOUSE. 6935

"Nor shall the said court have jurisdiction of any claim against the United Mr. BURROWS. That was the object of my suggestion, that we States which is now barred by virtue of the provisions of any law of the United might go on with other business. States." . Mr. CHEAD~. I withdraw the objection. It is contended that for the money collected from private persons, an action could have been' maintained in this court, under its general jurisdiction, for The CHAIRMAN. Is there further objection to the request of the money had and received, and that the limitation of six years applies to such gentleman from Michigan that this report from the War Department cause of action...... be printed in the RECORD, and that the bill be laid aside informally, If it be true, that the claimant had a remedy m the general Jurisdict iOn ot t-hts court, then we are preven ted from entertaining jurisdiction in this proceeding, retaining its place on the Calendar? The Chair hears no objection. and the petition should be dismissed. !\fr. BOWDEN. I ask ~animous consent that the report of the com­ The counsel for the petitione1· argues that the act upon the part of the o ffi cers mittee be also printed in the RECORD. of the United States constituted in law an appropriation of property u pon the part of the Government within the meaning of the first section of the net of The CHAIRMAN. If there be no objection, the report of the com­ July 4, 1864 (13 Statutes at Large, 381), and tha t by the express provisions of that mittee will be printed in the RECORD in connection with the report law the Court of Claims was forbidden to entertain jurisdiction of a. claim orig­ from the War Department. The Chair hears no objection, and it is so inatin<>' in an appropriation of property taken by the Army and Navy. Theterm "appropriation" ordinarily m eans a taking for the u~e of the per­ ordered. sons taking the property, to be used by such person to the exclusiOn of all per­ The report is as follows : sons, and especially the owner; but it is sought in this case to disti~~uisb be­ The Committee on War Cl.a.ims, to whom we1•e referred the findings of the Court tween the absolute property and the proceeds of such property al'lstng from of Claims in the case of the Norfolk County Ferry Committee, report as follows: the tolls paid to the Government by persons using the ferry during the occupa­ That the Committee on War Claims of the Forty-eighth Congress, not being tion of the Government. clearly and fully advised of all the facts in said case, transmitted it to the Court The statute of July, 1864, prov ides against the bringing of a suit in the Court of Claims for a. tinding of facts in accordance with the provisions of the act en­ of Claims founded upon any demand "growing out of the destruction or appro­ titled "An act to afford assistance and relief to Congress and the Executive priation" of property by the Army and the Navy during the war. The collec­ Departments in the investigation of claims and demands against the Govern­ tion of tolls was incident to the use and appropriation of the Government and ment," approved March3,1883. Said claim has been returned to the Committee can not be di»tinguished from the property itself. on War Claims with the following findings of facts: The term "appropriation" is of the broa-dest import. It includes all taking and use of property by the Army and Navy in the course of the war: not author- [Court of Claims. December t-erm, 1887. Congressional case No. 61. The Nor­ ized by contract wilh the Government. · folk: County Ferry Committee vs. The United States. Findings of fact and The use may be perma.uent or temporary,.and it may result .in the destruc- opinion filed December 19, 1887.) tion or mere injury to the property. . The claim in the above-entitled case having been transmitted to this court by If the right to the property or to its use is not obtained by valid contract the Committee on War Claims of the House of Representatives on the 21st day with the Government the taking or use of it is an appropriation w ithin the of March, 1884, and the Attorney-General, by his assistant·, Louis Cochrane, esq., meaning of the act of Congress. (Filor's case, 9 Wall., U.S. R., 45.) . having appeared for the defendants, and the suit having been brought to a hear­ Upon the question of the petitioner's right to sue under the general j urisdiC· ing on the 14th day of December, 1887, the court, upon the evidence and after tion of this court, it bas been held: - hearing Messrs. Goode and Neely for claimant, and the said assistant for the Where a quartermaster in Memphis, during the war of the rebellion, orders United States, finds the facts as follows : a clerk to procure a building for the Pay Department, and the clerk, without - L authority, promises the owner a. rea-sonable rent, who thereupon cons~nts to 'Prior to the 1st day of l\Iarcb, 1858, the town of Portsmquth constituted a part the possession being taken by the Government, the promise does not bmd the of the county of Norfolk, in the State of Virginia, which county was legally defendant, and the act does not constitute a renting; bqt it is deemed to be mil­ seized and possessed of a ferry and ferry property, consisting of three steam itary occupancy and appropriation. ferry-boats, a wharf, and buildings, in the town of P01·tsmoutb. "The Court of Claims bas not jurisdiction of a case fo:r the occupation of a building in Memphis by military authority durin~ t~e rebellion, there .be~ng no II. valid lease. Such an occupancy is an approprllltion of property w1thin the • The said ferry was run between the city of Norfolk, town of Portsmouth ~ and meaning of the act of July 4, 1864." (13 Stat. L., ~1; 3 C. Cis. R., 1.) Washington Point, and was a source of revenue to the said county of Norfolk, The first section of the act of 1854 simply denies the jurisdiction of this court, • the proceeds being dedicated to the payment of its public debt, to the support of without affectin<>' otherwise the right of the petitioner. Tlie jurisdiction thus Its free schools, and the maintenance of its public roads and bridges. denied was as t; the general jurisdiction of the court to entertain claims and Ill. pass upon the legal rights of parties by a judicial finding in the form of a judg­ On the 1st day of 1\Iarch, 1858, the said town of Portsmouth was, by an act of ment. the General Assembly ofVir!rinia, chartered as a city, with separate jurisdiction The act under which the petition is filed is an enlargement of the ~urisdiction from the said county of Norfolk, and by an act of the 21st of March.lB58, sup­ in the finding of facts, to assist Congress in the determination of clD.ims against plemental to the former act, provision was made for the disposition of the com­ the Govet·nment. mon property of the county of Norfolk and city of Portsmouth, whereby it was The act of July 4, 1864, does not bar the right of the claimant~ under the act provided that the ferries then plying between the said city of Norfolk and the of March 3,1883, to have a. finding of facts upon which to predicate an applica­ city of Portsmouth nnd Washington Point, known as theNorfolkCountyFerry, tion to Congress for such redress as may seem eqnitable under all the circum­ should continue to run as then provided by law, and should be the joint and stances to award th-e petitioner. equal property of said county of Norfolk and city of Portsmouth, and should be In accordance with these views we have mad~ a finding of facts from the evi- regulated by a committee of six, three of whom should be appointed by the dence in the case. eourt of said county and three by the council of said city. By tke court. A.ttue copy. Test, this 29th r, a ferry committee, called the Norfolk County Ferry Com mittee, against the Government." The petitioner, on the 14th d ay of Ma y, 1862, was the composed o.t six person>< appointed jointly by the court of said county and the owner and possessor of a ferry between t-he city of Portsmouth and the city of council of or connected with the Army. During the said time the States from the said 14th day of May, 1862, to the 21st day of April, 1866 (with the officers of the Army had complete control of said ferry, and charged and col­ exception of eig·h t days), when it w a s restored to the .said ferry committee. lected fare from persons not connected with the Government. The claim now 5. That during the whole of the said period the said Quartermnste1·'s Depart­ made by the petitioner is to recover from the United States the amount col­ ment continued to charge and collect tolls and ferriages on all civilian s, their lected from the general public for the transportation of property and persons animals, vehicles, and freights, and bas never accounted with the sa id commit­ not connected as aforesaid. tee, county, or city for any part of the moneys so ,received. It is insisted by the counsel for the Government that this court has no juris­ 6. That before the month of0ctoher,1857, since whjch time the receipts of the diction to rep ort the facts to Congress because of the exclusion contained in the said fe rry can not accumtely be ascertained, the receipts from the same were second clause of the third section of said act, which is as follows: annually for several yeaJ:.S about $25,000, and that dul"ing the use and occu pa

• 6936 CONGRESSIONAL RECORD-HOUSE. JULY 27, tion thereof by the said Quartermaster's Department, owing to the greatly in­ STATE OF VIRGINIA, Count11 of Norfolk, to wit: creased travel resulting from Norfolk City being occupied as military head­ I, Alvah H . Martin, clerk of the board of supervisors of said county, do certify quarters, the great influx of population, and other causes, the receipt·s from all that Messrs. Joseph T. Duke, James W. Nicholas, and Thomas J. Nottingha~ sources, exclusive of officers, soldiers, and Government transportation, were have been duly elected by said board ns members on the part of Norfolk greatly increased. · • Count.y of the joint committee for the management of the Norfolk Coun~ and 7. That they have no means of knowing what the actual revenues of said ferry Portsmouth Ferries, and t.hat t.hey are now serving as such members. amounted to during the greater part of the time it was run by the said Quar­ Given under my hand this 29th day of May, 1884. termaster's Department, but have ascertained from Theophilus H. Rogers, who ALVAH H. MARTIN, Clerlc. wru~ either superintendent of said ferry or toll-gatherer thereof under appoint­ ment of the said Quartermaster's Department during the whole time of said At a. regular meeting of the council of the city of Portsmoutb,Va., held March usc and occupation, that he kept an accurate account of the receipts of said 4, 1884, the following gentlemen were elected to represent the city of Ports­ ferry from the 1st of April, 1864, to the 1st of January, 1865, and that the same mouth on the joint committee for the management of the Norfolk County Fer­ at 2t cents a passenger amounted to the sum of $19,383.82for the said nine months. ries: Messrs. C. S. Sherwood, Joseph F. ·weaver, and E. C. Brooks. 8. That from that time to the lOth day of July,lo65, when the charges were [sEAL.] E. THOMPSON, JR., C. C. the same, he did not keep an account of the receipts of saidfe1·ry in consequence A copy. of a. different mode of settlement having been adopted by the said Quarter­ JOHN H. JONES AND THOMAS D. HARRIS. master's Department, but be is confident that the daily receipts for the inter­ The next business on the P.ri vate Calendar was the bill (H. R 37) for vening period rather exceeded than fell short of those between the 1st day of April, 1864, and the 1st day of January, 1865; that on the lOth of July,l865, the relief of John H. Jones and Thomas D. Harris. the toll on passengers was increased from 2t to 5 cents, and from that time to Mr. LANHAM. I ask unanimous consent that this bill be passed the surrender of t.be ferry on the 21st of April, 1856, the daily r eceipts of said over informally, retaining its place on the Calendar. ferry reached, as the vouchers of the Quartermaster's Department will show, the sum of$110, which would give as the annual receipts the s um of $40,150. There being no objection, it was so ordered. 9. That from the sworn statement of Joseph H. Porter, who was appointed WILLIAM E. WOODBRIDGE. superintendent of the ferry upon it.s surrender on the 21 st of April, 1 G6, it ap­ pears that the daily receipts of said ferry from the day of its restorati(ln have Mr. STOCKDALE. House bill No. 27, a bill which proposes simply been on an average the sum of$135.64, which would give the sum of $49,508 as to refer a case to the Court of Claims and which makes no appropria­ the annual receipts of said ferry. AU of which goes to show that the receipts tion, was passedoverawhileago informally. I ask unanimous consent dul'ing the period of its occupation by the Quartermas r's Department must have been at least as much as the ordinary receipts were before the said seiz­ that we now return to it. ure and occupation, to wit, the sum of $9-5,000 per annum, and would amount The CHAIRMAN. Is there ob~ection to the request of the gentle­ during said use and occupation, to wit, from the 14th of May, 1862, to the 21st of man from Mississippi [Mr. STOCKDALE]? The Chair hears none. The April. 1860 (except eight days), being three years and eleven months, to the !!.g­ gregate sum of $97,916. title of the bill will be read. 10. That the enjoyment by the Government of the u se and occupation of said The Clerk read as follows: ferry for the transportation of troops, supplies, and munitions of war for the A bill (H. R. 27) vesting the Court of Claims of t he United States with jurisdic­ period aforesaid was worth to the Governm ent at least the expense of running tion to determine the rights of 'Villiam E. w ·oodbridge to certain letters patent said ferry, and that the county of Norfolk and city of Portsmouth are justly for a metallic sabot, and to render judgment in h is fayor for the use of the same entitled to receive from the United States all the moneys arising from tolls upon by the Government during the war of 1851. passengers, vehicles, animals, and freights collected by said Quartermaster's Department from civilians and others than those in the employment of the Gov­ The CHAIRMAN. If there be no objection, this bill will be laid ernment of the United States a.s moneys bad and receh·ed by the Government aside to be reported to the House with the recommendation that it for the use and benefit ofthesaidcounty ofNorfolkand and city of Portsmouth. pass. ll. That they are also entitled to receive damages for the impaired condition of said ferry and ferry property, owing to the dilapidated state they were per­ Mr. HOLMAN. What is the proposition? mitted to i&ll into during the said use: and occupation by the said Quartermas­ Mr. STOCKDALE. This bill simply proposes to refer a case to the ter's Department, which damag~s are estimated at $10,000. 12. That an overwhelming m ajority of the people of said county and city were Court of Claims. loyal to the Government and opposed to secession and disunion; that shortly Mr. HOLMAN. Under the Bowman act? after the Federal occupation, at the first State election occurring thereafter, the Mr. STOCKDALE. The only difficulty is that the case is barred said county and city were reorganized as a part of the loyal State of Virginia, by the statute of limitations; that is all. and have ever since been represented in the restored government of Virginia; tbe.t besides sending representatives to the Alexandria. convention which abol­ Mr. GROSVENOR. If this bill removes the bar of the statute of ished slavery in Virginia. by constitutional amendment, and gave the assent of limitations, that is an important matter; and the bill ought to be con­ Virginia to the creation of,Vest Virginia. as a. new St.ate, the county of Korfolk sidered before we pass it. furnished the president of that body; that the said county and city were, by the President's proclamation under acts of Congress, excepted from emancipation Mr. HOLMAN. I understood the bill was simply• to refer a case, and other provisions applying to disloyal St·ates and parts of States, and that under the Bowman act, for a report ofthe facts to Congress. from and after the 8th day of May,l862, the said county of Norfolk and city of The CHAIRMAN. The Clerk will report the bill. Portsmouth ceased to be in law and were not in fact the seat of war. . 13. Your petitioners further show that this case has been referred to this hon­ The Clerk read as follows: orable court tor a determination of the facts therein by the Committee on War B e it enacted, etc., That the claim of William E . Woodbridge, for compensation Claims of the House of Representatives under the act of Congress approved for the use or his invention relating to projectiles for rifled cannon, for which 1\larch 3, 1883, and your petitioners pray that this honorable court will so ex­ letters patent were ordered to issue March 25,:1852, by the United States GoYern­ amine this case and such report make as the facts herein may warrant, and for m e nt be, and the same is hereby, referred to the Court of Claims of the United all other proper relief in the premises. States, which court is hereby vested with jll!"isdiction in t he prem ises, and whose 14. Your petitioners further show that they have been duly appointed a ferry duty it shall be to heat" and determine,according to its usual rules of pro­ committee by the county of Norfolk and the city of Portsmouth: that they are cedure- residents respectively of said county and city, and that James G. Holladay, of First. Whether the said 'Voodbridge was the first and original inventor of the the city of Portsmouth, has been appointed their attorney for the prosecution said invention, and entitled to a. patent therefor. of this claim. J. W. NICHOLAS. Second. 'l'o what extent the said invention has been used by the United States THOMAS J. NOTTINGHAM. Government, and what amount of compensation, if any , the said Woodbridge JAl\1ES T. DUKE. ought to receive in equity and justice from the United States Government for C. S. SHERWOOD. the past use of said invention. And in considering and determining the com­ JOS. F. WEAVER. pensation to be made, if any, the said court shall, if it find that the sa id 'Vood­ E. C. BROOKS. bridge was the first nnd original inventor of said invention, and entitled to a STATE OF VmGINIA. p :1teut at the time of its order to issue, namely, March 25, 1852, proceed and be County of Norfolk, to wit : guided in all respects as though the aforesaid letters patent had been actually This day personally appeared before me, AI vah H. l\1'artin, clerk of the conn ty issued for the term of seventeen years from the date of the lliol'esaid order to court of Norfolk County and ex-officio clerk of the board of superYisors of said issue; the court to render judgment, irrespective of lapse of time, in favor of the county, .Toseph T. Duke, Thomas J. Nottingham, James W. Nichols, E. C. claimant, with the same effect as judgments generally of said court. Brooks, C. 8. Sherwood, and Joseph Weaver, the joint committee for the man­ Mr. HOLMAN. I think the report in this case·had better be read. agement of the Norfolk County ferries on the part of the city of Portsmouth and the county of Norfolk, who seYerally made oath in due fot·m of law that the The CHAIRUAN. The report is eight closely printed pages. allegations and statements contained in the petition hereto annexed are true Mr. McCREARY. I move that it be printed in the RECORD. and couect to the best of their knowledge, information, and belief; and I do :Mr. HOLMAN. That would not be of any util.ity in determining further certify that the said Joseph T. Duke, Thomas J. Nottingham, and James w·. Nichols are the members of said joint committee for the management of the at this moment the merits of this bilL As will be observed, it removes Norfolk County ferries on the part of Norfolk County, they having been duly the bar of the statute oflimitations, and also provides a method of pro­ elected or appointed as such by the board of supervisors of said county, as will cedure on the part of the court in rendering judgment; aJ:!d that judg­ appear by a. certified extract from the proceedings of said board hereto annexed, and have duly quali1ied as members of said committee. , ment, of course, is to be final. It is not a case where reference is made Given under my hand and the seal of said court and of said board of super­ to the Cotut of Claims for the mere purpose of having facts ascertained visors this 29th day of May, 1884. and reported to Congress. This bill proposes to confer upon the court [sEAL.] ALVAH H. 1\IA.RTIN, Clerk of the County Cou1·t of Norfolk County and ex officio Clerk of jurisdiction to bear and determine the case, waiving the statute of limit­ the Board of Supe1'Visors of said county. ations, and it also directs a basis on which the investigation shall pro­ STATE OF VIRGINIA, County of No1jolk, to wit: ceed. So that it seems to me it isfmportant we should hear the report. I, Edward Spalding, judge of the county court of said county, State aforesaid, .Mr. STOCKDALE. I shall not insist on detaining the committee do certify that Alvah H. 1\Iartin, who b ath given the preceding certificate, is with this bill if the report is to be read. I desire to make a brief state­ clerk of said court and ex officio clerk of the board of supervisors of said county, and that his said attestation is in due form. ment, and then if my friend from Indiana [Mr. lioLMA.N] insists upon Given under my hand this 20th day of May, A .. D. 1884. his objection I will withdraw my proposition. The only point in this [sEAL.] EDWARD SPALDING, CMe, as appears in the report, is whether this invention wa.s the prop­ Judge of the County Court of Norfolk County. erty of this claimant-a gentleman, I believe, from Uassachu etts, STATE OF VmGINIA, County of No1jo!k.,to wit: though I have only met him casually-and if the invention was this I, Alvah H. Martin, clerk or the county court of the said county or Norfolk and State of Virginia, do hereby certify that Hon. Edward Spa lding, whose gentleman's property, whether the Government used it, and if the Gov­ genuine signature appears to the certificate above, is the only judge of the said ernment did use it, to what extent? That is all there is in this long county court, and that all his official ac~ . as such are enlitled to full faith and report. ()redit. In testimony whereof I have hereunto set my band and affixed the seal of Mr. HOLMAN. I have no objection to a bill co vering those points, said court, at my office, this 29th day of May, A. D. 1884. but this biU goes beyond that. [sEAL.] ALVAH II. MARTLJ'Il, Clerk. Mr. STOCKDALE. There was a patent allowed to this claimant in • 1888. CONGRESSIONAL RECORD-HOUSE. 6937

the Patent Office in 1852, and it waB deposited in the secret archives of kept there until he called for it. When he did call for it in conse­ the Government subject to his order. · quence of the circular to which I have referred, it.was withheld from Mr. ANDERSON, of Kansas. What year WaB the patent issued? him. . Mr. STOCKDALE. It waB allowed in 1852, and placed in the secret Whether any of these projectiles were used during the war is one of archives of the Patent Office, to be issued upon his call. He never the facts to be determined by the Court of Claims. Dr. Woodbridge called for it until1861. In the mean time the Government had issued alleges they were used. . · a circular containing printed rules, one of which was that patents should Mr. ANDERSON, of Kansas. Iftheywere used would not the pre­ not lie in the secret archives for alongerperiod than six months. Dr. sumption be this claimant would have brought suit to recover dam­ Woodbridge claims that he had no notice of this circular, and that ages from the Government? when he called for his patent the Patent Office refused to give it tQ Mr. STOCKDALE. No, not necessarily. But these facts are all to him, the Commissioner giving as a reason, and the only reason, the ex:- be determined by the Court of Claims, and· certainly there can be no . istence of these rules. He now asks that the statute of limitations be objection on the part of gentlemen to a bill for that purpose. · removed, so that he can haye standing in the Court of Claims to try his Mr. ALLEN, of Michigan. I wish to offer an amendment to this cause. bill. Mr. ANDERSON, of Kansas. Six months' bar? The Clerk read as follows: Mr. STOCKDALE. Yes; he asks that the six months' bar of the Said court shall also ascertain further whether said projectile was used by the statute of limitation be removed, so that he may go into the Court of Confederate army with the consent of the inventor, and whether he received any Claims and have that court ascertain whether he has the right to the compensation therefor. patent or not, as to whether he was or was not the inventor; and if so, Mr. STOCKDALE. I have no objection to that. He is from 1\fas­ that that court shall so render judgment. sachusetts, I believe; _and I do not suppose he was down there giving it 1\Ir. ANDERSON, of Kansas. What is the amount of the claim? to the Confederates. Mr. STOCKDALE. No estimate has been made as to the amount Mr. ALLEN, of Michigan. You can not always tell about these of money involved in the claim. It is alleged that the Government used Massachusetts men. this man's invention, but to what extent has not yet been determined; Mr. HOLMAN. In a case like this, standing so long, it seems to that is for the court, and this bin is to take the claimant into court for me that Congress should be possessed of all the fad.s before legislating . that purpose. further. I therefore submit what I send to the desk as a substitute This patent was for a sabot to a projectile, and there was no use for for the pending bill. · it to any great extent until war was about to be inaugurated. The pat­ The CHAIRMAN. If there be no objection, the amendment pro­ ent was issued, but allowed left in the secret archives of the Govern­ posed by the gentleman from Michigan will be considered as adopted. ment, as I have already stated, subject to be issued at any moment on There was no objection. the order of Mr. Woodbridge. He had done all that he was required Mr. HOLMAN. I now ask for the reading of the proposed substi­ to do. The Government had done all it could do, and had ordered the tute. patent to issue whenever called for. When the war was inaugurated The Clerk read as follows: and there was a demand for such things, it is claimed that the Govern­ Strike out a.ll after the ena.cting clause, and insert: _ "Tha.t the claim of William E. Woodbridge for compensation for the use of ment did use this patent. his invent-ion relating to projectiles for rifted cannon, for which letters patent Mr. WILSON, ofMinnesota. This is a claim against the Govern­ were ordered to issue March 25, 1852, by the United States Government, ba, a.nd ment-for what? the same i.s hereby, referred to the Court of Claims of the United: States, which court shall inquire into the facts of said claim under existing la.w and report to Mr. STOCKDALE. In the first place the claim is to secure the pa­ Congress all the facts found without reference to the statute of limitation." tent for this invention which was allowed to this claimant but has been withheld from him; and in the second place it covers the use by the The CHAIRMAN. The question is on agreeing to the substitute Government of this gentleman's invention during the war. If the which has just been read. Government did use his invention it should pay him for it. Mr. BLOUNT. I wish to ask a. question, as I have not had an op­ Mr. BLOUNT. Has this claim been brought before any previous portunity to read the report, and it has not been read from the desk. Congress? \Yas not a patent refused in this case by the Commissioner of Pat,ents? Mr. STOCKDALE. I · believe the claimant tried to get Congress to Mr. STOCKDALE. No, sir; it WaB ortiered to be issued and papers appropriate money for the purpose of making an experiment of this were all made out, and we have in the proof that Dr. Woodbridge was projectile, but Congress declined to do so. The patent has been with­ notified at his home in Massachusetts, I think it was, of the fact that held from the claimant, and since then nothing has been done, or I the patent had been allowed and that at his request it would be held in the secret archives of the office subject to his directions as to the time have no information in referenc~ to anything being done. 1\Ir. ALLEN, of Michigan. Were any of these projectiles used in of issuance. the Southern army? . · Mr. BLOUNT. What is the "decision" referred to here in the re- Mr. STOCKDALE. So far as we were concerned they came to us port? from the wrong end of the cannon. [Laughter. .] · :Mr. STOCKDALE. To what decision do you refer? Mr. ANDERSON, of Kansas. What is the estimate of the amount Mr. BLOUNT. I quote from the report: of this claim? I must object tb any disturbance of the decision of Commissioner Eubank, as announced in his letter of Aprill5, 1852, such action being contrary to the rule Mr. STOCKDALE. I am not able to give any estimate. That is of the office, which declares that a. decision deliberately made and approved by one of the matters that we propose to refer to the Court of Claims. one Commissioner shall not be disturbed by his successor. If the Government used this patent, in the first place that is to be as­ Mr. STOCKDALE. That decision refers to the faet that after the certained, and, if so, to what extent it was used, and the compensation issuance of the patent and the placing of it in the secret archives of is to be made upon that basi~. the Patent Office the circular of 1854 was issued with reference to al­ Ur. ANDERSON, of Kansas. Does the claim exceed $5? lowing patents to remain there in the secret archives for a period not Mr. STOCKDALE. Oh, yes; multiplied many times. longer than six months. Dr. Woodbridge,.not being notified of that Mr. ANDERSON, of Kansas. Does it amount to $5,000,000? fact, claimed that he was entitled to have the patent issued. Mr. STOCKDALE. No, nothing like that much, but I can not speak Mr. BLOUNT. Did the Commissioner of Patents decide otherwise? definitely. It can not be a very large sum, ~nd the bill is intended Mr. STOCKDALE. Yes, sir; he decided otherwise by reason of the only to render justice to this man. issuance of that circular. Not that the patent was not good, but be­ Ur. WILSON, of Minnesota. What is the patent for? r.-ause of this circular. He held that the circular hav!tl.g been issued, Mr. STOCKDALE. It is for a sabot to a projectile. and the patent not taken out within the time fixed by the circular, it 1\fr. ANDERSON, of Kansas. What is the object of it? operated as a bar. Mr. STOCKDALE. The object of it is to give greater effect to the Mr. HOLMAN. I think we ought to waive that. explosive force of the powder. The sabot is made with grooves that Mr. STOCKDALE. And the Commissioner of Patents would not fit the 1ifles of the gun, with an aperture in the center, and rests on set aside a decision of a former Commissioner. You will notice, bow­ the charge of powder or cartridge. When the projectile is driven into ever, that the decision is not upon the merits of. the case at all, but had the gun, the rear end, being conical, inserts itself into the aperture of regard solely to the question of practice in the office as to the length the sabot, and when the cartridge explodes it drives the sabot against of time these patents could remain in the secret archives. The de­ the projectile, and the sabot, turning with the twist of the rifle-grooves, cision does not claim to be on the merits, but that he regarded it as fills the grooves so that the explosive gases can not escape through res adjudicata, if I may use the term; that the present Commissioner them, thus . utilizing all the force without losing anything by forcing could not go back and reverse a decision of a former one. the projectile to fill the grooves, causing friction, and at the same time The CHAIR?y.IAN. The question is on agreeing to the substitute the sabot gives a rotary motion to the projectile. These drawings show proposed by the gentleman from Indiana. its action. Mr. STOCKDALE. I wish to be heard on the substitute. That .Mr. BREWER. Is there anything in the report giving information just destroys the whole effect of this bill. The substitute provides from the Patent Office in respect to this matter? simply to go there and ascertain facts regardless of the statute of lim­ Mr. STOCKDALE. There is no information from the Patent Office itations. · except this: That the patent was issued in 1852, and that it was de­ Mr. HOLMAN. That is waived. posited in the secret archives of the Government, and that Dr. Wood­ Mr. STOCKDALE. I say regardless of the statute. '!:here is noth­ bridge was notified it was there and subject to his order and would be ing in the world in the substitute to show wllat facts we want to as- 6938 CONGRESSIONAL RECORD-HOUSE. JULY 27, certain. "Ascertain all the facts." .All what facts? It just simply 1862. These supplies consisted of sugar, flour, coffee, and other things. wipes out the bill and puts into its place nothing. A certain formu­ His claim was presented to the Commissary-General, but at that time he lated state of facts should be a.Scertained if it goes to the Court of did not know where the commissary of the Sixty-sixth Indiana Regiment Claims, we think. The court ought to decide:something. It might resided. Subsequently, however, he ascertained where Captain. Hay decide that it had been issued and put in the secret archives of the resided, and there is now filed in the papers of the case the affidavit of Patent Office, and that this decision was made about which the gentle­ Captain Hay showing that thffie articles were obta.ined for the use of man from Georgia inquired. There is no basis of fact upon which the the two regiments referred to; that they were needed and that they Court ofClaims·could find anything. We know now all the facts that were used by the soldiers of those two 1·egiments. would be divulged by such an inquiry. The loyalty of John Farley is proven by Captain Hayand by anum­ l\Ir. BLOUNT. Are not most of the facts of record anyway? ber of very good citizens, and I hope the bill will pass. Mr. STOCKDALE. Everything is of record except the single fact, • The bill was laid aside to be reported to the House with the recom­ how much, if any, the Government used the patent, or ifit UEed it at mendation that it do pass. all. Now, I say if that be true, as slated in this record evidence, that LUCINDA M 7GUIRE. the Government of the United States was simply a bailee, and had no more l'ight to use the property of Dr. Woodbridge than I bad, but did The next business on the Private Calendar (consideration of which it; then if it did use the patents of this man in its efforts to sup­ was asked by 1\lr. PHELAN) was the bill, (H. R. 5871) fOI" the relief of use Lucinda McGuire. pr~s the Confederate war, as a gentleman over the way said awhile Mr. PHELAN. I ask consideration of this bill, and that Senate bill ago, the Government ought to pay for the brains of the men that it 102 be substituted and tbe.bill H . R. 5871 be laid on the table. used to furnish material by which they could accomplish their great There was no objection·, and the Senate bill was substituted for the purpose. House bilL I hope the substitute will be rejected. l\!r. WILSON, of Minnesota. Is it shown that he forfeited the The bill was read, as follows: Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, patent? directed to pay to Lucinda McGuire, of Memphis, Tenn., out of any money in :Mr. STOCKDALE. That is for the court to decide. the Treasury not otherwise appropriated, the sum. of $10,260. in full compensa­ Mr. HOLl\IAN. I wish to say a word in answer to my friend from tion for the use of her premises Nos. 195 and 197 Main street-, in the city of Mississippi. The su-bstitute proposes to accomplish everything that I 1\Iemphis, Tenn., from March 24, 1863, until June 1, 1865. think could be fairly asked in a case like this. In other words, it The rep01·t (by Ur. FAULKNER) was read, as follows: waives the statute of limitation and permits the Court of Claims to The Committee on Claims, to whom were referred the bills (S. 77 and S. 102) make inquiry in the question presented and report to Congress upon for the relief of Lucinda 1\IcGuire, having considered the same, submit the fol­ lowing report: the facts. This claim. has so frequently been brought to the attention of both the Senate l\fy friend from l\Iississippi says the sub~titute accomplishes nothing. and Hou e of Representatives, and the reports to Congress, made by the Com­ Let ·us see. The claimant urges that he was entitled to his patent; mittee on War Claims to the House, so conflicting, that 1t eems proper the facts on which the claim rests and the objection to its allowance should be stated, that it was issued but not delivered, and that his discovery was used that the questions involved may be fairly and judicially passed upon. by the Government. lie alleges that it was valuable, and that be is Lucinda. McGuire was tbe onlv child of \Villiam Lawrence, who died intes­ entitled to a. given sum. for the use of the patent by the United States tate in1854. Subsequent to his death the county court of Shelby County, Teanes­ see, appointed a coll1missioner with power to invest 12,000 in real estate for the during the late war. use and benefit of his heir. Under tbis authority two business tenement , sit­ These are all matters to be inquired into and reported upon to the uate in the city of l\lemphis, were purchased. Fire having destroyed the im­ House, waiving, as I have said. all rights under the statute of limita­ proYements on -these lots, there were afterwards erected on the same property two buildings which were known as the \Veb ter Block. The claim ofthe pe· tions. I think in a case like this, where the mere fact of the issuance titioncr for rent has :reference to the property above described. It is as follows: of the patent is involved in a techni~l question of office practice, that that point might well be waived, and also that any bar of the statute Tile United Stales to Lucinda McGuire, Dr. For l'ent of two rooms in premises 195 and 197 1\Iain street, ·Memphis, of limitations ought to be removed. I am perfectly willing to do that, Tenn., from January 25, 18G3, to March 24., 1 63, at~ per month ...... S!l8.3! and think it ought to be removed, but I am not willing to go beyond For rent of entire premi es ft·om March 2!, 1 53, to May 3~, 1 ·oo, at it. Let ns learn the facts before we attempt to legislate upon the sub­ $-J,OOO per annum each ...... ~ ... 17,46G.6G For direct damage and injury done said property du1·ing and by rea- ject. son of said occ-upation ...... 5, 000.00 ~1r. STOCKDALE. Let me ask of the gentleman from Indiana, if we ascertain the facts before we go to the Court of Claims, what use i3 22,565. oo Cl · Th 1 f · h Less amount paitl on account by R. E. Clary, deputy quartermaster- there to go to the Court of arms? e gent eman wants to arm_ general, United states Army...... 1, 526.78 a j ndgment for the Court of Claims. --- Mr. HOLMAN. We will furnish our own judgment when tbefacts I 2l,038. .l2 are ascertained. The gentleman wishes to giYe to the Court of Claims Tho evid~nce · i~ full an~ sat~sfactory that Ute two small roo~s on th.o ccond . . a· t• f 1 . f this k' d d I d t th' k 't rrht t floor (mentwned Jn the first ttem of the nccount) were oceupJeU between the fin !1l JUriS lClO~O CaimSO . lD ,an ono Ill I o.uo 0 dateschargedbytbe"patrolandprovo::;tguard"oftheA.rmy. Thepo esion be done after thiS long lapse of time. I request that the substitute be 1 taken. of these ro?ms by t~e G~vernmen.t, and the use for which they wet·e ap- again reported · propna1ed, negatn·es any unpiled promtse upon the part of the Government , . · . d I that rent would be paid for tlleir occupancy. H was imply one of the incidents 'I he subst~tute was again reporte · . . of the wat·,and presents no legalorequitablegroundasthe ba~isofan appeal to The question was taken on the adoption of the substitute; and the tl.Je justice of the Government. Your committee would therefore recommend Chairman announced that the ayes seemed to have it. that so m.uch oi said cln_im be di:;all?wed. . . . The eVIdence to sustam the tbu·d ttern of the account, to w1t, ~.000, ''for dam- l\!r. STOCKDALE. Let US h ~ve a di VlSlOD. - ages and injury dono said property," is unsatisfactory and insufficient to Rup- The House divided; and pendmg the announcement of the result of porHhe claim, without suggesting other objections to its aUowance, which ap- the count p~ar in evidence. It is, therefore, further recommended that this item be also 'd I k b . · - t t th b'll dl. allowed. · l\lr. ST~OCKDALE . Sal :. .as Y unarumous con:sen 0 pass e 1 The fact that the two properties abo,·e descr:bcd belonging to the petitioner over and that It shall retam Its place on the Calendar. were used and occupied by the Go\·emment fot· the pwpo&s of a hospital be- :Mr. HOLl\f.AN. I think the substitute ought to be adopted. tween the dates charged in ~be account, is ful~yand_sati:~factorily shown by the Mr. BREWER. If the bill be withdrawn with the expectation of ~~~~d, and the only questions for the consideration under the facts proven calling it up again the report should be printed. 1. Should the Government pay to the owner of the propet·ty a fair &.nd reason- The CHAIRMAN. Is there objection to the bill beinO" withdm wn able 1·ent for its usc nnd. occupation R.S a hospital ? and if so, 0 · · · la th C 1 nd ? Th Cb · h , 2. What, under the endence, would be a p1·oper allowance? and retammg.as p ce on e a e ar • e ~ ears none, anu The fac!s de.-elop d by the testimony bearing on this question a1:e : . it is so orde1·ed. The Clerk will report the .next bill. On the 2-tth of Marchi 1S63, H. D. Connell, who w then occupying s:1id J~HN FARLEY. ~~~f:rty, received the fo lowing note from the "rental agent" of the Go,·crn- The next business on the Private Calendar (the consideration of which "Sm: You will deliver to the bearer the keys to tbe houses in the Wol>ster Block, now in your posse ion. was asked by :Mr. McCREARY) was the bill (H. R. 341) for the relief "RE:::iTAL OFFICE, MarcJ~ 24, 18G3. of John Farley. "G. W. VAUGHN, Renta! Agent. The bill was read, as follows: '' H. D. CONNELL." The records of the bureau of the Q.u:utermaster-General for eptember 1!, 1863, Be it enacted, etc., That the Secretary of the Treasury be, and is bereby,autbor­ show that A. R. Eddy, "as istant quartermaster and rent.'\1 o1licet·," returned ized and direct·d to pay to John Farley, of Madison County, Kentucky, the this property ns in tho occupation of the Government, and that it was being used sum of$118.2S,which shall be in full of the amount due him for commissary sup­ nan. hospital. plies furnish eli the Army of the Uniled States in 1862. On the 31st of October, 1 64, L. S. Leonard, at that time" rentala!,!cnt," in re­ Mr. :McCREARY. I ask for the consideration of that bill. ply to an inquiry of Col. R. E. Clary, deputy quartermaster-general, said: Mr. BREWER. Let the report be read. "I have the honor to report. that Miss Lawrence bas never tiled any applica­ tion in this office in reg-ard to her title to this property." Mr. McCREARY. I will make a statement of the facts. From this letter the inference is reasonable and f;lir that some one wa urging Mr. BREWER. _ I withdraw my request that the report be read, and that the interests of this lady should be protected, and this inference is strength­ ened by the facts shown by the testimony, that within a few days after this will be satisfied with the statement of the facts by the gentleman from date, at the November term of the county court of Shelby County, J. G. Lons­ Kentucky. dale was appointed her guardian. Mr. llfcCREARY. Mr. Chairman, John Farleyis a citizenofRich­ 'Vhen the Government took. posses ion of this property the owner was only fourteen years of age, and, so far as the eviuence discloses, there was no one mond, Ky. IIe was a. grocery merchant in 1862, and is a grocery mer­ authorized to represent her with whom a valid and binding contract for its chant now. This claim is for $118.28 for commissary stores furnished rental could have been made. the Sixty-sixth Indiana and Niuety-:fi.fth Ohio Regiments Volunteers in After the appointment of Mr. Lonsdale as her guardian, eighteen months after •

1888. OONGRESSIONAL REOORD~HOUSE. 6939 possession had been taken by the Government, we find from the records of the the Quartermaster-General, .April16, 1867, and the following decision was ren­ Quartermaster-General's Bureau that the interests of this minor were protected dered: by him, and that :from the 18thofFebruary,1865, until the 31st day ofMay,l865, QUARTEIUIASTER-GENERAL'S OFFICE, he was paid the sum of $450 per month for the rent of said buildings. Washington, D. C., Aprt116, 1867. On June 1,1865, R. E. Clary addressed the following letter to the guardian of . Sm.: I have the honor to return, with report, a claim in favor of 1\Iartha. L. the claimant: Russell, Rutherford County, Tennessee, fo.r value of 15 horses, $1,875; 10 mules, "DEPUTY QUARTERMASTER-GENERAL'S OFFICE, S1,300; 4,000 bushels of corn, ~4.000; 38 stacks of fodder,l)570, and 3,500 cords of "Memphis, Tenn., June 1,1865. wood, $10,500, referred to this office by the \Var Department February 19,1867 "Sm.: The two buildings in the Webster Block, heretofore rented from you { 18,245). It is stated by the claimant in her application that these stores were for military purposes, being no longer required, the rent for which will cease taken and used by the United States forces of the Twenty-first Army Corps, on the 31st May, 1865. under General Crittenden, which was encamped on her premises near 1\Iur­ "Respectfully, your obedient servant, freesborough, Tenn., during the battle of Stone River, on or about December "R. E. CLARY, 30,1862. . "Deputy Qtur.,·t~n·m aster-Gene!·al. The evidence of former officers of the corps, including the affida.-yit ofL. Rus­ "J. G. LoYSDALE, Esq., Memphis, Ttnm .•" sell. assistant surgeon Second Kentucky Volunteer Infantry (now the husband This claim was presented to the Third Auditor for audit, and on March 6, 1874, of claimant); George W. Griffith, breYet major Second Kentucky Cavalry; wns rejected, upon the grounds that no contract, either expressed or implied, Capt. E. A. Otis, assistant adjutant-general, and Capt. I. R. Paul, commissary had been proven. of subsistence, together with the testimony of other credible witnesses, is pre­ <>n the 22<1 of .April Comptroller W. W. Upton, in a clear and judicial opinion, sented:in support of the claim. The officers referred to respectively state that in reviewing the case, held- they were present and witnessed the occupation of th~ plantation by the forces " It is clear that because of the nonage of the claimant she could not have been under General Crittenden; that the hospitals and corps headquarters were es­ disqualified on accol1nt of disloyalty, and, in fact, there is no evidence tending tablished there; that the Army was then in need of supplies, and that every­ against her in that regard, and if the occupancy had been by agreement of par­ thing necessary found on the premises was taken and applied to the n.se of the ties, or if for any other reason the case was one which the accounting officers command. are empowered to settle, I see no reason why, in justice and equity, the claim­ It is stated in evidence, in explanation of the reason why receipts were not ant should not receive the reasonable rental value of the premises during the issued, that the proper officers were not accessible to claimant, who was then a unpaid portion of the time thepremiseswereoccupied. But because itwas not widow, and that the sudden movement of the troops precluded the possibility proven that the premises were occupied in pursuance of a. contract, I am satis­ of their being obtained. fied I have no official authority to det-ermine what amount should be paid." Affidavits of citizens of the vicinity,

6940 CONGRESSIONAL RECORD-HOUSE. JULY 27,

· MEDICAL DmECTOR'S OFFICE, DEPARTMENT OF THE CIDIBERLAND, mencement of e..1.eh Congress the amount of claims allowed during the Headquarters, March 4, 1863. preceding year. A very large number of these claims were rejected on SIR: The general- commanding directs that rations are to be issued to Mrs. the ground that the Quartermaster-General could not certify to the Howse and servants. She is to pay for them if pmcticable; if not, the rations are nevertheless to be issued. loyalty of theclaimants, and a much larger number of them were very By order of the medical director, Department of the Cumberland. materially reduced. We have now reached a point where these claims JAMES F. WElDS, A.B., U.S.A., are substantially disposed of. A few hup.dred thousand dollars more Assistant MedicaJ Director, Department of the Oumlierland. and perhaps two years more of work with a very reduced force will It seems remarkable to your committee that iu view of the foregoing orders issued about the time her property was taken, and in face of a. large number of close them up and bring to an end the business under the 4th of affidavits of Army officers, any question could be raised as to the loyalty of 1\lrs. July law. Howse (now 1\:lrs. Russell). Your committee are satisfied, after a careful exam­ These claimants, all of them, have had their day in court. I am the ination of the evidence, that the only testimony impeaching Mrs. Howse's loy­ aU.y emanated from personal enemies of her seconCI. husband, Dr. Leonidas more familiar with this question because a large number of these Russell, who occupies a prominent part in the politics of Rutherford County, claims arose in my own Congressional district. Wherever the Morgan Tennessee; and upon this question an agent of the Quartermaster-General, raiders went through Indiana Hobson's pursuit resulted in a L'U'ge specially detailed to investigate the facts, reported. under date of July 2,1880: "Against her loyalty are certain charges, made against the conduct of her number of claims, because he impressed into the service mules, horses, second husband since the war, by men who had very emphatically sworn to her wagons, and everything that was necessary for the supply of a moving loyalty as a matter of personal knowledge. army. These "4th of July claims," I say, have been subst-antially * * * * • * • adjusted. The facilities for investigating them wete better ihan could "But it is opposed by an overwhelming mass of contrary testimony, much of it from p ersons equally entitled to credence and having" a longer n.cquaintance, be afforded by a court of justice, for the reason that the Quartermaster­ and claimant would seem to be entitled to the benefit of the gree.t preponder­ General sent out men trho in each case made an examination upon the ance of the testimony in her favor. ground-men, I presume, of proper capacity for such duties, who were "She is entitled to the benefit of test-imony in her favor, which greatly pre­ ponderates, and I report her loyal." paid very handsome salaries, with an additional allowance for expenses. Your committee are satisfied, after a careful examination of the evidence, that Up to within a short period it has been thought that the claims de­ Mrs. Howse (now Mrs. Russell) was loyal to the Government of the Un i t~d cided by the Quartermaster-General ought to be allowed to rest, that States, and this appears to be the only point questioned by the Quartermaster­ General in his decision of 1880. they had bad their day in court; and after this case has been decided The claims presented are for $23,842. The claimants now propose to accept by an unusually competent Quartermaster-General-because the man 810,975, the amount allowed by the Quarte:-master-General in 1867, as a full set­ who held that position in 1880 was a man of acknowledged ability and tlement of all claims and demands against the United States, because, owing to the long lapse of time since the claim originated, as well as the unsettled con­ experience-and when he has found himself unable to certify to the dition of the country at that time, it will now be extremely difficult, if not im­ loyalty of the claimant, does my colleague think it is safe to reopen possible, to secure competent t~timony to establish the claim in the Court of this case, to begin reopening these claims and reversing the decisions Claims; and claimants contend tha~ the report of Captain Kirk was made after a personal examination by hlm very shortly after the property was taken, that of the tribunal to which they were authorizl' d by law to appeal? the action of the Quartermaster-Geneml in1867wasin accordance with law, and If some of these claimants here and there are to come in and have the sum allowed should be paid. · their claims considered in Congress and have the decisions of the Qn':tr­ We are clearly of opinion that payment should be made for the property taken, and think, under all the circumstances, that the amount allowed by the termaster-General reversed, we might just as well take up the whole Quartermaster-General should be, as is proposed by claimants, accepted by all body of these rejected Fourth of July claims, which exceed in amount parties as final; and we therefore recommend that the bill do pass. $30,000,000. Yonr committee, after due consideration, fully concur with the conclusions 1\Ir. CHEADLE. But the amonnt claimed in this bill is the amonnt reached in the foregoing report. The property charged for consists of stores and supplie.s taken and used by the United States Army at a time when such which was allowed by the Quartermaster-General. The difficulty in necessa ry articles could not be furnished by the Government, and compensa­ this case was that in 1880 a question was raised as to the loyalty of the tion should be made therefor. The settlement of the claim by the Quartermaster­ second husband. General in 1867 should be held as conclusive, and we therefore recommend that the bill do pass. Mr. HOLMAN. Certainly. I am not raising any question here upon the ground that this claim is not properly made up, or upon the Mr. CHEADLE. I move to strike out the name of Mary L. Rus­ ground that it a~;ose at the seat of war. '£he point I am making is, sell, in line 5, section 1. Mary L. Russell was the widow, but she is simply, that after the facts were ascertained and the Quartermaster­ now dead. General had decided the case in the first instance, before final action The amendment was agreed to. was taken by the aecounting officera of the Treasury, it came to the Mr. THOMAS, of Wisconsin. I have no doubt it is perfectly just knowledge of the then Quartermaster-General that there was doubt and reasonable, providing the circumstances are such that this kind of about the loyalty of the claimant, and be had the question inquired into claims should be paid. I dissented from the majority of the commit­ and it was decided adversely. Now, I ask my colleague again: Can tee, but made no minority report. At the time the property was we afford to take up these cases one by one and reverse the Quarter­ taken war was flagrant at and near Stone River, and the question is master-General's decisions ? If so, there are claims amounting to hun­ w bet her we ougb t to allow claims of this kind under the circumstances dreds of thousands of dollars in our own State which have not been ex­ or not. The claimant in this case was loyal, and I submit to the amined, and those have a right to demand a hearing here as well as the House whether it is not the duty of every citizen who happens to be great body of claims, amounting to over $30,000,000, which have been in the neighborhood of a battle to contribute of their means for the beard and rejected since 1864. support of the Army. That is a question which causes me to have a Mr. CHEADLE. My colleague is aware that subsequent to the find­ great deal of doubt about such claims. If this bill is passed it will be ing of the Quartermaster-General the Department became thoroughly an announcement that this is the standard for such claims. satisfied upon the question of loyalty. Mr. CHEADLE. I desire to call the attention. of the committee to Mr. HOLMAN. If that was the case, why was not this claim paid the fact that the evidence before the Quartermaster's Department finds in the ordinary way ? the loss of these parties to exceed $23,000. Mr. CHEADLE. I can not tell you that, but if you read the report Mr. TIIOM:.A.S, of Wisconsin. Permit me to say that I am of the you will see that I am right. opinion that .the claim is perfectly just as to the amount. . Mr. HOLMAN. The gentleman must labor under a misapprehen­ .1\Ir. CHEADLE. The Quartermaster's report favored the demand sion on that point, because at the commencement of t-.ach Congress the of $10,795, and the heirs are willing to accept as payment in full of Quartermaster-General certifies to us the claims that have been allowed their claim $10,975 instead of the $23, 000; and there is no question as during the preceding year, and they are embodied in a single bill called to the loyalty of the claimant. the 4th of July bill. Therefore there must be some mistake, be­ Mr. ALLEN, of Michigan. Why bas this claim not gone to the cause under the law, if the gentleman's statement were correct, this Court of Claims? claim would have come here with the other claims, would have gone Mr. CHEADLE. It was allowed in 1867 by the Quartermaster's into the 4th of July bill, and would have passed as a matter of course. Department. It has been reported to Congress and has passed one The last finding I have seen in these papers is that of 1880 upon the House three times, and the other two or three times, and has failed re-examination of the case when the question of loyalty was raised. simply by reason that it could nob be reached for consideration in both But I merely rose to call the attention of my colleague to the danger Houses in the same Congress. of reopening up these claims. Mr. ALLEN, of Michigan. Has it ever been in the Court of Claims? Mr. CHEADLE. The question raised was as to the loyalty of the 1\fr. CHEADLE. I do not think it has. second husband of the claimant. Upon investigation it was ascertainecl The bill was laid aside to be reported to the House with the recom­ that, instead of being disloyal, he was for four years an assistant sur­ mendation that it do pass. geon in the Union Army. The first husband died four years before Mr. HOL111AN. I will remind my colleague [Ur. CHEADLE] that the war commenced. As the record shows, it has been proved to the these 4th of July claims amount in the aggregate to something like satisfaction of the commanding officers that this widow was a loyal $64,000,000. There are a great many of them in our own State as woman, and the question of loyalty can not be raised as to the minor well as along the border. The law of the 4th ot July, 1864, applied heirs. only to the loyal States and to Tennessee and West Virginia, and the Mr. HOL:ftfAN. If there is any report made by the Quartermaster­ claims filed under the law with the Quartermaster-General amounted General since 1880, when he said be could not certify as to the loyalty to over $64 1000,000. 'l'.hose claims have been in progress of settlement of the claimant, I should be glad to hear it. for over twenty years, and have been paid at the rate of about $300 a nr. CHEADLE. I ask the Clerk to read the latter part of the tll\d­ year, the accounting officers of the Treasury reporting to us at th~ com- ing of the committee on that subject. 1888. CONG~SSIONAL RECORD--HOUSE. 6941

The Clerk read as follows: SEc. 3. That the Secretary of the Treasury ls hereby authorized and directed • to pay to Robert Smalls and his associates, or their heirs at law as afore aid, out Your committee are satisfied, after .a careful examination of the evidence, of any money in the '.rreasury not otherwise appropriated, t·he sum which may that the only testimony impeaching Mrs. Howse's loyalty emanated from per­ be by the said board of officers hereby authorized apportioned to each of them sonal enemies of her second husband, Dr. Leonidas Russell, who occupies a under the provisions of this act. · prominent part in the politics of Rutherford County, Tennessee, and upon this question an agent of the Quartermaster-General, specially detailed to investi­ Mr. DIBBLE (during the reading of the bill). Mr. Cbairman-­ gate the facts, reported under date of July 2, 1880: Mr. CANNON. Let the bill be read through. "Against her loyalty are certain charges made against the conduct of her sec­ ond husband since the war by men who had very emphatically sworn to her The Clerk concluded the reading of the bill. loyalty as a matt-er of personal knowledge. The CHAIRU.A.N. The gentleman from illinois [Mr. CANNO:N] as~ • • * * * * • unanimous consent for the present consideration of this bill. -Is there "But it is opposed by an overwhe1ming mass of contrary testimony, much of objection? it. from persons equally entitled to credence and having a longer acquaintance, and claimant would seem to be entitled to the benefit of the great preponder­ Mr. DIBBLE. I object. ance of the testimony in her favor. Mr. LANHAM. I moye that the committee rise. "She is entitled to the benefit of testimony in her favor, which greatly pre­ Mr. CANNON. I hope there will be no ol:Uection to the bill which ponderates, and I report her loyal." Your committee are satisfied, after a careful examination of the evidence, that has just been read. I think it can be considered in a moment. 1\!rs. Howse (now Mrs. Russell) was loyal to the Government of the United The CHAIRMAN. The gentleman from South Carolina [Mr. Dm­ States, and this appears to be the only point questioned by the Quartermaster­ BLE] has objected. General in his decision of 1880. Mr. CANNON. I appeal to the gentleman to allow the Committee Mr. CHEADLE. The special agent appointed to make investigation of the Whole to consider the case.• It is 1) unanimous report. reports that she is loyal. Mr. DIBBLE. There are circumstances connected with this case Ur. HOLMAN. But the Quartermaster-General does not; that is which lead me to object, because I do not believe it is a just claim the trouble. against the Government. Mr. CHEADLE. I ask the Clerk to read another paragraph which 1\fr. CA...~NON. Then if that can be shown upon discussion let us I have indicated in the report. defeat it. I believe that this bill is a long-delayed act of justice to a The Clerk read as follows: .patriotic and brave man, although he is clothed in a black skin. HEADQUARTERS UNITED STATES FonCES, The question being taken on the motion of Mr. LANHAM, that the Mu1freesbo1·ough, Tenn., August 18, 1862. committee rise, it was not a~reed to; there being-ayes 33, noes 47. 11-Irs. Howse having applied to these headquarters for the protection of a safe­ guard, having satisfied me of her loyalty to the United States, such protection ORDER OF HUSLlliESS. is hereby given her. All persons in the employ of the United States are warned at their peril not to take or molest the property or things or disturb the quiet Mr. WHEELER. · Mr. Chairman-- of her household. Ur. CANNON. I call for the regular order. W.B. HAZEN, .A. 1t1E:\IBER (to Mr. CANNON). Do not do that. Colonel,-Commanding at Murft·eesbot·ough. Mr. CANNON. Yes, I will do it. We will reach in two or three • The bill was laid aside to be reported to the House with the rec­ minutes the bill that I desire to have considered. ommend~tion that it do p~. JAMES S. CLARKE & CO. C. M. STINSON. The next business on the Private Calendar was the bill (H. R. 3500) Mr. GEAR: I ask unanimous consent for the consideration of ihe for the relief of James S. Clarke & Co. bill (H. R. 3595) for the relief of C. M. Stinson. Mr. STONE, of Kentucky. . I ask unanimous consent that this bill The bill was read, as follows: be passed over informally, retaining its place on the Calendar. Be 1.t enacted, etc., That the sum of $10() be, and is hereby, appropriated, out of The CHAIRMAN. In the absence of objection that order will be any moneys in the United Stat-es Treasury not otherwise appropriated, for the payment to C. M. Stinson, late a sergeant of Company A, One hundred and seven­ made. teenth Regiment of Ohio Volunteer Infantry, in full compensation for expenses ALFRED H. THOMAS. for board, livery hire, railway fare, and other necessary expenses incurred by him while in command of a. party on detail service for the arrest of deserters, The next business on the Private Calendar was the bill (H. H. 1067) ns shown by the records of the War Department. for the relief of Alfred H. Thomas, deceased. · There being no objection, the Committee ofthe Whole proceeded to Mr. LANHAM. I ask that this bill be p:LSsed over informally, re-. the consideration of the bill; which was laid aside to be reported to the taining its place on the Calendar. House with the recommendation that it do pass. Mr. DIBBLE. I object. .Mr. LANHAM:. I now move that the committee rise. Mr. LANH.A.U. I again move that the committee rise. The com­ Mr. STONE, of Kentucky. I would like to ask unanimous consent mittee.has been continuously in session now for four hours. to have one more bill considered before the committee rises. The CHAIRMAN. The gentleman from Texas [M1·. LANHAM] 1\Ir. LANHAM. I withdraw my motion. moves that the committee rise. Mr. CANNON. I hope not. J. H. BUGG AND OTHERS. The motion of Mr. LANHAM wa-s not agreed to. Mr. STONE, of Kentucky. I ask unarnmous consent for the present The CHAIRMAN. The Clerk will report the pending bill. consideration of the bill (H. R.l0401) for the relief of J. H. Bugg and Mr. NELSON. I ask unanimous consent-- others. Mr. CANNON and others. Regular order! The bill was read, as follows: Mr. NELSON. I do not think any objection will be made to my Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, au­ proposition. . thorized and directed tQ pay J. H. Bugg,late captain Company B, Seventeenth Kentucky Cavalry, the pay and emoluments of a captain of cavalry from Oc­ Mr. CANNON. I shall have to call for the regular order. tober 23, 1864, to April 25, 1865, and to J. •.r. Guess the pay nnd emoluments of The CHAIRMAN. The Clerk will read the pending bill. o. first lieutenant of cavalry from October 23, 1864, to April25, 1865, and to Nathan The Clerk read as follows: Fralick the pay and emoluments of a second lieutenant ofcavalry from October Be it enacted, etc., That the Secretary of War be, a.nd is hereby, authorized and • 23, 1801, to April 2.5, 1865, out of any money in the Treasury not otherwise ap­ directed to amend the records in the War Department of the United States to propriated. show the name ol' Alfred H. Thomas duly enlisted and mustered into Company There being no objection the Committee of the Whole proceeded to D,SeventhRegimentTennesseeCa.valry Volunteers, on thelstdayof February, 1 1R64, for three years' serviCb; taken prisoner at Union City, '.ren n., on the 24th the consideration of the bill; which was laid aside to be reported to the day of Ma.rch,1864; and died a. prisoner of war, while in the service of the United House with the recommendation that it do pass. States, at Savannah, Ga., on the 1st day of December, 1864. PILOT AND CREW OF STEAMER PLANTE~. The CHAIRMAN. The question is on laying this bill aside to be Mr. CANNON. I desire consent to call u,p the bill (H. R. 3580) for reported to the House with a favorable recommendation. • the relief of the pilot and crew of the steamer Planter. Mr. DIBBLE. I call for the reading of the report. The bill was read, as follows: The report (by :ur. THO::\IAS, of Wisconsin) was read, as follows: Be it enacted, etc., That the Secretary of the Navy be, nnd he is hereby, au­ The Committee on War Claims, to whom wa.s referred the bill (II. R. 1067) for thorized to appoint a board of competent officers of the Navy whose duty it the relief of Alfred H. Thomas, respectfully report as follows : shall be to.make a reappraisement of the steam transport-boat Planter, taken The facts out of which this claim for relief arises will be found stated in House daring the late rebellion by RQbert Smalls from the harborofCharleston, S.C., Report No. 190 of the Committee on Military Affairs of the Forty-seventh Con­ · and of all the arms, ordnance, ordnance stores, munitions, tackle, and other gress, a copy of which is hereto annexed for information. property on board of said transport-boat at the time Qf her delivery to the Your committee adopt the said 1·eport as their own, and report back the bill Federal authorities by the said Robert Smalls; and when the full value of said and recommend its passage. transport-boat, the arms, munitions, tackle, and other property shall be ascer­ tained, estimating said Yalues by the worth of the property a.t the time of capt­ [House Report No. 190, Forty-seventh Congress, first session.] ure as aforesaid, shall cause an apportionment of such value so ascertained to The Committee on Military .Affairs, to whom was referred a. bill to amend be made between Robert Smalls and his associates on said transport-boat at the the war record of Alfred H. Thomas, deceased, submit the following report: time of her capture and delivery to the Federalauthorities;in the manner here­ It appears that the said Alfred H. Thomas enlisted on or about the 1st day or inafter provided for by this act, deducting only the amount or amounts paid to February, 1864, in Company D, Seventh Regiment Tennessee Cavalry Volun­ the said Smalls and his said associates under the act of Congress approved May teers; that the exigencies of the service called this company into active duty 30,1862. in the field before muster; that on the 2ith day of March, 1864, the said Thomas, SEc. 2. That the apport-ionment referred to in the first section of t.his a~t shall while in the line of duty, was captured with his entire company; that he wa.s be made as follows: One-third full amount of the va!ue of the said transport­ held a prisoner of war from that time to the time of his death. early in Decem­ boat Planter, the arms, ordnance, ordnance stores, tackle, and other property at ber, 1864, at Savannah, Ga. The above facts are conclusively established by the the time of her capture and deliyery to the Federal authorities, shall be awa.raed1 affidavits of two officers and several enlisted men of his regiment, and make a to the said Robert Smalls, and the balance shall be equally divided between his strong caae for the relief asked, and the passage of the bill is therefore recom- said associates or their heirs at law. · mended. · 6942 CONGRESSIONAL RECORD-==-HOUSE. JULY 27,

The CHAIRMAN. If there be no objection, this bill will be laid rott, by whom the Planter, with Smalls and her crew, was sent to Port Royal, to Rear-Admiral DuPont, then in command of the Southern squadron. aside to be reported to the House with a favorable recommendation. " Captain Parrott's official letter to Flag-Officer Du Pont and Admiral Du Mr. DIBBLE obtained the floor. Pont's Jette1· to the Secretary of the Navy ~u-e appended hereto. Mr. LANHAM. Mr. Chairman, it is manifest we are going to do "Captain Smalls was soon afterwards ordered to Edisto, to join the gunboat Crusader, Captain Rhind. He then proceeded in theCt·u ader, piloting her and nothing more in Committee of the Whole this afternoon. We have followed by the Planter, to Simmons's Bluff, on "\Vadmalaw Sound, whe1·e a already passed a number of bills, and I do think the best thing we can sharp baLtle was fought between these boats and a Confederate light battery and do is to rise. I do not believe we can reach the bill which the gentle­ some infantry. The Confederates were driven out of theiJ: works, and the troops ·on the Planter landed and captured all the tents and provisions of the enemy. man from Illinois (1\Ir. CANNON] desires to reach. This occurred some time in .Tune, 1862. · Mr. CANNON. Let me make a suggestion which I think will be "Captain Smalls continued to act as pilot on board the P lanter and the Cru­ satisfactory. Let the report be printed in the RECORD. I understand sader and as blockading pilot between Charleston and Beaufort. He made re­ peated trips up and along the t·ivers near the coast, p ointing out c.nd removing - it is exhausted. Then let -the bill go over till the next private-bill the torpedoes which he himself had a83isted in sinking and putting in position. day. . During these trips he wa.spresentinsevcralfightsatAdams'sRun, on theDawho 1\fr. DIBBLE. I have no objection to that, but there is plenty of River, where the Planter was hotly and severely fired upon; also at Rockville, John's Island, and other places. A!terwa rds he wa.s ordered back to Port Royal, evidence in addition to that report, and I think it would be as well to whence he piloted the fleet up Broad River to Pocotalig·o, where a very severe print. that evidence with the report· of the committee. Let them both battle ensued. Captain Smalls was tbe pilot on the monitor Keokuk, Captain be printed at the same time; and that agreement can be made when the Ryan, in the memorable attack on Fort Sumter, on the afternoon of the 7th of April, 1863. In this attack the Keokuk was struck ninety-six times, nineteen bill is called up. I ask the gentleman from Illinois to have that evi- shots passing through her. She retired from the engagement only to sink on dence Jlrinted. , • the next morning near Light-House Inlet. Captain Smalls lefb her just b ~ foro Mr. CANNON. I only ask to have printed what is of record, and she went down, and was taken with the remainder of the crew on board of the Ironsides. The next day the fleet 1·etm·ned to Bilton Head. that is the report of the committee. "When General Gillmore took command Smalls became pilot in the quarter­ Mr. LANHAM. I will state in the bearing of the gentleman from master's department in the expedition on Morris Island. He was then stationed Illinois that it will be absolutely impossible to reach the bill this after­ as pilot of the Stono, where he 1·emained until the United States troops took posses ion of the south end of 1\Iorris Island, when he was put in charge of noon. It is three below the one we have been considering. There are Light-House Inlet as pilot. Upon one occasion, in December,1863, while the a number of bills to be reported to the House for passage, and they Planter, then under Captain Nickerson, wassailing through Folly Island Creek, ought to be taken up and passed. So far as printing the report is con­ the Confederate batteries at Secession ville opened a yery hot fire upon her. Captain Nickerson becan1e demoralized and left the pilot-house and secured cerned I have no objection to it. Let it go into the RECORD. himself in the coal bunker. Mr. CANNON. If that can be done, I do not object to the comtaittee Smalls was on the deck, and finding that the captain had deserted his post rising. entered the pilot-house. took command of the boat, and carried her safely out of reach of the guns. For this conduct he was promoted by order of General The CHAIRMAN. Is there objection to the printing of the report Gillmore, comn1anding the Department of the So.utb, to the rank of captain, of the committee in the RECORD? and was ordered to act as captain of the Pla.nter, which was used as a. supply­ There was no objection, and it was so ordered. boat along the coast until the end of the war. In September, 1866, he carried ills boat to Baltimore, where she was put out of commission and sold. The report (by Mr. BROWER) from the Committee on War Claims Besides the daring enterprise of Captain Smalls in bringing out the Planter, is as follows: his gallant conduct in rescuing her a second time, for which be was made cAop­ tain of her, and his invaluable services to the Army and Navy as a pilot in The Committee on War Claims, to whom was 1·eferred the bill (H. R. 3.580) for wat-ers where he perfectly knew not only every bank and bar, but also where the relief of the pilot and crew of the steamer Planter, report as follows: every torpedo was situated, there are still other elements to be considered in The facts out of which this claim for relief arises will be found stated in House estimating the value of Captain Smalls's services to the cotmtry. The Planter, Repot·t No. 3595, of the Committee on War Claims of the Forty-ninth Congress, on the 13th of 1\Iay, 1862, was a most useful and important vessel to the enemy. a copy of which is hereto appended and made a part of this report. The loss of her was a se>ere blow to the enemy's service in cat·rying supplies Your committee adopt the said report as their own, and report back the bill and troops to different points of t-he harbor and rh,erfortifications. A lithe Yery and recommend its passage. time of the seizure she had on board the armament for Fort Ripley. '.rhe Planter was taken by the Government at a >al uation of $9,000, one-half of which [House Report No. 3595, Forty-ninth Congress, second session.) was paid to the captain and crew, the captain receiving one-third of one-bali, or $1,500. The facts on wbich this claim is based we1·e investigated by the Committ~e on Upon what principle tho Government claimed one-haJf of this capture cnn not Na.Yal Affairs of the Forty-seventh Congress, and were as follows, as embodied be divined, nor yet how this disposition could have been made of her without in the report of that committee (No. 1887, second session of Forty-seventh Con­ any judicial proceeding. That $9,COO was an absurdly low valuation for the gress): Planter is abundantly shown by facts stated in tho affidavits of Charles H. · ''This claim is rested upoh the very Yalua.ble services rendered by Robert Campbell and E.l\1. Baldwin, which are appended. In addition thereto their Smalls to the country during the late war. The record of these has been very sworn average valuation of the Plantet· was $67,500. The report of 1\Iontgomei'Y carefully investigated, and portions of it are appended, as exhibits to this re­ Sicard, commander and inspector of ordnance, to Commodore Patterson, navy­ port. They show a degree of courage, well directed by intelligence and patri­ yard commandant, shows that the cargo of the Planter, ns raw material, was otism, of which the nation may well be proud, but which for twenty years has worth $3,043.05; that at the ante-bellum prices it was worth $7,163.3ii, and at war been wholly unrecognized by it. The following is a succinct statement and prices Sl0,290.60. For this cargo the Government has never paid one dollar. It outline of them: is a. severe comment on the justice as well as the boasted generosity of the Gov­ "On May 13,1862, the Confeder::~.te steam-boat Planter, the special dispatch­ ernment that, 'vhilst it had received $60,000 to $701000 worth of property at the boat of General Ripley, the Confederate post commander at Charleston, S. C., hands of Captain Smalls, it has paid him the trifhng amount of $1,500, and for was taken by Robert Smalls under the following circumstances from the wharf twenty years his gallant daring and distinguished and valuable services which at which she was lying, carried safely out of Charleston Harbor,and delivered he has re?dered to the country have been wholly unrecognized. to one of the vessels of the Federal fleet then blockading that port. "On the day previous, ~fay 12, the Planter, which had for two weeks been en­ gaged in removing guns from Cole's Island to James Island, returned to Charles­ Report of Flag-(lfficer Dt~ Pant. ton. That night all the officers went ashore and sl!'lpt in the city, leaving on FLAG·SIIIP WAX:ASH, board a crew of eight men, all colored. Among them was Robert Smalls, who Port Royal Harbo1·, Sottth Ca1·olina, May 14, 186~. was virtually the pilot of the boat, although he was only called a wheelman, SIR: I inclose a copy of n. report from Commander E. G. Parrott, brought here because at that time no colored man could ha>e, in fact, been made a pilot. last night by the late rebel steam-tug Planter, in charge of an officer and crew "For some time previous be had been watching for an oppOl'tunityto carry from the Augusta. She was the armed dispatch and transportation steawer into execution a plan he bad conceived to take the Planter to the Federal fleet·. attached to the engineer department at Charleston, under Bri~adier-General This he saw was about as good a chance as he would ever bave to do so, and Ripley, whose barge, a short time since, was brought out to the blockading fleet therefore he determined not to lose it. Consulting with the balance of the by several contrabands. . • crew, Smalls found that'they were willing to co-operate with him, although The bringing out of this steamer, under all the circumstances, would hn.Ye two of them afterwards concluded to remain behind. The design was hazard­ done credit to any one. At 4 o clock in the morning, in the absence of the cnp· ous in the extreme. The boat would have to pass beneath the guns of the forts tain, who was on shore, she left her wharf close to the government office and in the harbor. Failure and detection would have been certain death. Fearful headquarters, with Palmetto and Confederate flags fly in~. passed the successive was the venture, but it was made. The daring resolutwn had been formed, forts, saluting as usual by blowing her steam-whistle. After getting beyond the and under command of Robert Smalls wood was taken aboard, steam was put range of the last gun she quickly hauled down the rebel tlag and hoisted a on, and with her valuable cargo of guns and ammunition, intended for Fort white one. Ripley, a new fortification just constructed in the harbor, about 2 o'clock in the The Onward was the inside ship of the blockading fleet in tho main channel, morning the Planter silently moved off from her dock, steamed up to North and was preparing to fire when her commander made out the white tlag. The Atlantic Wharf, where Smalls's wife and two children, together with four other armament of the steamer is~ 32-pounder, or pivot, and a. fine 21-pounde t· h ow­ women and one other child, and also three men, were waiting to embark. itzer. She has, besides, on ber deck four other guns, one 7-inch rifled, which "All these were taken on board, and then, at 3.25 a.m., May 13, the Planter were to ha.ve been taken the morning of the escape to tlle n ew fort on the mid­ started on her perilous adventure, carrying nine men, five women, and three dle ground. One of the four belonged to Fort Sumter and had been struck, in children. Passing Fort Johnson, the Planter's steam-whistle blew the usual the rebel attack on the fort, on the muzzle. Robert, the intelligent slave and salute and she proceeded down the bay. Approaching Fort Sumter, Smalls pilot of the boat who performed this bold feat so skillnUy, informed me of this stood in the pilot-house leaning out of the window, with his arms folded across fact, presuming tha.t it would be a matter of interest to u to have posse sion of his breast, after the manner of Captain Relay, the commander of the boat, and this gun. This man, Robert Smruls, is superior to any who haYe come to our his head covered with the huge straw hat which Captain Relay commonly wore lines, intelligent as many of them have been. His information has been most on such occasions. interesting and portions of it of the utmost importance. ''The signal required to be given by all steamers passing out was blown as The steamer is quite an acquisition to the squadron by her good machinery coolly as if General Ripley was on board, going out on a tour of inspection. and ve1-y light draught. The officer in charge brought her through St. Helena Sumter answered by signal, 'All right,' and the Planter beaded toward Morris Sound and by the inland pasl!age down Beaufort River, arriving here at 10 Island, then occupied by Hatch's Light Artillery, and passed beyond the range o'clock last night. of Sumter's guns before anybody suspected anything was wrong. When at On board the steamer when she left Charleston were eight men, ih·c women, last the Planter was obviously going toward the Federalfl.eet off the bar, Sumter and three children. signaled toward Morris Island to stop her. But it was too late. As the Planter I shall continue to employ Robert as a pilot on board the Planter for the inland approached the Federal fleet a whit.e flag was displayed, but this was not at waters, with which he appears to be very familiar. I do not know whether, in first discovered, and the Federal steamers, supposing the Confederate 1·ams the views of the Government, the Yessel will be considered· a prize; Lut·, if so, were coming to attack them, stood out to deep water. I respectfully submit to the Department the claims of this man Robert and llis "But the ship Onward, Captain Nichols, which was not a steamer, remained, associates. opened her ports and was about to fire into the Planter, when she noticed the Very respectfully, your obedient servant, fiag of truce. As soon as the vessels came within bailing distance of each other S. F. DU PO~T. the Planter's errand was explained. Captain Nichols then boarded her, and Flaa O.fjlce1·, Commanding, etc. Smalls delivered the Planter to him. From the Planter Smalls was transferred Hon. GIDEON WELLES, to the Augusta, the flag-ship off the bar, under the command of Captain Par- flecretary of the Navy, Washington, D. C. 1888. CONGRESSIONAL ~OORD~HOUSE. 6943

UNITED STATES STEAM-SHIP AUGUSTA, Please find inclosed a copy of the letter of Rear-.Admiral DuPont to General Off Cha1·leston, May 13, 1862. Branman in regard to the matter. I azn, general, very r:!spectfuTiy, your most obedient servant, Sm : I have the honor to inform you that the rebel armed steamer Planter :f. :f. ELWELL, wru~ brought out to us this morning from Charleston by eight contrabands, and Captain and Assistant Quartermaster. delivered up to the squadron. Five colored women and three children are also :f. G. CHANDLER, on board. She carried one 32-pounder and one 24-pounder howit.zer, and has DeputiJ Quartermaster-General, U. B. A. also on board four large guns, which she was engaged in transporting. I send her to Port Royal at once, in order to take advantage of the present Personally appe!l.red before me Charles H. Campbell, of the city, county, and good weathru:. I send Charleston papers of the 12th, and the very intelligent State of New York, who, being by me duly sworn accordi11gto law, deposes and contraband who w:ls in charge will give you the information which he has says as follows: brought off. • · '.rhat during the year 18G2, and from that time up to and including the year I h ave the honor to request that you will send back, as soon as convenient, 1866, he was doing service in the Depa1tment of the.Sonth, headquarters at Hil­ the officer and crew sent ou board. ton Head, S. C.; that he knows Hon. Robert Smalls, of Beaufort, S. C.; that I am, respect.fully, etc., your obedient servant, he w as present when the steamer Planter, of the city of Charleston, came into Hilton Head on or about the 13th of May, 1862'; that he went on board the E. G. PARROTT, Planter and made a personal examination of her condition, and found she was COJnmandeJ·, and Senio1· Officer present. builtoflive-oakandredcedar, and a first-class coastwise steamer, well furnished Flag-OfficerS. F. DuPONT, and complete in every respect; that he was, and is, well acquainted with the Commanding South Atlantic Blockading Squadron. value of steamers, and has been engaged in the business of steam-boating, both as captain and owner, for the last fifteen years; that the steamer Planter was tully worth, at the time she came into Hilton Head, the sum of ~.000 in cash wAR DEPA.RTMEST, QUARTERMASTER-GENERAL'S 01i'FICE, for the boat alone; that the United Stal-es Government was p aying at that time Washington, D. C., Janua1"y 3, 1883. for steamers of h er class 8400 per day under a charter-party agreement with the chief quartermaster at that place, the Government finding both wood and coal; Sm.: Your communication of the 26th ultimo, in relation to your services on that he chartered to the United States Government at or about that time t he the steamer Planter during the rebellion, aud requesting copies of a~y letters steamer George Washington for $350 per day,which was only about half the from General Gillmore and other officers on the subject, has been received. size of the Planter and not more than half her -value ; that he executed seven The records of this office show that the name of Robert Smalls is rer>OI·ted by charters for steamers with the Government, and also had a valuation set on them Lieut. Col. :f. :f. Elwell, Hilton Head, S. C., as a pilot, at $50 per month, from in case of loss; and the above statement is made in accordance with the prices 1\Iarch 1..1 _1863, to September 30, 1863; and from October 1, 1863, to November 20, paid by the Government at Hilton Head and el!;ewhere during the time the 1863, at ~,5 per month. Plan ter was in the service; that at the close of the war, ana while the Planter He was then t.ransferred to Capt. J . L. Kelly, assistant quartermru~ter, Novem­ was laying up in Charleston and in a very bad condition from the nature of her ber 20,1863, by whom h~ was reported us pilot from November 21 to Kovember past services, I was commissioned by her former owner, Captain Fergqson, to 30, 1863. He is 1·eported by that officer in same capacity from December 1, 1863, purchase the Pla nter from the Government for the sum of $25,000, whicllaum I until February 29, 1864, at $150 per month. did offer, an 1· the same was refused on the part of the Government of the V nited The name of Robert Smalls is then reported by Uaptain Kelly as captain of States; that the steamer Planter was an extra strong-built boat; her frame was the steamer Planter, at $150 per month, from March 1, 1864, until :May 15, 1864, live-oak and red cedar, and built as strong as p ossible; she was built expressly when transferred to the quartermaster in Philadelphia. for the coast"'ise trade, and she. is running out of the city of Charleston to-day He is reported by Capts. C. D. Schmidt, G. R. Orme, W. W. Van Ness, and and is considered by steam-boat men one of the strongest and best built steam· John R. Jennings, assistant quartermasters at Philadelphia, ru~ captain of the boats in the South. Planter, at $150 per mouth from June 2ll, 1864, to December 16, 1864, when trans­ CHAS. H. CAMPBELL. ferred to Capt. J. L. Kelly. assistant quartermaster, Hilton;Head, S. C., by whom Subscribed and sworn to before me tho 23d day of March, 1876. he is reported to January 31,1865. · [o :rFICIAL SEAL.] JAS. A. TAIT, Notary PUblic. From February 1, 1865, he is reported as a" contractor, victualing and man- ning the steamer Planter." _ I respectfully inclose herewith a copy of a letter, dated September 10, 1862, Personally appeared before me, a notary public, E . :u. Baldwjn, of the city of W11shington, D. C., who \\as by me duly sworn according to law, depcses and from Capt. :f. :f. Elwell, chie~ quartermaster, Depil.rtment of the South, in re­ lation to the capture of the steamet Planter, which is the only one"found on file says: · - in this office on the subject. That dudng the year A. D.1862 a,nd afterwards was d_oing service for the Ka.vy Dep:~rtment a t Hilton Ilead, S. C.,m the South Atlanttc blockading squadron; Very respectfully, your obedient servant, that he was ca ptain of the steam-tug 1\Iercury, and was one of the first persons ALEX. :f. PERRY, that boarded the Planter at Hilton Head on the 13th day of l\1ay, A. D. 1862. Deputy Qu.artc1-master- Gene-~·al, U. B. A., That he bru~ been for years, and is now, engaged in the steam-boat business Acting Quarte-rmaster-General. as an officer and owner, and :s familiar with the :prices paid for charters by the Hon. RoBERT S:u:ALLs, quartermaster a t Hilton Head, and the vn1ue of ste.'UJl-boats genemlly at that .llfember of Conuress,' Wa-shinglolt, D. C. lime and since; that he examined the Planter when she came into said harbor at llitton Head, and found her a first-class steam-boat, built of live-oak and red cedar, and her outfit and finding-s complete in every particular; thn.t she could have been rea dily sold at the time she arrived at Hilton Head for Si5,000 in cash OFFICE OF THE CHIEF QUARTERMASTER, - for t he steam-boat alone, or could hn.Ye been chartered to the Government for Hilton Head, S. C., September 10, 186::1. $400 per day, which at-that rate would have paid t-he purchase money at the · Gru

E >Xhibit of the estimated val11es of certain ordnance and ordnance stm·es on boa1·d the rebel sl.c.'!mel' Plante1·, which came oul of Charlestrm, B. C., to the United States blocJ;­ ading fleet on the 15th day of May, 1862:

I Estimatedunderthe.sn~position tha.t Estim11tetl supposing thnt ull the ar­ Articles of ordnance and ordnance stores on I the guns a:nd p~ojectlles of v:1lue ticles are valued at prices paid be­ Estimated s-upposing that all the ar­ board the Planter. to the. Umted States o!llY as ~1d fore the war, except the B1·o~ks ticles are valued by the United materml, the powdet· bemg consid- rifle nnd its projectiles, which are States o.t wa.r prices. l ered as useful for saluting. given a t war prices. ------I long 32-pounder of7,200 pounds ...... i At i cent per pound ...... $54. 00 At 5.6 cents per pound ...... $403.20 i At 10 cents per pound ...... $721).00 1short 3'.?-pounder of 3,300 pounds...... ~ .At t cent per pound ...... 24.75 At 5.6 cents !ler pound ...... 220. 00 At 9 cents per pound ...... 2!)7.00 1 short 24-pounder of 1,476 pounds...... At t cent per pound ...... 11. 00 At 5.5 cents per pound ...... 82.lG At 9 cents per pound ...... 132.84 2 8-inch colurobiads of 9,240 pounds...... At t cent per pound ...... 138. 60 At 5.6 cents per pounrl ...... 1, C27. 4 1 At 11 cents per pound ...... 2, 032.80 1 7-inch rifle of 10,500 pounds...... At t cent per pound ...... 78.75 At 12 cents per po und ...... 1, 260.00 At 12 cents per pound ..... _, 1, 2GO.OO 200 32-pounder shot...... At U cents per pound ...... 113.00 At 66 cents each ...... 132.00 At ~ 1 each ...... 200. 00 150 8-inch 32-ponnder shot...... At U cents per pound ...... 170.62 At 83 cents each ...... 124.50 At SI.25each ...... 1 7. 50 200 32-pounder shell, loaded and fused...... At H cents per pound ...... 78.75 At $L.80 each ...... _ ...... 350. 00 A t S2.50 each ...... 502.00 100 2-1.-pounder shell, loaded and fused...... At It eents per pound...... 29.26 At S1.40 t>..a.ch ...... 140.00 At $2 tach ...... ~00.00 200 7-inch rifle shell, loaded and fused...... At U cents per pound...... 315. 00 At 6S each ...... 1,200.00 A t~6each ...... 1, '200.00 150 8-inch rifle shell, loaded and fused...... At H cents per pound ...... 131.00 .At ~2.33 each ...... 3!9. 50 At ll3.3!J each...... 5C8.00 400 3~-pounder charges, 8 pounds each, 3,200 At 22 cents per pound ...... 704.00 .At 18 cents per pound ...... 576. 00 At 30 cents per pound ...... ~60.00 pounds. . 100 24-pounder charges, 2 pounds each, 200 .At 22 cents per pound...... 44. 00 At 18 cents per pound ...... 36.00 At 3:) cents per pound ...... GO .OO pounds. 200 7-inch rifle charges, 10 pounds each, 2,000 .At 22 cents per pound ...... 4.40.00 .At 18 cents per pound ...... 360.00 At 30 cents per pound ...... GOO. 00 pounds. 300 8-inchcolumbiad charges, 10poundseach, At 22 cents per pound ...... 660.CO At 18 cents per pound ...... 510.00 At 30 cents per pound ...... !JCO.OO 3,000 pounds. 1 32-pounde.r carriage, army patter n...... At 22 cents per pound ...... 500. 00 1 24-pounder cal'l'iage, army pattern ...... At 22 cents per pound ...... tg:gg --~~-~~--~~~~.. ~~ -~:.~~~~~. :: :::: : : ~:gg \ ::::::::: : ::::::::::::::::: : :::~::::: : :::::: : 30.00 I Total ...... 3,043.05 ...... 7,163. 3.3 10,290. €0 !· ··-...... 1 I . . 1

The commi~tee now recommend that the bill be amended· by substituting on board of said transport-boat at th e time of her d elivery to the Fede ral au­ therefor the following, and that, as so amended, the bill do pass: thorities by the said Robert Smalls; and wlre n the full val ue of said transport­ "Be it enacted\ etc., That the Secretary of the Navy be, and be is hereby, au­ boat., the arms, munitions, tackle, and other proparty shall be a scertained, esti­ t h orized to appoint a board of competent officers of the Navy whose duty it shall mating said values by the worth of the p-roperty at the time of ca]>tl:re as afore­ •be to make a reappraisement of the steam transpor t--boat P lanter, taken dur ing said, shall cause an apportionment of euch value = ascertained to ba made t he lute rebellion by R obert Smalls fi·om. the harbor of Charleston, S. C., and of between Robert Smalls and his associates on Htid tr·nnsTlort-bont at tbe tim e of all the a rms, ord nance, ordnance stores, munition, tackle , an d o ther p roperty h er capture and delivery to the Federal author ities, iu the manner hereinafter 6944 CONGRESSIONAL RECORD-HOUSE. JULY 27,

provided for by this act,deductin~ only the amount or amounts paid to the said titioners under a misconstruction of the order of the commanding general as Smalls and his said associates under the act of Congress approved May 30, 1862. certified to by. h is own aetion and the evidence of an officer of his staff. SEc. 2. That the apportionment refe.rred to in the first section of this act sh!\11 This committee have maintained, and st.ill adhere to the doctrine, that nona· be made as follows: One-third of the full amount of the value of the said trans­ tion is liable for the willful torts of its soldiery. port-boat Planter, the arms, ordnance, ordnance stores, tackle, and otlier prop­ But was this assessment a tort within the meaning of such well-established erty, at the time of her capture and delivery to the Federal authorities, shall be doctrine? It is submitted that this wrong is clearly without the rule, because awarded to the said Robert Smalls, and the balance shall be equally divided be­ th is assessment was collected by an officer of high rank, commanding a mili­ tween his ssid associates or their heirs at law. tary district, in the execution of an office givi.ng him colorable authority, to SEc. 3. That the Secretary of the Treasury is hereby authorized and directed say the least, to do the act he did; and that net was ratified by the general com­ to pay to Robert Smalls and his associates, or their heirs at law as aforesaid, manding, impliedly at least, by not ordering restitution where the excessive out of any money in the Treasury not othenvise appropriated, the sum which assessment came to his knowledge. may be by the said board of officers hereby authorized apportioned to each of But if the reasoning on this point may be deemed questionable, there is upon them under the provision of this net. the facts another and complete answer to the application of this principle. The proof shows to an absolute certainty that of the money so collected $23,325.16 Mr. ENLOE. The report in the case of Hiram Johnson and others, was applied by the United States to its use, knowing the source from whence it which is exhausted, ought also to be printed in the RECORD, and I make was derived, and the remainder of the sum, $4,026, by all reasonable presump­ that reqnest. · tion, was likewise applied to the use of the Government. And the committee is so constrained to hold, ns a contrary conclusion would comJ?el us to impeach There was no o"Qjection, and it was so ordered. t.he integrity of a. gallant officer, who fell before Vicksburg without a. stain upon The report (by Mr. PENINGTON), from the Committee on War Claims, his citizen or s :> ldier life. is as follows: The la.w of the case, then, may be stnted to be, that if the officers, agents of the Government, committed a tort originally, it was approved by the principal, The Committee on War Claims, to whom was referred the bill (H. R. 1028) the Government, when it knowingly accepted the benefits of the tortious acts. for the relief of Hiram Johnson and others, respectfully report as follows: And no proceedings by way of confiscation or condemnation have ever been The facts out of which this claim for relief arises will be found stated in had to divest the persons so assessed of their right in the surplus fund. House Report of the Committee on War Claims, No.l345, second session, Forty­ Hence your committee are constrained to hold that the claims of the petition­ sixth Congress, and are in substance as follows: t'rs to the amount collected of them ($22,271.26) in excess of the requirements of [House Report No. 1345, Forty-ninth Congress, second session.] General Grant is valid, and that the Government ought in right to refund the same; and report herewith a bill redistributing the same to the persons who The Committee on War Claims, to whom was referred the petition of Hiram paid the same ratably, in proportion to the sums originally paid by each of Johnson and others for relief, submit the following report: them respectively, and recommend its passag-e. The facts out of which this claim for relief arises will be found stated in Your committee adopt the said report as their own, and report back tl1e bill House report of the Committee on Military Affairs, No. 184, second session, and recommend its passage with amendments to make the bill conform to tho Forty-fourth Congress, and in reports from the Secretary of War, with corre­ report. spondence attached, on file with the papers in the case, and are in substance as follows: ~Ir. LA.NHAM moved that the committee rise. On the 25th day ofNol"ember, 1862, a pa.rtyofrebels made a raid upon a small force of Union troops stationed at Henderson, in the State of Tennessee, on the The motion was agreed to. . Mobile and Ohio Railroad. The raiding party capti.U"ed·the Union troops, with The committee accordingly rose; and Mr. McCn.E.A.RY having taken their arms and camp equipage, blll"ned a quantity of cotton belonging to the the chair as Speaker pro t.empore, Mr. DocKERY reported that the Com­ United States and to private individuals, and also destroyed the depot buildings and water-tank belonging to the railway corporation. - mittee of the Whole House had-had the Private Calendar under consid­ Thereupon, on the 2d day of December following, the commandant of the eration, and had directed him to report back sundry bills with various Union forces at the post of Bethel, Tenn. (Col. J. N. Haynie, Fortieth Regiment recommendations. illinois Volunteers), appointed a board of officers to investigate the losses sus­ tained and appraise the damages suffered from the raid, with a view to an as­ ORDER OF BUSINESS. sessment, by way of reprisal, upon rebel-sympathizers in and about Henderson. The board so appointed assessed the value of the property captured and de­ Mr. LANHAM. I desire to submit a request in behalf of gentle­ ntroyed as follows : men of the House. I have not the slightest interest in it on my own Cotton burned belonging to the United States...... $1,900. 00 account. I have not a single bill on the Calendar, but there are other Arms and camp equipage belonging to the United States...... 3, 180.00 ----- gentlemen who have. I ask that :Monday next there be an evening ses· Total belonging to the United States ...... :...... 5, 080. 00 sion, the House to take a recess from 5 o'clock p. m. to 8 o'clock p. m., Cotton belongin~ to private persons...... 18, 171. 36 the evening session to be devoted to the consideration of bills reported Rail way property ...... 3, 500. 00 from the Committee on Claims to which no objection shall be made. Grand total...... 26,751. 36 Mr. STONE, of Kentucky. The Committee on Claims has had an evening session, at which some bills we1·e passed. Something was ac­ Upon this report being made, Colonel Haynie ordered an assessment of this amount to be levied upon the rebel sympathizers in and about Henderson, which complished; but at the evening session for the Committee on War act.ion was approved at the headquarters of the district of Jackson, in the De­ Claims but little was done. Therefore with the request let there be partment of Tennessee, Brigadier-General Sullivan commanding, on the 12th coupled reports also from the Committee on War Claims. · day of December, 1862; and an order bearing date on that day was issued from said last-named headquarters directing the collection of the tax. _ The SPEAKER pro tempore. It has been frequently decided that Colonel Haynie proceeded in the execution of the order, and collected of the you can not unite such motions, but the Chair will put the request to said assessment the sum $23,325.16, leaving a deficit of $3,426.20 not collected, by the Honse. reason of the absence of the persons against whom the same was assessed. And l'!Ir. 10 thereafter, but nt what precise date does no~ appear. Col. W. W. Sanford, Forty­ ROGERS. Let the session be limited to o'clock. eighth Dlinois Volunteer Infantry, commanding post at Bethel, made an addi­ l'lfr. LANHAM. Say 11. tional and supplemental assessment for $1,326.20, to make up such deficit; and :Mr. TOWNSHEND. Let it be included aU;o that at that session it of this amount there was collected Si,026.20, making the total amount collected to repair losses and dtt.mages sustained by said raid $27,351.36; all of which sum shall be in order to call up bills from the Committee on Military Af­ was paid by the persons now asking relief by this petition. fairs for the construction of roads to national cemeteries and for the The right of the military commandant, in time of war, to order and enforce right of way through military reservations. assessments upon hostile communities by way of reprisal, and to prevent the gh·ing information and encouragement to enemies outside his lines by enemy Mr. MORGAN. Limit the bills to $5,000. sympathizers within his lines, is well settled and affirmed by all writers upon The SPEAKER pro tempore. The request of the gentlcma.n from the laws of war, and is a most salutary check upon predatory incursions, by Texas can not be amended. Is there objection to the request for an making the fri~nds of those who commit the damage bear the brunt of the in­ jury suffered. evening session on behalf of the Committee on Claims on Monday At the time of the appraisal of the damages and of the levying and collecting next? · · · t.hese assessments it was supp<)sed to be unde.r and in execution of an order of :M:r. BURROWS. I have conferred with gentlemen on this side of General Grant, then commanding the troops in that department. But it appears from the papers filed that General Grant disavowed the construction put upon the House, and there will be. no objection if the gentleman will modify h is general orders by the local officers, and declared the pi.U"pose and intent of his motion so as to include reports from the Committee on Invalid Pen­ his general order to be that reprisal should be made by way of levy and assess­ sions. ment in case of raids within our lines like the one at Henderson only to repay such losses as the Government might sustain in its property thereby, and he M:r. LANHAM. I can not yield t<> that. refused to reco,.nize the right of private claimants to reimbursement by such ?t!r. BURROWS. Then I must object. levy and assessment; and on the 23d day of January, 1863, ordered the proceeds The SPEA.KER pro tempore. Is there objection? of such a55essment and collection to be ti.U"ned over to the Provost-Marshal­ General. Mr. BURROWS. Yes; I object. ·And it appears by the papers filed that his action in denying the right of pri­ vate claimants to reimbursement for losses sustained by the raid out of this JOHN DE BREE, EXECUTOR. fund was approved by the Secretary of War, on the report made thereon by Generall\1. C. Meigs. which report maintai.ns the law to be that the power ex­ The bill (H. R. 7800) for the relief of John De Bree, executor of 1\lar· isted to levy and collect an assessment to pay private losses in the discretion of garet T. Higgins, reported from the Committee of the Whole without the general commanding; but as against such general's construction of his amendment, was considered and ordered to be engrossed and read a own order and purpose no right whatever could accrue ton private claimant for reimbursement. third time; and being engrossed, it was accordingly read the third time, The logical sequence from these facts, and this declaration and construction and pa.ssed. by General Grant of his orders, seems to be that the subordinates, in the exe­ :M:r. BOWDEN moved to reconsider the vote by which the bill was cution of the orders of the commanding general, should have made an assess­ passed; and also moved that the motion reconsider be laid on tho ment only for the losses sustained by the Government, namely: to table. For cotton burned belonging to the United States...... $1,900 Arms and camp equipage belon.ging to the United States...... 3,180 The latter motion wns aereed to. The bill H. R. 10798 of the same title was ordered to be laid on tho 5,080 table. Had the Government rebuilt or repaired the injury to the railway properLy, WILLIAM D. WIJ..SON. as an essential for their use of it, that also should be included as a proper item for assessment; but the evidence shows that the railway company repaired their The bill (H. R. 828) for the relief of William D. Wilson, reported injm·ies at thetr own expense. Deducting this amount, for which the assessment was authorized, from the from the Committee of the Whole with amendments, was considered, total amount collected, there remains a. balance of $22,271.26 taken from the pe- the amendments adopted, and the bill a8 amended ordered to be en- 1888. CONG:&~SSIONAL · ~CORD-HOUSE. 6945

grossed and read a third time; and being engrossed, it was accord­ least in excess of any previous Eession, and there has been added an index (pre­ pared by Mr. Craig) which has been of great benefit to the members as well as ingly read the third time, and passed. the public at large. The compilation of this index alone is well worth the sum The title of the bill was amended to conform. asked, and the committee would recommend the passage of the resolution if the same were a legal charge upon the contingent fund; but as it is not, your MARTHA L. RUSSELL AND OTHERS. committee therefore report the following substitute and recommend its adop- . The bill (H. R. 565) for the relief of Martha L. Russell, Mary A. tion: . Resolved, That there be paid to Samuel D. Craig the sum of $600 for extr a. serv­ House, and Lulu H. Honse, reported from the Committee of the Whole ices in connection with the preparation of the Calendars and indexing the same with amendments, was considered, the amf(ndments adopted, and the for the first session of the Fiftieth Congress, and that the Committee on Appro­ bill as amended ordered to be engrossed and read a third time; and priations be directed to provide for the pa yment of said sum in the bill (H. R. 10896) ma.king appropriations to supply deficiencies in the appropriations for being engrossed, it was accordingly read the third time, and passed. tho fisca l year ending June 30, 1883, and prior years, and for other purposes. Mr. CHEADLE. I move to amend the title by striking out the name The SPEAKER pro tempore. The question is on agreeing to the t' Martha L. Russell.'' substitute proposed by the Committee on Accounts. The amendment was adopted. .The substitute was adopted. BILLS PASSED. The resolution as amended was agreed to. The following House bills, reported from the Committee of the Whole MESSAGE FROM THE SENATE. without amendments, were considered, ordered to be engrossed and read a third time; and being engrossed, they were accordingly read the .A. messag~ from the Senate, by Mr. McCooK, its Secretary, announced third time, and passed, namely: that the Senate had agreed to amendments of the House of Represent­ A bill (H. R. 5516) for the relief of John H. Weeks; atives t.o Senate bills of the following titles: A bill (H. R. 10481) for the relief of Rev. William Gregston; and A bill (S. 196) to cancel certain reservations of lands on account of A bill (H.· R. 341) for the relief of John Farley. live-oak in the Southwestern land district of the State of Louisiana; 1 A bill (S. 928) in relation to marriage between white men and In­ LUCINDA M GUIRE. dian women; and The bill (S. 102) for the relief of Lucinda McGuire, reported from A bill (S. 1782) to authorize the leasing of the school and university the Committee of the Whole with favorable recommendation, was con­ lands in·the Territory ofWyoming, and for other purposes. sidered, ordered to a third reading, read the third time, and passed. The message also announced that the Senate had passed without The bill H. R. 5871, for the relief of Lucinda McGuire, was ordered amendmentthe bill (H. R. 10758) "to amend the charter oftheCapit.ol, to be laid on the table. North 0 Street and South Washington Railway Company." C. 1\1. STINSON. The message further announced that the Senate had passed a bill (S. The bill (H. R. 3595) for the relief of C. M. Stinson, reported from 313'2) "to provide for trial by jury in the police court of the District the Committee of the Whole with favorable recommendation, was con­ of Columbia, and for other purposes;" in which concurrence of the House sidered, ordered to be engrossed and read a third time; and being en­ was requested. grossed, it was accordingly read the tliird time, and passed; there being BRAZOS RIVER. on a division-ayes 69, noes 0. Mr. CRAIN. I ask that by unanimous consent the Committee of the J. H. BUGG AND OTHERS. Whole House on the state of the p-nion be discharged from further con­ The bill (H. R. 10401) for the relief of J. H. Bugg and others, re­ sideration of the bill which I ~end to the Clerk's desk, and that the ported from the Committee of the Whole with favorable recommenda­ same be considered in the House. tion! was considered, ordered to beengrossed and read a third time; and The bill was read, as follows: being engrossed, it was accordingly read the third time, and passed. A. bill (H. R.10165) for improving the mouth of the Brazos River, Texas. Mr. LANHAM moved to reconsider the several votes taken; and also Be i t enacted, etc.\. That the Brazos River Channel and Dock Company. a cor­ poration organizea under and by virtue of the laws of the State of Texas, be, moved that the motion to reconsider be laid on the table. and are hereby authorized, on the conditions hereinafter mentioned, to con­ The latter motion was agreed to. struct., own, and operate such permanent and sufficient jetties and such auxiliary works as are necessary to create and permanently maintain, as hereinafter set APPOINTMENT OF CONFEREES. forth , a navigable channel at the mouth of the Brazos River, Texa-s, between The SPEAKER pro tempore announced the appointment of conferees said river and the Gulf of Mexico, and so far into the mainland and between the banks of the said Brazos River as may be necessary to reach a place that will as follows, namely: afford security from storms, swells, cyclones, and tidal waves, for the purposes On the bill (S. 2252) to incorporate the Georgetown Barge, Dock, Ele­ of furnishing the vessels and boats adapted to the purposes facilitie for naviga­ vator, and Railway Company, Mr. CoMPTON. Mr. HEARD, and Mr. tion in and along the entire length of said channel, charging and collecting such toll therefor as may be prescribed by the regulations that may be made by ROWELLj and the Secretary of the Treasury of the United States in conformity with the laws On the bill (S. 2742) to incorporate the Brightwood Railway Com­ of the United States; and for that purpose they_may construct, in the river, and pany of the District of Columbia, Mr. HE.AB.D, Mr. COMPTON, and Mr. likewise in the Gulf of Mexico, such walls, jetties, dikes, levees, and other struct­ BREWER. . ures, and employ such boats, rafts, and appliances as fuey may, in the prose­ c ~ t ! on of said work, deem necessary : Provided, That no such structures or ORDER OF BUSINESS. means employed shall hinder, delay, or materially interfere with the free navi­ gation in said river or between said river and the Gulf of Mexico; and, to pro­ • Mr. CRAIN. I ask unanimous consent to discharge the Committ-ee tect their said works, they may build and maintain such levees or embankments of the Whole Honse on the state of the Union from the further consid­ a!:! may be necesss.ry to secure their permanency along the banks of said Brazos eration of the bill which I send to the desk. River ; a nd said,Bt·a zos Ri '"er Cha.nne 1 a nd Dock Com pa.ny shall hold the United Sta tes h o.rmless from a ny damages that may accrue to any person or persons by Mr. O'NEILL, of Pennsylvania. I desire to submit a privileged re- over flow or otherwise caused by the construct ion of said w alls, jetties, dikes, le­ port. vees. and other works constructed by said company: Provided f urther, That un­ Mr. BOWDEN. I rise to a parliamentary inquiry. less the construction of the proposed work shall be substantially commenced in one year from date of the approval of this act_. and prosecuted with due dili­ The SPEAKER pro tempore. The gentleman will state it. gence, the provisions contained herein in relation to the said improvement Mr. BOWDEN. At the present session, on the 14th of this month, shall be null :and void; and unless the said Brazos River Channel and Dock the bill for the relief of James Caler was laid aside with a favorable Com pany sh all secure n. navigable depth of 12 feet of water from a r o :nt in the ri'"er so fa r as u~ ay be necessary to reach a place tha t will afford security from report, and upon the report of the committee being made to the Honse storms, s -;vel's, cyclones, and tidal waves. a bove its mouth and extending fro:n a demand was made for the reading of the engrossed bill. I find that said point to a depth of 12 feet in the G ulf of Mexico , o u t ~ide of the present bar. bill has been brought forward on the Calendar under the head of ''bills withi n three years after the date of the a ::: proval of this act, Congres3 may re· reported from the Private Calendar undisposed of." It is the only bill v o k ~ the privileges herein granted in relat .on to said im provement. And Con­ gress may r evok e the provisions herein granted in rela tion t~ said imorove­ on the Calendar without any special order, and I ask if it is not now ment, unless the said Brazos River Channel and Dock Comp m y chall, after Ee. entitled to precedence? curing 12 feet oiwater, secure an additional depth of not less tha n 2 feet during each succeeding year thereafter, until18 feet shall have been secured ; nn 1 in The SPEAKER pro tempore. On what ground? case said Brazos River Channel and Dock Company shall fail to comply with Mr. BOWDEN. On the ground that it is unfinished business on the t ' e foregoing conditions as todepth ofwatera.nd time, for any period oftwelve Private Calendar on a favorable report from the committee. months in excess of the time fixed, as &for esaid, then the privileges herein gra nted in relation to Fa id im provements sh all absolutely l::ecome null and The SPEAKER pro tempore. Does the gentleman make that point? void without action by Congress. Mr. BOWDEN. I will withdraw the inquiry for the present and SEC. 2. That the works of improvement in the said Brazos River, from the will call up the bill at another time. mouth of said river to the point described in section 1 of this act. shall consist of the construction of dikes, wing-dams, levees, embankments, and dredging or PREPARATION OF INDEX, CALENDARS, HOUSE OF REPRESENTATIVES. other means which may be ~onsidered by said Brazos Riyer Channell\nd Dock Company necessary for obtaining a depth of 18 feet of water between the mouth Mr. FLOOD. I d~e to submit a privileged report from the Com­ of said river and said point described in section 1 of this act; and that the said mittee on Accounts. . Brazos River Channel and Dock Company may, if they shall decide-it best for the inte1·es ts of navigation, change the course of said river a t the 'sharp bend in The Clerk read as follows: said river between the mouth of said river and the said point described in sec­ Resolved, That the Clerk of the House be directed to pay to Samuel D. Craig, tion 1 of this act, but in making such change the channel shall be made of suffi­ out of the contingent fund of the House, the sum of SOOO, in full compensation cient depth and width to receive the volume of said river without d isturbance for preparing an index of the Calendars of the House for the first session ofthe of its regimen. · Fiftieth Congress. SEc. 3. That if at any time during the construction of said jetties and aux­ The Committ~e on Accounts, to whom was referred the resolut-ion providing iliary works, or after said jetties and auxiliary works shall haYe been com­ for the payment out of the contingent fund of t-he House to Samuel D. Craig pleted, and said channel of 18 feet in depth bas been obtained, the United States the sum of $600 for extra services in the preparapion of the Calendars, having shall have the right to pay the said Brazos River Cb a nri~l aqd Dock Company considered the same, report that, in thejudgmentofyourcommittee, the amount the value of their jetties and ot-her works constructed u nder and by the au• asked is very reasonable. The extra. work on the Calendars is 40 per cent. at thority granted to said company by the State of Texas as well as by the authority XIX- 435 6946 CONGRESSIONAL RECORD===-HOUSE. JULY 27, of this act, and on such payment being made by the United States all right to said Mr. HOVEY moved to reconsider the vote by which the bill was franchises and works on the part of said Brazos River Channel and Dock Com- passed; and also moved that the motion to reconsider be laid on the P"S:C~~~:~s:~y person maliciously or intentionally injuring said works 01· table. interfering with the construction thereof shall be deemed guilty of a misde­ The latter motion was agreed to. meanor, and may be tried for such offense before the district court of the United States for the district wh_erein such offense may be committed, and if found D:C. JOHN n. READ. guilty he shall be liable to a fine not exceeding 31,000 or to imprisonment not more than two years, or both tine and inlprisonment as aforesaid for each of­ Mr. BANKHEAD. I ask unanimous consent to have considered at fense. this time the bill (H. R. 10633) for the relief of Dr. John B. Read. M1·. GROSVENOR. I would like to ask the gentleman from Tex.as The bill was read, as follows: from what committee that bill emanates? Be it -enacted, etc., That the sum of $17,000 be, and the same is he1·eby, appro­ Mr. CRAIN. It comes from the Committee on Rivers and Harbors. priated, ont of any money in the Treasury not otherwise appropriated, to pay It is the same as that which passed the Senate. Dr. John B. Read, his compensation as royalty on all rille projectiles with iron :rtfr. McCULLOGH. I wish to offer an amendment. sabots furnished by R. P. Parrott to the United States during the war of 1861 to 1865; said sum of $17,000 to be received by said John B. Read as royalty upon The SPEAKER pro tempore. Is there objection to the consideration all such projectiles so furnished to the United States, and in full satisfaction of of the bill? his claim. Mr. ANDERSON, of Kansas. I would like to hear a statement in The SPEAKER pro tempore. Is there objection to the present con- regard to the bill. sideration of this bill? Mr. CRAIN. The bill gives power for the improv~mentof the mouth Mr. HOLl\IAN. Let the report be read. of the Brazos River. The Government has abandoned work on that The report (by Mr. SIM:l\IONs) was read, as follows: river, and has refused to carry on works there. The Committee on Rivers and Harbors have not reported a.ny appropriation, and the people of The Committee on Claims, to whom was refenecl the bi11 (H. . R. 10491) for the relief of John B. Read, submit the following report: that country have organized a "Company for the purpose of doing the In the year 1856, when rifled ordnance of large caliber did not exist in the work themselves. They simply ask permission of Congress to do so, United Stat~s or in any country, Dr. John B . Read secured a patent, dated Oc­ and they ask for no appropriation whatever. tober ZS, 1856, for an elongated rille projectile, with a wrought-iron cup or sabot a.t the base, for expansion into rifle groo"\'"es, so as to .secure rotation. Early Mr. ANDERSON, of Kansas. How wide is the river? in the same year he hAd experimented, atFortress!l!ouroe, with a two·grooved Mr. CRAIN. It varies in width. 24-poande.- ri1le gun, with such favorable results as to secure a contract with :rtlr. GROSVENOR. There is one provision in this bill which is ob­ the Secretary of 'Var that, on condition of his as_iguing tile free use forever of such projectiles to the United tates, he should receive such compensation, in jectionable. It makes it a penal offense under the laws of the United case of adoption, as a board of Army officers, to be appointed for the purpose, States to interfere with the property of a State corporation. might decide to be just. A joint resolution was passed the present ession of Ur. CRAIN. I am willing to have that stricken out. Congress, authorizing the Secretary-of War to appoint such a board; which, after careful investigation of the case, made its1: port to the Secret:uy of War, The SPEAKER pro tempure. Is there objection to the consideration n.nd was by hinl transmitted to Congress on the lith instant. of the bill? The Chair hears none. These projectiles were extensively used at the outset of the war, and we1·e Mr. CRAIN. I move to strike out that section which makes it a furnished the United States by R. P. Parrott from West Point Foundry, with iron sabots, according to Dr. Read's patent. penal offense to interfere with the property of a State corporation. The board of officers decided that Dr. Read "has a just claim for a reasonable The Clerk read the section, as follows: royalt.y upon those projectiles furnished to the United States by R. P. Parrott, SEc. 4. That any person ma.liciously or intentionally injuring said works or which were covered by his (Rend's) patent of October 28, 185G; and t.hat the sum intertering with the construction thereof shall be deemed guilty of a misde­ of Sl7,000 is the proper amount to be paid by the United States to Dr. Read, in meanor, and may be tried for such offense before the district court of the United full satisfaction of his claim." States for the district wherein such offense may be committed, and if found Your committee therefore recommend that the substitute for the original bill guilty he shall be liable to a fine not exceeding S1,000 or to imprisonment not herewith submitted do pass. more tha.n two years, or both fine and imprisonmem as aforesaid for each Mr. GROSVENOR. If I recollect rightly that bill -was up this after­ offense. noon, und the gentleman from Indiana, who I believe is not present now, The amendment was agreed to. made some objection to it and offered a substitute. Mr. McCl;JLLOGH. I move to amend the third section by mak~g Mr. BANKHEAD. It is the substitute that has just been read. it read "before m: after it reaches the depth of 18 feet." The reason The SPEAKER pro tem:po1·e. Is tbere objection to the present con­ why I make this amendment is that as the section reads, as I under­ sideration of this bill? stand it, the Government can not take the improvements until a depth Mr. HOLUAN. I wish to inquire whether or .not this gentleman, of 18 feet has been obtained. You may be able to get a depth of 17 Dr. Read, was not in the employ of the Government at the time he feet .and not a depth of 18 feet, and that would preclude the Govern­ made this invention? ment taking the improvement. Mr. BANKHEAD. I think not. Mr. CRAIN. I am perfectly willing it should go in that way, and Mr. FORNEY. No. I move that the amendment of the gentleman from Pennsylvania be :rt!r. HOLM:AN. Wbo makes the report? adopted. · . . Mr. BANKHEAD. It is made by a board of Army officers ap­ The SPEAKER pro tempore. The Clerk will reporttheamendment. pointed by the Secretary of War. Mr. McCULLOGH. I will withdraw my amendment. The SPEAKER pro tempo1·e. Is there objection to the present con-• Mr. ANDERSON. of Kansas. I move to insert an additional sec­ sideration of this bill? tion that Congress ·may at any time alter, amend, or repeal this act. Mr. WICKHAM. I object. The amendment was agreed to; and the bill as amended was ordered Mr. CUTCHEON. How much money does the substitute carry? to be engrossed and read a third time; and being engrossed, it was ac­ Mr. HOUK. Seventeen thousand dollars. cordingly read the third time, and passed. Mr. WASHINGTON. The Secretary of War recommends the pay­ Mr. CRAIN moved to reconsider the vote by which the bill was ment of the cla.im. passed; and also moved that the motion to reconsider be ~id on the Mr. BURROWS. When did the claim mise? table. · Mr1 BANKHEAD. In 1856. The latter motion was agreed to. BUSINESS FROM 001\IMI'ITEE ON W .AR CLAIMS. MARINE HOSPITAL AT EVANSVILLE, IND. Mr. HOVEY. I ask, by unanimous consent, the Committee of the Mr. STONE, of Kentucky. I ask unanimous consent that next Whole Honse on the state of the Union be discharged from the further Wednesday be set apart for the consideration of bills reported from the consideration of the bill (H. R. 1321) for the erection of a marine hos­ Committee on War Claims1 pital at Evansville, Ind. Mr. \VEAVER. Not to interfere with appl'Opriation bills or the The bill was read, .as follows: Oklahoma. bill. Be it enacted, ete., That the Secretary of the Treasury be, o,nd he is hereby, au· Mr. BURROWS. What is the request? thorized and directed to purchase a site for, and cause to be erected thereon, a The SPEAKER pro tempore. The gentleman from Kentucky [Mr. suitable building for a marine hospital at the city of Evansville, Ind. The plans, STONE] asks unanimous consent that next Wednesday be set apart specifications, and full estimates for said building shall be previously made and approved according to law, and shall not exceed, for the site and building com­ for the consideration of bills .reported from the Committee on War plete, the sum of $1.00,000; nor shall any site be purchased until estimates for Claims. the erection of the building which will furnish sufficient accommodations for Mr. BURROWS. There are several committees that want to have such hospital, and which shall not exceed in cost the balance of the sum herein limited, after the site shall have been purchased and paid for and approved by .an opportunity for a hearing, and if the Committee on Rules will re­ the Secretary of the Treasury: Provided, That no money appropriated for this port a resolu~on covering them t~eycan all. b«:l !lccommodated; _but ~t purpose shall be available until a valid title to the site for said building shall be is not fair to smgle out one committee and g1ve It an advau tage m this vested in the United States, nor until the State of Indiana shall have ceded to the United States exclusive jurisdiction over the same, durin~ the time the way. . United States shall be or remain the owner thereof, for all purposes except of Mr. STONE, of Kentucky. The reason I make this request is that the criminal laws of snid State and the service of civil process therein. the night we had assigned to us was frittered '&way. The CHAIRMAN. Is there objection to the consideration of the Ur. BURROWS. Yes; but the Committee on Rules can report at bill j nst read? [After a pause.] The Chair bears none. any moment. The bill was ordered to be engrossed and read a third time; and being The SPEAKER pro tempore. The hour of 5 o'clock p. m. having nr­ engrossed, it was accordingly read the third time, and passed. rived, the Honse takes a recess until8 o'clock p. m. 1888. CONGRESSIONAL RECORD-· HOUSE. 6947

EVE:t-.'TNG SESSION. manual labor. The objection made to the claim. is that the wound was notre­ ceived while the soldier was in service in the line of duty. The soldier had not The recess having expired, the House reassembled at 8 p. m. The deserted; did not quit his command without leave; was returning to it when House was called to order by Mr. ANDERSON, of Illinois, as Speaker shot. If he had left; the company without permission, or, having obtained per­ mission, had gone elsewhere than to visit his father, or bad overstaid his leave pro tempore, who directed the reading of the following communication: and had been injured, under any of these circumstances we should be inclined SPEAKER's RooM, HouSE oF REPRESENTATIVES, to reject the claim : but the permission to visit h:is father we do not think was Washington, D. 0., July 2:1, 1888. unreasonable, nor that the soldier was to blame either for asking therefor or for Sm: Hon. GEoRGE A. ANDERSON is designated to preside as Speaker protem­ using it when granted. When he left the oamp temporarily with leave of ab· pore at the session of the House this evening. sence, in good faith for that purpose, we do not think he was in any sense a de­ JOHN G. CARLISLE, Speaker. serter or out of the line of his duty. Hon. JoHN B. CLARK, The eommittee think the claim well founded, aud recommend the passage of Olerk Hou-se of Representatives. the bill llerewith reported, granting a pension to the petitioner, to take effect • from the passage of the act. Mr. MATSON. I move that the House now resolve if.c:!elf into Com­ There being no objection, the bill was laid aside to be reported to the mittee of the Whole for the consideration of bills under the special H;ouse with a recommendation that it do pass. order. The motion was agreed to. NATHANIEL FRANCIS. The House accordingly resolved if.c:!elf into Committee of the Whole, Mr. SHIVELY. Mr. Chairman, the bill (H. R. 9195) granting a l.!r. DOCKERY in the chair. pension to Nathaniel Francis has been passed over on the Calendar and Mr. MATSON. I ask unanimous consent that the call of the Cal­ I wish to call it up at this time. endar may begin where we left off last Friday night, with the reserva­ The bill was read, as follows: tion as to bills which may have been passed over that if any gentle­ Be it enacted, etc., That the Secretary of the Interior is hereby author'ized and man present desires to eall up any such bill he be allowed to do so :first, directed to cause to be placed on the pension-roll, subject to the provisions and and that in calling the Calendar bills the consideration of which is not limitations of the pension laws, the name of Nathaniel Francis, late a private asked by any gentleman present shall be passed over. in Company D, Forty-eighth Indiana Volunteer Infantry. There was no objection, and it was so ordered. The report (by Mr. M.A.TSO!-l") was read, as follows: JOHN BUSH. The Committee on Invalid Pensions, to whom was referred the bill (H. R. 9795) to restore Nathaniel Francis to the pension-rolls, have considered the rnme Mr. LIND. I ask unanimous consent to take up a Senate bill (S. and now report: 2124) granting a pension to John Bush. The claimant is ninety years The claimant was granted a pension March 3, 1875;from December 19, 11:!74, at S18 per month for disease of the eyes, and was dropped, on special investiga­ old, and is not likely to live more than sixmonthslonger. The bill was tion, January 15, lSSO, on the ground that the disease of eyes existed prior to not reported until this week, and unless I can have it considered at enlistment. this time I doubt whether the allowance of the pension will be of any 'l'he remaining history of this case is about as follows: Nathaniel Francis was enrolled as a private in Company D, Forty-eighth Indiana Regiment, January service. '1:7, 1862, and was mustered out with detachmentFebruary1, l865,having served The CHAIRMAN. Is there objection to the request of the gentle­ the full three years of his enlistment. In a letter to claimant's attorney, July mn.n from ?tfinnesot6, in view of the statement he has mad9? 16, 1880, Actirlg Commissioner Clark says, on special examination: "The witnesses in general state that he was a man of intemperate habits be­ Ur. MATSON. I have a case myself in which the claimantis blind fore he enlisted, and t-hat as a consequence he had diseased eyes. * * * That and in the poor-l1ouse, and I would like very well to have that bill the case can not be receded from until it has been satisfactorily established that called up out of its o-rder. Francis was a temperate and sober man, and had no disease of the eyes prior to his enlistment." · , .:.U:r. SPRINGER. Those are both meritorious cases, and I suggest The committee are of the opinion that the only question to be considered is that they both be considered. as to whether said disease of the eyes existed prior to and at the time of enlist­ U.r. LIND. I have not Mked anything of this kind before. ment, and, if it did not, was it incurred in the Army and in line of duty. The evidence produced on the examination established the fact that he was free from Mr. STRUBLE. The bill of the gentleman from Minnesota [Mr. said disability at enlistment, and that it was incurred in line of duty as stated, LIND] is a Senate bill, so that if he can have unanimous consent the for the reason that he was granted a pension at SIS per month on the evidence sub· legislation can be completed to-night. mitted, whioh was very full and complete. The evidence taken in special ex­ amination for restoration is somewhat conflicting, but it seems to the committee ~fr. CARUTH. I have -the most meritorious case on the Calendar. that the preponderance is lnrgely in favor of the claimant. [Laughter.] General M. B. Hascall, of Goshen, Ind., who knew claimant several years Is before enlistment, says he never noticed anything the matter with his eyes The CHAIRl'liAN. there objection to."the request of the gentle­ particularly. man from Minnesota. [Mr. LIND]? John P. Truax says he has known him from his childhood and never noticed )fr. MATSON. I shall not object, though I do not think we ought his eyes to appear sore or in.fiamed before enlistment. to deput from the order. Phillip Gordon says he bas known claimant from his boyhood, worked with him and for him prior to his enlistment, and noticed nothing the matter with ~1r . LIND. It is a ve1·y shOit case. bis eyes at and prior to his enlistment. Mr. SPRINGER. I also have avery meritorious bill. [Laughter.] As to prior soundness, the following resident neighbors of the claimant tes­ Mr. LAFFOON. So haTe I. tify that they knew him at the time and prior to his enlistment, and that his eyes were not diseased at that time: Lewis Lemert, W. W. Jarrell, Daniel Keo­ Mr. CHIPl\IAN. I have one, too. [Laughter.] _ bert, William Trobridge, Peter I. Grube, George W . Boyd, S. S. Miller, Johnson Mr. LIND. I understand that the Clerk hM not the bill at hand, Brownlee, Lemuel Rhodes, Solomon Pearman, Levi Truax, Washington Tut­ so I suggest that another case be 1aken up until my bill can be pro­ tle, George \V. Pitman, Liberty Cross, S. S. Ma;;ti, D. D. Dunn, Jacob Kelver, W. Thomas, W. E. Trobridge, W. C. Irrks, A . L. Alleman, L. Thompson; A. C. cured. Thompson, G. Kipfer, S. Thomas, W. C. Edwards, H. Hervy, W. W. ·welch, E . S. Mr. MATSON. Regular order. Lewis, Aaron Butts, L. Nussbaum, Samuel Lowe, Capt. Matt Boyd, W. Wilson, The CHAIRMAN. The regular order is called for. The Clerk will B. Brush, A. Abshire, L. Beagles, A. J. Johnson, G. W. Miller, R. J. Evans, J. Whitley, and several others, all truthful and reputable citizens of Marshall report the :first bill. County, Indiana. In addition to this evidence of prior soundness, ninety-nine JAMES W. BOWMAN. citizens, including professional and business men, who have known the claim­ ant for many years, petition that he be reinstated on the pensior.roll. The Clerk read as follows: In addition to the foregoing a special examination was made in October, 1879, .A bill (S. 2449) granting a pension to James W. Bowman. by Special Examiner Paul E. Williams. His examination seems to have been made with a view of establishing the allegation that the claimant was affected The bill was rea-d, as follows: with sore eyes prior to enlistment, and not for the purpose of ascertaining the Be it enacted, etc., That the Secretary of the Inted or be, and he is hereby, au­ facts. He procured the evidence of several witnesses who were evidently prej­ thorized and directed to place on the pension-roll, subject to the provisions and udiced against the claimant, and he then adds: limitations of the pension laws, the name of James W. Bowman, late a corporal "I subinit the affidavits of several reliable persons, showing prior existence in Company C, Seventh Regiment Tennessee Volunteers. of the pensioner's disability, and that it was due to excess in life. I talked with and heard ot others who knew the same facts, but I did not consider it neces­ Mr. MATSON. Let the report be read. sary or advisable to further accumulate the proof." The report (by Mr. MATSON) was read, as follows: The evidence he procured was almost entirely ex parte, and there is little The Committee on Invalid Pensions, to whom. was r eferred the .bill (S. 2449) doubt that his entire investigation was made with reference to establishing his granting a pension to James W. Bowman, having examined the papers, concur theory of the case. The claimant was not present at this examination. in the Senate report, hereto attached, adopt the report as their own, and recom­ After a thorough examination of the volmninous evidence in this case the mend the p:l.!!Sage of the bill. committee are of the opinion that there can be no reasonable doubt as to claim­ ant's soundness prior to enlistment. The proof of his neighbors to that effect is SENATE REPO.RT. overwhelming. We believe a great injustice has been done to the faithful sol­ dier, who is now almost totally blind, and entirely unable to earn a living by The petitioner was a corporal in Company C, Seventh Tennessee Volunteer manual labor. Infantry, in the war of the rebellion. He enlisted September 5, 1862, and was We recommend that the title of the bill be amended to read as follows: "A discharged August 7,1865, after a service of about three years. The claim. for pen­ bill to restore Nathaniel Francis to the pension-rolls." Also, in line 4, strike sion is founded upon injury incurred by a gunshot wound from the enemy near out the word "placed" and insert "reinstated;" and when so amended we rec­ Decatur, Tenn., July 26,1864. The facts in the case are very clearly proven to ommepd the pnssage of the bill. have been as follows: At the time referred to he was in the company, marching up the Tennessee River, under command of Lieutenant Renfrew. The amendments recommended by the committee were agreed to. The command halted for the night near the home of the soldier's father, who There being no objection the bill was laid aside to be reported to the was a. loyal man. The soldier asked leave to visit his father, to return next morning, and the officer in command granted the leave. He accordingly, House with the recommendation t}latit do pass. · 1 ' under his leave, went to see his father, and while hiding in the woods near his JOHN BUSH. father's house was shot down by the Confederate scouts or guerrillas. He was treated for the wound, and so far recovered that be returned to camp for duty some weeks afterward, but he never wholly recovered from the effects of the The CHAIRMAN. 'The bill which the gentleman from Minnesota wound, part of the shot remaining yet in his back where he was struck. [Mr. LIND] obtained leave to ha.ve considered is now at the desk and The examining board rate him at one-half disabled for the performance of will be read.

• 6948 CONGRESSIONAL RECORD-HOUSE. JULY 27,

The Clerk read as follows: unteer Infantry, and served as such from November 26, 1861, to July 26,1862. His claim is founded upon hernia and sciatic disease of left hip and side, incurred A bill (S. 2124) granting a. pension to John Bush. during his military service. · Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ "The testimony shows that he was, and had been, prior to his enlistment and thorized and directed to pla.ce on the pension-roll, subject to the provisions service in the Army, a. sound, strong, healthy man, capable of doing all the ordi­ and limitations nf the pension laws, the name of John Bush, late a soldier in nary labor in his vocation, that of farmer. The medical and non-medical testi­ Company D, First United States Infantry, and pa.y him at the rate of $12 per mony of distinguished witnesses on file abundantly shows that he is now labor­ month. ing under the two diseases above named, and that the hernia, which is large and painful when reduced, disables him from the performance of manual labor al­ Mr. MATSON. How does this bill come up? most totally. That is his present condition. l\Ir. LIND. This is the bill for the consideration of which I obtained "It ls objected to the claim that although his record shows hospital treatment, unanimous consent, but the bill was not here at the moment. it is not stated therein that he was treated for the diseases specified above, nor is it shown for what he was treated. We think, however, that the evidence of Mr. 1\IATSON. The regular order wa-s demanded. I understood his comrades on file is sufficient to supply the deficiency of the record in this the gentleman to say that his case was that of an old woman. respect. ~ Mr. LIND. No, I said an old man-ninety years of age-which is "Two of his comrades, Marsh:and Bertram, testify positively that they ware the fact, as will appear by the report. present when the hernia and rupture occurred, and particularly de cribe the place, time, and occa~on of its occurrence as being in camp at Columbia, Ky., The report (by Mr. Buss) was read, as follows: while,the soldier was engaged in lifting and unloading for removal arms in The Committee on Pensions, to whom was referred the bill (S. 2124) granting boxes under orders of those in command. They describe with the same par­ a pension to John Bush, have considered the same, and report as follows: ticularity the attack of sciatic pains in side and hip. '£his bill falls within the provisions of the general bill for pensioning the sur­ ·• His near neighbors swear that when be returned from the Army after his vivors of the Indian wars from 1832 to 1842, favorably reported by this commit­ discharge he was suffering from rupture; that they saw it and knew of it from tee at the present session. working with him. The committee recommend that this bill do pass, and they adopt the state­ "We are of the opinion that the claim is well founded, and recommend the ment of facts in the report of the Senate committee as part of this report, as passage of the bill." follows: The bill was laid aside to be reported to the House with the _recom­ [Senate Report No. 555, Fiftieth Congress, first session.] mendation tha.t it do pass. The Committee on Pensions, to whom was referred the bill (S. 2124) granting a pension to John Bush, have examined the same, and report: CATHA.BINE M'QUADE. This claimant enlisted at Baton Rouge, La., on the 16th day of June, 1825, in the First Regiment United States Infantry. He served ten years in Company The next business on the Private Calendar (called up by Mr. MAT­ D of said regiment, commanded by Col. Zachary Taylor, and was discharged at F {•rt Snelling in June, 1835. He served with his regiment at Fort Crawford, SON) was the bill (S. 244A) granting a pension to Catharine McQuade. Wis.,duringthe Black Hawk war. He is now ninety years old,isinvery feeble The bi!l was read, as follows: health from the infirmities of age, and himself and wife are and have been for Be it eJlacl-ed~ etc., That the Secretary of the Interior be, and he is hereby, au­ years entirely dependent upon charity for their support. Mr. Bush has been thorized and airected to pla

• 1888. CONGRESSIONAL RECORD~HOUSE. 6949 .

"We are of the opinion thatthe applicant ought to be restored to the roll, and "Dr. Robert A. :Joyce deposes, September 23, 1881, that he attended him i!l that at the rate of$4 per month, and do report and recommend the passage of a February, 1881. He was ~hen suffering from extrem~ weakn~s!:! from hcml­ bill herewith returned for that purpose." plegia; next examined him on .August 5, a:nd found h~ suffermg from para­ plegia which caused his death on t-he followmg day; beheves the 1·emote cause The bill was laid aside to be reported to the House with the recom­ of said paralysis to be the !!hock from a wou?d rece~ved at.the ba~tle of Ball's mendation that it do p'ass. Bluff, which wound necess1t-ated the amputat10n of his arm 1mmediately below the shoulder-joint. l\IARY CURTIN. "Hugh J. Curran deposes, April25, 1884, that Gal-!agher wa~ a strong•. healthy The next pension business on the Private Calendar (ca.lled up by 11Ir. man when he enlisted; that deponent was called m to see him after h1s return in 1861 and found him suffering acutely; summoned Dr. J;..eonard K. Sheldon, MATSON) was the bill (S. 2653) granting a pension to Mary Curtin. who h~ since died, who pronounced his illness a bad case of feyer and ~gue and The bill was read, as follows: diarrhea · knows that he was subject to these spells up to the trme of hiS death, Be it 1macted, etc., That the Secretary of the Interior be, and he is hereby, au­ having o~ several occasions helped h im home when attacked by the~ on the thorized and directed to place on the pension-roll, subject to the provisions and street· his gait was very unsteady, that of a man much enfeebled by sickness. limitations of the pension laws, the name of Mary Curtin, widow of Timothy "Dr~. W. E. Richards and C. P. Grove jointly depose, .April22,1884, tl:~at t~ey Curtin, late of Company I, Forty-eighth Massachusetta Volunteers. treated Gallagher professionally from March 2, 1881, to :June 22t 1881, seemg him once each day· that the remote causes of his death were a. fall of about 80 · The report (by Mr. MATSON) was read, as follows: feet caused by a ·v~lley that shot off his right arm above the elbow, at the The committee, after considering this case, recommend the passage of the sam'e time precipitating him from the top of the bluff (battle of Ball's Bluff) bill, and adopt the Senate report, as follows: into the Potomac River· total neglect to dres3 his wound for twenty-four "That the claimant is the widow of Timothy Curtin, who was a sergeant in hours and almost total p~ostration resulting from loss M blood. .All these con- Company I, Forty-eighth Regiment Massachusetta Volunteer Infantry. He en­ 8pired to create an inflammatory process in the. posterior column o f the !:!Pinal listed at a time not shown · was discharged September 3, 1863. The soldier was cord which finally assumed the form of scleros1s. There was numbness m the a pensioner at the time of his death by reason of gunshot wound in right. arm, feet 'left leg and trunk up to the waist line; insensibility to puncture made received at battle of Port Hudson, at the rate of $16 per month. lie died at with a point~d instrument. This con~ition extended th_x:ough the left ~rm and Boston, Mass., September 17, 1880. His death is recorded as of pneumonia. third and fourth fingers. 9ther ind1cations of :paralys.ts are s tated w.1th con­ "The physician in attendance at last illness says that his disease was consump­ siderable detail and there IS no doubt that the 1mmed1ate ca.nse of hts death tion; that he would have died in a few weeks from this latter disease; that the was paralysis. ' . · attR.Ck from pneumonia only hastened death. The clahnant and her neighbors "Your committee has been furnished with an additional affidavit of Dr. Grove, testify that the soldier upon his return home, immediately after his discharge, dated February 10 1888 who attended the deceased in his last sickness, which was greatly broken in health; that he had an incessant backing cough and was tends to show th~t the fatal disease was induced by the wound and the fall thf;lroughly disabled for work; that this wound remained, almost constantly, which the claimant 1·eceived at Ball's Bluff; that it had affected him for years an open sore; that when suppuration ceased the cough became worse, and that before his death, and was progressive in its character. · the waste from the wound weakened the system so as to prevent a cure of the "The passage of the bill i~ r.ecommended." . . . cough; that this was his condition continuously until he died. Your committee are of opm1on that the case 1s mentonous, and therefore re· "Medical testimony supports this view, and although the claim was rejected by turn the bill with the recommendation that it do pass. the Pension Office, yet we think it is shown sufficienUy that the wound and its The bill was laid aside to be reported to the House with the recom­ consequent results were the causes of the husband's death. We therefore re­ port herewith n. bill for the relief of the petitioner and recommend its passage." mendation that it do pass. The bill was laid aside to be reported to the House with the recom­ CATHARINE BUSEY. mendation that it do pass. The next pension business on the Private Calendar (the considera­ MRS. MARGARET LONGSHA:W. tion of which was asked by Mr. CARUTH) was the bill (H. R. 333) granting a pension to Catharine Busey. :M:r. WHEELER. I desire to call up a bill which has been passed. The bill was read, as follows: over; it is on page 53 of the Calendar-the bill (H. R. 9557) for there­ Be it enacted etc. That the Secretary of the Interior be, and he is hereby, au­ lief of Mrs. Mm-garet Longshaw, dependent mother of William Long­ thorized and directed to place on the pension-roll the name of Catharine Busey, shaw, late assistant surgeon, United States Navy. subject to the provisions and limitations of the pension laws. The bill was read, as follows: .Amend the title so as to read: ".A bill granting a pension to Catharine Bus­ sey." Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ thorized and directed to place the name of Mrs. Margaret Longsha.w. dependent The report (by Mr. HuNTER) was read, as follows: mother of the late Asst. Burg. William Longshaw, United States Navy, upon Frededck Bussey enlisted in the Army of the United States as a private in Com­ the pension-roll, subject to the provisions and limitations of the pension laws. pany K, Fifth Kentucky Infantry, on the 9th of September, A. D. 1861, and was The report (by Mr. HuNTER) was read, as follows: mustered out at Louisville, Ky., December 9, 1864. While in the sen•ice it is claimed that Bussey suffered a sun-stroke, and there The--Committee on Invalid Pensions, to whom was referred the bill (H. R. is a good deal of proof going to establish this fact. He, however, subsequently 9557) for the relief of Mrs. Margaret Longshaw, have had the same und~r con­ served and when finally discharged returned home to his family. Before the sideration, and find that the beneficiary of the bill is the mother of the deceased war hi; health had been good, his mind sound, and his family history good. Asst. Surg. William Longshaw, United States Navy, who achieved during the He had never been known to exhibit the slightest sign of insanity. Shortly, late war a most enviable name and reputation; that he received the thanks of however, after his discharge he showed evidences of mental trouble. E;e his commanding officers and of the Navy Department; that, in the language would wander a.way from home, and when found be unable to account for his of Admiral Porter, "after adding to his record of gallant and meritorious con­ duct he was killed, close up under the glacis, in the assault of Fort Fisher, Jan- mg~erwe:~~easions, while suffering from this trouble, h~ was found wandering uary 15, 1865." . aimlessly about and was arrested and taken to the statiOn-house for safe keep­ 'l'hat this officer left neit.her widow nor child; that during his service he con­ ing. These attacks became more frequent.. He was unable t.o support his fam­ tributed largely of his pay to the aid and maintenance of his mother and father, ily; worked very il;regularly. One day, '!1tho~t a word to his fellow. workmen and to the education of a younger brother. · or to his wife or children, he left the shop m which he had been workmg a short That beyond a Slilall and utterly inadequate income contributed by her hus­ time and after being gone a week or more, without his family or friends know­ band during his lifetime and a small and utterly insufficent income left her at ing ~nything of his whereabouts, be was found dead on a railroad track near his death, the mother of the deceased officer has no one legally bound to sup­ Franklin Ind. He had been run over and killed by a passing t1·ain. port her. l\irs B~ssey's application for a pension was rejected on the ground that her That the mother is now ad\·anced in years, very feeble and inffrm, and re­ husba.nd's death was not occasioned by disease contracted in the service. It is quires the constant attention of another. plain that the sun-stroke would, ~s it ~oes in ma~y cases, have a tenqency to That she filed her claim as a dependent mother before the Pension Bureau produce insanity. Doubtless t-he 1nsamty of Frederick Bussey lead to hts death. prior to June 30, 1880, and from the history of the case, record and parol evi­ Should not the doubt be resolved in favor of the widow, who was deprived of dence, we believe the claim to be meritorious and that its passage would be a assistance in caring for and raising her children on account of the-disease and simple act of justice. death of her husband? .As the death may be fairly attributed to the insanity Your committee therefore report back the bill (H. R. 9557) with the recom­ produced by a sun·stroke received in the service during the war, your com­ mendation that it do pass. mittee think that this widow, who is poor and needy, should be pensioned. The bill was laid ~ide to be reported to the House with the recom- Your committee propose to amend the bill by correcting the name "Busey" in the title and where it appears in the bill to Bussey, and by adding, after the mendation that it do pass. · uame in line five, the words "widow of Frededck Bussey, late a. private in Company K, Fifth Kentucky Infantry," and recommend, when so amended, MARGARET GALLAGHER. that the bill do pass. Mr. MOFFITT. I ask now to call up the bill (S. 5) granting a pen­ The amendment recommended by the committee was agreed to, and sion to M~rs. Margaret Gallagher; on page 57 of the Calendar. the bill as amended was laid aside to be reported to the House with The bill was read, as follows: the recommendation that it do pass. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ thorized and directed to place on the pension-roll, subject to the provisions and ELIZABETH A. SOUTH. limitations of the pension la-ws, the name of Mrs. Margaret Gallagher, widow of Edward Gallagher, late private Company K, Forty·second Regiment New The next pension business on the Private Calendar (the considera­ York Volunteers. tion of which was asked by 1\Ir. FINLEY) was the bill (H. R. 6848) for The report (by Mr. FRENCH) was read, as follows: the relief of Elizabeth A. South. The facts in the case are set forth in the report of the Senate Committee on The bill was read, as follows: Pensions, which is as follows: Be it enacted, etc., That the Secretary of the Interior be, and be is hereby, au­ "Concerning this claim the Commissioner of Pensions writes to the chairman thorized and directed to place upon the pension-roll, subject to the provisions of this committee as follows: and limitations of the pension laws of the United States, the name of Elizabeth " • The soldier was pensioned for gunshot uound, causing a.mputatio':l of right A. South. the widow of John B. Wells, late private in Company B, Twenty­ arm above the elbow. The record of death and the affidavit of attending phy·· first Kentucky Volunteers in the late civil war, and be paid a pension as though sician show that he died twenty years afterwards of paralysis. The widow's she had not again married. claim was rejected, March 23, 1883, for the reason that the disease of which the soldier died (paralysis) did not result from any injury received or disease con­ The report (by Mr. HUNTER) was read, as follows: tracted in the service. The medical referee of this Bureau says: '.A gunshot John B. Wells, the first husband of Elizabeth A. South, was enrolled on the wound followed by amputation can not be accepted as the cause of death occur­ 1st day of November, 18Gl, in Company B, Twenty.first Regiment of Kentucky ing twenty years after."' Volunteers. He was killed in action near Murfreesborough, Tenn., January 2, - ''The petitioner states that she is a cripple by reason of rheumatism in the 1863. Elizabeth A. South, then Elizabeth A. Wells, made application for pen­ legs and that she is very destitute. It appears from the Pension Office records sion, and was placed upon the rolls as the widow of said John B. Wells. .After­ that she married the soldier, Edward Gallagher, Novembel·13, 1862. Gallagher wards she was united in marriage to Samuel South, with whom she lived several died August 6, 1881. years. .At the date of said marriage her pension ceased. At the time of her - •. 6950 CONGRESSIONAL RECORD~HOUSE. JULY 27, marriage with South, as appears from several affiduvits on file, she was in" easy thi~ a.fiia.nli visited said barracks and saw the applicant there and he was then circumst.'l.nces.'' Yery lame, apparently in bad health, and suffering from cold and rheumatism. South turned out to be a "worthless, dissipated drrmkard," and squandered lie knows that said appHcantwas a sound, healthy man up to the spring ofl861, all her property except the little home in which she now lives. Finding she could and that he has been a cripple and diseased since tl1e first. time this affiant saw live with him no longer, o. separation took place and she applied for and was him after his return from the Army, o.nd that he is now a. cripple, unsound, and granted a divorce. She has no children under sixteen years old by her first unable to perform manual labor for support." husband, John B. Wells. She appears to be in destitute circumst.ance , and she Sutton Parker, private, Company K, Twenty-third Kentucky, says in an affi. now asks to be reinstated on the pension-roll as the widow of John B. Wells. davit: Having given the matter careful consideration, the committee are ofthe_opinion "First knew claimant at enlistment, ::~.t which time·he seemed to be in good that the relief a ked for ought to be granted. health; was able to do duty at first; marched throughKentuckywithout mak· We therefore submit a favorable report, and recommend the passage of the ing complaint; but in winter of 1862, while in Tennessee, he gn.Ye out in big bill. feet; his feet swelled up; had bumps on them so that he could not march and was discharged." The bilL was laid aside to be reported; to the House with the recom­ Tho lJnited States examining board at Bowling Green, Ky., made an official mendation that it do pass. examination of claimant on the 27th day of January,1866, and staled ns follOW'S: "Bot h feet are tender and ligam.ent.e drawn so rut to throw most of the weight SAl\lUEL PIERCY. of body upon the outer side of feet when walking or standing; great toes are The next pension business on the Private ,Calendar (the considera­ contracted and articulations enlarg-ed; heart sounds normal; lungs, li>er, spleen, etc., normal; no other evidence of rheumatis m present." tion of which wa.s asked by 1\Ir. FINLEY) was the bill (H. R. 3110) Fl."om all the proof in the application for pension the committee is of opinion granting a pension., Samuel Piercy. that this is a meritorious case, and they therefore 1·ecommend the pnssuge of The bill was rea.d, as follows: the bill. Be it enacted, etc., Thattbe Secretary-of the Interior be, and he is hereby, a.n­ The bill was laid aside to be reported to the House with the recom­ thorized and directed to place on the pension-roll, subject to all the provisions mendation that it do pass. a.nd limitations of the pension laws, the name of Samuel Piercy, who Bel""'"ed in Company E, Mnth Kentucky Volnntee:r Infantry, in the late civil war; CII.A.RLES S. ll.AK.ER. The report (by Mr. HUNTER) wa.s read, as follows: The nex:t pension business on the Private Calendar (the considera­ From the proof on file in the Pension Office and affidavits before the com­ tion of which was asked by Mr. LAIDLAW) WU3 the bill (H. R. 9792) mittee Samuel Piercy was enlisted as a private in Company E, Ninth Kentucl.'"Y Vohmteer Infantry, on the 4th day of October, 1861, at Camp .To Underwood, in to increase the p.ension of Charles S. Baker. Barren County, Kentucky; that on the 21th October, 1861, while on duty, be '"as The bill was read, as follows: captured by a Tennessee regiment ofConfederate cavalry and carried to Bowling Be it enacled, etc., Thatt.he Secretary of tile Interior be, and is hereby, author-• Green, Ky., where he contracted measles; thl\t upon his recovery he was re­ ized and directed to increase the pension of Charles S. Baker, late a p1·ivate of moYed to Nashville, Tenn.; that in consequence of his not having fully recov­ Company B, Seventy-second Regiment New York State Volunteers, to $72 per ered from measles and from exposure, he had a relapse; be was taken from month in lieu of the pension uow received by him. Nashville to Salisbury,N.C.,and from there to New Bel'Ile,N.C., and from thence to Washington, N.C., where he was paroled and sent to New York, and The report (by :Mr. SAWYER) was read, a.s follows: from thence home in June, 1862, and that he did not afterward join big regiment The beneficmry above named '\Vas a private in Company B, Seventy-second and was never discharged from the !!ervice. Regiment New York Volunteers, mustered into the service Jnne 20, 1861, and He filed his claim for a. pension September, 1883, and the <~arne was rejected was discharged September 6, 1862, for disability. lle wa pensioned at rate of September, 1887, "upon the ground of neglect and apparent inability ot claim­ $!per month from the date of his discharge to !liay 24, 187 , and since then his ant to furnish his correct service or certificate of discha;~e." The claimant pension has been increased from time to time as his disability increased, till his shows by.his own statement the hardships he endured while a prisoner, and pension was :raised to ~39 per month from June 23, 1886, for piles, disease of the the fact that when he came home after exchange he was unn.ble to ngain re­ lung , and resulting disea e of the heart. join his regiment on account of his ill health. This is sustained by the testi­ The claimant was examined by a boarrl of physicians n.t the Pension Depart­ mony of Daniel J. SLreet and Samuel C. Sloot, both of whom belonged to the ment at Washington on the 18th day of l\fa.y, 18.17, and the board gave him a. company and regiment, and acted as second lieutenants in said company and rating of $30 per month, and they certify in their opinion as follows: 1·egiment, and who are certified to be men of reputation for truth and veracity. "From present indicat.wns and condition of this claimant, it is our opinion ' and speak from personal knowledge of the facts. Claimant is not reported as a. that be will not live a year, unless great changes for the bet.tcrshould appear, deserter. . which we doubt." He seems to be an illiterate, ignorant man, and has depended upon himself to The man is. t-otally blind, bub not on account of any injury received in the prepare his case, which, in the opinion of the committee, has been to his preju­ ilervice; he is very poor, and has no means of livin~ except his pension; his dice, and by reason of which his claim for pension was rejected; for it is evi­ disability consists of piles; disense of the lungs, and 1·esulting disease of the dent from the proof before your committee that he contracted disease in the heart; he has not improved since he wa exn.mined as aforesaid, but bas grown service and in line of duty, and which has continued to the present, and by which worse; his pulse is from 110 to 140. He is subject to fainting fits, arising from he is disabled from peclprming manual labor, his only means of support, as is the imperfect action of t.he heart, and upon such occasions he bas to have the shown by the examining surgeon's report on file to be at least three-fourths, on assistance o:ti an attendant to rub him and otherwise stimulate the circulation; account of di~ease of lungs cans:ed by a. relapse f1·om measles, ("Old, and expos­ and while it can_not be said that he needs the constant attention of another per­ ure while a. prisoner of war. son, still it c.•tn hardly be safe for him to be much_ alone. And although his They believe this to be a mel'itorious case, fl.Ild recommend the passage of the blindness is not the result of his military service, still the committee can not bill. forget that fact in considering the condition of this poor, unfortunate, suffering The bill was ordered to be laid aside to be reported to the House with soldier. The evidence shows that he co.n live but o. short time at the best, and that his the recommendation that it do pass. affi.ictions and sufferings will incrcr.se as the weeks go by. The committee be­ lieve that this is a case justifying Congress in granting special relief, and there­ ALBERT 0. ROBB. fore recommend that the bill do pass, ·with-an amendment striking out the words The next pension business on the Private Cale1;1dar (the consideration " seventy-two," in the sixth line, and inserting in lieu thereof the words "forty­ of which was asked by Mr.. ·THOMAS: of Kentucky)'was the bill (H. frye." R. 9399) granting a pension to Albert 0. Robb. The amendment recommended by the committee was adopted. The bill was read, as follows: The bill as amended was laid aside to be reported to the House with Be it enl:\cted, ete., That the Secretary of the Interi~r be, and he is hereby, au­ the recommendation that it do pass. thorized and directed to place on the pension-roll, subject to the provisions-and limitations of' the pension laws, the name of Albert 0. Robb, formerly a pTivate RUSSEL L. DO.ANE. in Company K, Twenty-thi:rd Regiment of Kentuck-y Volunteers. Thenextl).usiness on thePrivate C:ilendar (the consideration of which The rep.ort (by Mr. HuNTER) was read, as follows: was asked by. Mr. WHITIXG, of Michigan) waa the bill (H. R. 2507) Albert 0. Robb, enlisted September 11, 1861, as a. private in Company K, granting a pension to Russel L . Doane, of Peck, Sanilac County, Twenty-third Kentucky, and was discharged upo&surgeon's certificate of dis­ Michigan. ability bS>' reason of" contraction of tendons of both feet. Date of discharge, January 7, 1863. He applied fo:r a pension, No. 418181; his claim was rejected The bill is as follows: NoYember 17, 1886, on the ground that the alleged disability of feet existed Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ prior to the soldier's enlistment. thorized and directed to place upon the pension-roll the name of Russel L. The said Robb claims that in Tennessee, aner a forced mn.rch ft·om.Lebanon Doane, of Peck, Sanilac County, lll.ichigan. to lUurfreesborough ; thence to sight or Nashville, Tenn .• thence back to near Lebanon, and on to Murfreesborough, covering about two days in the spring of The report (by l\Ir. CHIPMAN) is as follows: 1862, he first noticed a severe pain in feet and ankles and a swelling'of the joints Russel L. Doane is the father of Dempster Doane, second lieutenant in Com­ of the feet; was in the hospital at Murfreesborough suffering with inflammatory pany D. Thirty-fifth Regiment of New York Volunteers, who died on the 22d rheumatism in the feet; remained there two or t,hree weeks and was treated by day of September, 1881, at Peck, in Sanilac County, 1\Iichigan, and who, up to the surgeons of the regiment; got better and marched with the regiment t o the time of his death, supported the claimant, who is now over eighty years of Louisville, when General Buell was after Bragg; camped between the canal age, incapable of manuallab01·, and destitute of the means of support. and river, when he got worse again, and when Buell followed Bragg to Perry­ While there is no. doubt that Congress will provide by general legislation. for ville he was not able to march and was sent by Captain Mavity to Park Bar­ ca es of this kind, the advanced age of the claimant demands that he be re­ racks. at Louisville, and quartered in a tent and treated by the surgeon, Dr. Heyed now, ifbe is to be relieved at all curing his lifetime. Goldsmith, who is dead; remained there till discharged June 7, 1863. Your committee recommend that the bill dopa s, with the following amend­ 1\Ir. F . M. Kelly sn.vs that- ment, namely: Add o.fter the word "Michigan," in the last line, the words "He knew Robb f1:om 1855 to 1860, and met after the war. He worked with "dependent father of the late Dempster Doane, late of Company D, Thirty-fifth him before 1860, and up to that year from 1855 off and on, and he then seemed Regiment New York Volunteers.'' to be sound. .After he returned from the Army he complained of rheumatism." Ron. L . J. Proctor, a leading lawyer of Kentucky, says that- The amendment recommended by the committee was agreed to. " He bas known Robb since he was a boy; that said Robb worked for him in The bill as amended was laid aside to be reported.. to the House with the years 1B58, 1859, and 1860, and that said Robb was during that time o. stout, the :recommendation that it

limitations of the pension lawa, the name of Ellen J. Snedaker, the dependent W. Holbrook, surge0n, Eighteenth Massachusetts Volunteer Infantry, in affi­ mother of JamP.s W. Snedaker, late second lieutenant of Company D, One davit filed July Z7, 1883, testifies that he dressed the wounds of the forefinger of hundred and eleventh Regiment New York State Voluntee~~s, and of .Albert I. the left hand of claimant at the first battle before Richmond, Va., Jnne or July, Snedak~r, late a. private in the same company and regiment. 1862 and that claimant had been taken out of his regiment and placed on pro­ vost guard; that claimant was not sent to any hospital, but was e:uused from The report (by Mr. CHIPMAN) is as follows: duty for about three weeks. - Ellen J. Snedaker wns the mother of two sons, both of whom died in the serv­ In affidavit filed November 26,1884, George W . Smith, o. sergeant of Company ice of the country, the elder on the battle-field, the younger as a prisoner of war H, Eighteenth Massachusetts Volunteer Infantry, testifies that elaimant was nt .Andersonville. She and her husband are very old, and in destitute circum­ detailed on provostrgWU"d duty, and sent to the rear of the Army to keep up stances, but when their sons entered the service were prosperous and in no stragglers, and that he was not wounded in his index finger when he left th~ sens.e dependent on them for support. Misfortune has overtaken them with regiment, but that after the lapse of a few days, when he returned to the regl­ age, and the husband is a.ffi.icted with mental weakness, which renders him un­ ment, he was wounded in the upper knuckle of his left index finger, and affiant fit to perform even t-he labor which his advanced age might be .capable of. lie, was informed that the said claimant received his wound in the battle before after the war, recovered and bore to his home the bodies of his boys. Richmond, Va. Mrs. Snedaker makes claim because of the mental condition of her husband. In affidavit filed November 26, 1884, Charles H. Drew, captain of Company H, The Commissioner of Pensions properly decided against her because she could Eighteenth Massachusetts Volunteer Infantry, testifies that in June, 186:!, claim­ bot show dependence on her sons, or either of them, at the tilne of death. ant was a sound man and a faithf~l soldier; but subsequently it is said that The committee think that there ought to be a presumption that the boys claimant was wounded in the left index finger; that he has no personal knowl­ would care for their parents. edge that such was the case. but believes the statement of claimant. They recommend the passage of the bill. In affidavit filed ;rune 2, "1876, Dr. William Russell, of Oneida. County, New York, testifies that he finds upon examination that there has been a fracture of The bill was laid aside to be reported to tho House with the recom­ the metacarpal bone of the forefinger of the left htmd, involving the joint; mendation that it do pass. that there is now a false joint with considerable deformity; that he has be':n acquainted with claimant since 1866, and has personal knowledge of his dis­ WILLI.Al\I W .ALLACE YOUNG. abilities. The next business on the Calendar, the (consideration of which was The board ofUniledStatesexaminingsw·gcons,. at Utica, N.Y., ra.te claima.nt one-fourth for Wation, and resulted in general Infantry Volunteers, and for his disabilities eontracted in the military service debility; that these facts are known to affiant, who saw claimant in the engage­ is drawing a pension of $10 per month. This pension is on account of Jnng dif­ ment at the Wilderness, Virginia, when he was in good health aud capable of ficulty and total deafness of the right ear, he receiving nothing in consequence extrn.ordinat·y endurance; that after his release :from prison, on his way home of the less of his eye-sight. He has drn.wn pension since JatLDary 12, 18:!3, but on furlough, affiant again saw him, when l1e was emaciated, b1·oken down, and has or..ly been allowed his present rate since November 15, 1887. so weak that he feared he would not live to get home. The claimant is o. poor man and has a dependent mother to care for, the widow "Drs. Brown and ·wilcox testify to having treated him for the disa.bilities of an old soldier, as well as his own family, and in consequence of his infirm­ claimed, and to his low condition. Recent medical e:xamin.•l.tions show that he ities is the subject of private and public charity. In 1882 he was employed as a is not able to perform manual labor; that his condition is not only helpless, but day laborer in a.. coal-mine and was engaged with other workmen in blasting pitiable. the caprrock. The fuse was tired and the rock exploded, and the burnt powder "There is a mass of convincing testimony in substantiation of his claim for and broken pieces of stoue were tl1rown into the face and eyes of the claimant increase, a careful examination of which convinces the committee that his pen­ so as to seriously burn and injure him and to destroy almost totally his powei' . sion is too low. The bill is reported favorably, with a recommendation that it of sight. At present it is said he can distinguish between daylight and night, do pas.'!.'' - and can wander about his home withou~ a guide, but he can not see to do any The claimant seems to need an attendant, and tlle amount proposed by the work. The workmen who were engaged with him in blasting rock escaped bill is barely sufficient to give him proper attention. without injury, but the claimant did not hear the burning of the fuse and had \Ve recommend that the bill do pass. no notice of the explosion, and thus received his serious injury. Workmen The bill was laid aside to be reported to tho House with the recom­ employed with him make their affidavits, in which they state that had it not been for the defective hearing of the claimant he could have heard the burning mendation that it do pass. of the fuse, and would ha >e had notice of the pending explosion and could have ER~ST IrnfN. protected himself. The claimant swea.rs that he did not hear the fuse when burning, and while The next bns:iness on the Calendar (the consideration of which was it is thus shown that the explosion was the direct and immediate ca.nse of the asked by :Mr. CIDPMAN) was the bill (S. 2413) granting au increaseof injuries which resulted in the destruction of claimant's eye.s. yet we believe it pension to Ernst Hein. is logical and consistent to belimre that had it not been for his defecti>e hear­ ing, which resulted from his army service, he could and would have protected The bill is as follows: hin1sE!lf from this serious misfortune_ The officers of the county where·the Be it enacted. etc., That the Secretary of the Interior be, and he herehy is, au­ claimant resides and many ot the leading citizens. knowing the circumstances, thorized and directed to place on the pension-roll, subject to the provisions and ask in justice that his pension sball be increased. In view of the evidence and limitations of t11e pension laws, the name of Ernst Hein, late a private in Com­ all the circumstances your committee believe that the claimaut should be pany H, Eighteenth Massachusetts Volunteers, at such a. rate and increase o·ver granted a. pension for that disability, and hence recommend that the bill be and in addition to the pension now received by him as he may be entitled by amended so as to strike ont th~ word ••forty," in the sixth line of the bill,and reason of gunshot wound in the index finger of the left hand. insert the word "thirty," and after the word "month.'' in the seventh line, add "in lieu of the pension he is now receiving," and with these amendments they The report (by l\Ir. CHIPMAN) was read as follows: recommend the passage of the bill. The committee adopt the Senate report hereto appended and recommend that the bill do pass. During the reading of the report, :Mr. STRUBLE said: I ask unanimous consent to dispense with the Claimant enlisted in Company H, Eighteenth :Massachusetts Volunteer In­ fantry, August 20, 1861, and was dischar{?ed September 7, 1803, on account of further reading of the report. Enough has been read to establish this atrophy of left arm, contracted since enlistment; re-enlisted in Company C, case beyond question. Thirteenth Veteran Reserve Corp , June 18, 18&.1, and wa.s discharged Novem­ 1\fr. LANE. Let the remainder of the report be read. ber 13, 1865. By act of Congress approved June 1, 188(}. he is now drawing a pension of $10 per month on account of pa1ralysis of left arm and disease of The Clerkresumedandconclnded the reading ofthereport, as above. stomach. The amendments recommended by the committee were adopted. Claim for pension on account of wound of index finger of left hand was re­ The bill as amended was laid aside to be reported to the House with jected June 17, 1835, on the ground that there is no record of the alleged wound on file at the War Department, and cl:!.imant is unable to furnish satisfactory the recommendation that it do pass. evidence showing the incurrence of the same in the service and in the line of his military duty. MBS. NANCY E. SPENCER. The testimony in the claim is as follows: In his declaration filed June 2,1876, claimant states that his left hand was crippled in the service 1\Iay 2, 18 3. In The next business on the Calendar (the consideration of which was nffida...it filed March 18,1884, claimant states tha~ he was wounded in left index asked by Mr. PEBKINS) was the bill (H. R. 783) granting a pension to finger at the battle of seven days' fight before Richmond. Va.., June or July, Mrs. Naney E. Spencer. JSG2. In affidavit filed October 17, 18!H, claimant states that he was absent from his company on provost duty at the time he received the wound. and none of The bill is as follows: the commissioned officers of his regiment were present at the time, and that Be it enacf.ed, etc., That the Secretary of the Interior be, and he is hereby, au­ consequently he can furnish the te timony of no officer, with the exception of thorized and directed to place upon the pension-roll, subject to the provisions Surgeon W. Holbrook, who dressed his wound; nor can he furnish the testi­ and limitations of the pension laws, the name of Nancy E. Spencer, wido.w of mony of any of the comrades of his regiment, for the reason that none of them Charles L. Spencer, late of Comp!lny H, Forty-seventh Regin1ent Iowa Infantry were present with him. Volunteers. 6952 CONGRESSIONAL RECORD-HOUSE. JULY 27,

The report (by Mr. MoRRILL) is as follows: which they are placed, to prove their claim. The fact that the records of the War Department fail to show the nature of his disal>ility is by no mea.ns conclu­ The. Committe.e on Invalid Pensions, to whom was referred the bill (H.. R.7S3) sive proof t.bat he as not disabled. grantm~r .a pens~on t? Mrs. ~ancy ~ · Spencer, submit the following r eport: I know from personal observation and inspection of said Chase, iu_August The claimant m th1s case lS the Widow of Charles L. Spencer, late a pd vate in 1863, that he was reduced to the lowest ebb of life by malarial or intermittent Company~. For~·Se¥enlh Regiment Iowa Infantry Volunteers. fever whil~ at barracks hospital, New Orleans, and it would be very natural that The soldier enlisted May 9, 1864, and was discharged September 28 1864 and only that d.ISease should be 1·ecorded, e-specially ns his right inguinal hernia was died on.1.he 14~h d!l-Y of .April, 1~. On t_he 1st day of March, 1885, the soidicr th~n onl~ Imperfectly developed and he did not himself fully know the nature made his application for a pens10n, allegmg as his disability diarrhea and en­ of1t, h.avmg only a serious weakness in that region, to which he did not call the large_me~t of the liver and spleen. The claim was prosecuted to a successful atten~10n of th~ surgeon. I k!lOW that the fever was incurred in the line of his termi~at10n, an_d on the 29th of Sept~mber, 1887, he wns pensioned for diarrhea ~uty m the Urute.d States ser¥1Ce, and I firmly belie¥e that the hernia wns also and diSease ofli¥er and spleen. Th1s, however, was not until after the soldier m curred by the VIOlence he sustained when thrown from his horse while on the was dead, and. the pension ceased at his death, April14. 1885. march from Barre's Landin:;-, Louisiana., in May, 1863. Col. T. E. Chickering The cl1.dmant pre.sented her claim for widow's pension on the 25th of October a~d others who could have proved his claim are dead. He was separated from 1886, which was reJected on the ground that the disease of which the soldier Jus comrades by being left in hospital in nn insensible condition (from the fall died was not due to disease contracted in the service. In this we think the Pen­ from horse) while the 1·egiment marched on; and these are some of the reasons sio~ Office was in error. Dr. W. W. Woodmir, who wasthenttendingphysician why he can not furnish the required evidence. testifie~ that M.r. Spencer died of pneumonia and chronic diarrhea., and Dr. Job~ Some members of the regiment belonging to his ·own and other companies T. Dav1s says, m an affidavit filed, that he saw Mr. Spencer during his last ill· well remember his prostrated condition and how narrowly he escaped from ness and was called in as a consultinl! physician, and found him much emaci­ deat~. and they are men of good repute and have so test ified to me, T hat his ~b1c~rh~di~~nic diarrh~a and sutlering at the time from pneumonia, from herma was also a result.of the accident and the extreme de bility accompa nying the fever, I am fully satisfied, and I would respectfully urge a reconsidera tion Why this e¥idence is not accepted as satisfnctory by the Pension Office your of his case as that of a needy.and deserving man. committ-ee does. not. understand. These pbysicians.are reputable gentlemen, and Dr. Woodrmg 1s a member of the boar<;l of Umted States examining sur­ er!.ti~~t~~~:e~~;: from an interest in his welfare, and from no pecuniary consid- geons at Inde~ndence, Kans., appointed by this Administration, and stands Very respectfully, your obedient servant, . well as a physiman and gentleman. ALBERT H. BLANCHARD, M . D., There is also much other evidence filed, all tending to prove't hat Mr. Spencer's death was caused by his army ailment as well perhaps as by pneuruonin. One The COIDIIISSIONER OF PENSIONS.Late Surgeon Third Massachusetts Cat·al11f. W. H. H. Price, who is vouched for to your committee as a most honorable and reliable man, says, in an affidavit, that- • · The bill was laid aside to be reported to the Honse with the recom- , "He was intimately acquainted with Charles L. Spencer during his lifetime mendation that it do pass. · from abou~ Nov~m ber, 188~, to the time of his death, and for something near tw~ years of. sat~ penod !Ia w sa1d .Charles L. Spencer.almost every ~ay, and that from E~ELINE ANDERSON. the begmrung of mnd acquamtance he complamed of chrome diarrhea· liver and spleen troubles, resulting from exposure while in the Army as a soldier ir{ The next pension bill on the Private Calendar (consideration of which the military service of the United States, and for which above-named disability was asked by Mr. ANDERSON, of Kansas) was the bill (S. 2366) grant­ said sold}er wa.s pensioned. Affiant knows that the said soldier was very much ing a pension- to Mrs. Emeline Anderson. reduced lD strength and 1lesh during the entire period of affiant's acquaintance with him by reason of chronic diarrhea and liver trouble, a-s alleged by him The.. bill was read, as follows: and his syste?l fina~y became so impregnat-ed with disease as t.o produce a can: Be. it enacted, ~te., That the Secretary of th~ Interior be, and he is hereby, au­ cerous affectiOn, wh1ch was finally reduced and almost entirely eradicated some tbor~e~ a~d d1rected to place on the pensiOn-roll, subject to the provisions time prior to his death. · and hmitat10ns of the pensiOn laws, the name of Mrs. Emeline Anderson widow "Affiant visited d.eceased just prio~ to his deat?. and froll! the general ap­ of Jeff Anderson, late private in Company K, First Regiment Minnes~ta Cav­ pearance of the patient and the odor m the room JUSt precedtng his death be alry. bas every reason to believe that chronic diarrhea was the real cause of his death. Affiant derives his knowledge, first, from the fact of his intimate ac­ The report (by Mr. MORRII.L) was read, as follows: quain~ce wi~b deceased;. second, from experience by reason of having been Th~ Committ~e on Invalid Pef?sions, to whom was referred the bill (S. 2366) an actmg hospital steward m the Army and a thorough acquaintance with dis­ grant.mg a. ~ens1?n to Mrs. Emeline Anderson, submit the foilowing report: eases t_o which this man's se~med so closely allied; tl?-ird, from taking an in­ The facts m th1s case are fully and clearly set forth in the accompanying re- terest m t~e case and WR;tchu~g the progress. of ~he d1sease fo~ a long period; f~!tb~~t~:c~~!_~en~~~mittec on Pensions, which is adopted, and the passage of and he believes that soldier dted from chrome diarrhea, combmed with liver trouble, contracted in the military service oUhe United States." Sam~el N. West, another responsible witness, makes an affidavit much like LSenate Report No. 1015, Fiftieth Congress, first session.] Mr. Price's, and iu it he makes the following statement: . "The condition of the body (after death) was such that it was almost impos­ ~he hu~band of .clnimant under the J:>ill was late a. private in Company K, Sible to pt·epare the body properly, from the fact that his chronic diarrhea had Fnst Regu:nent M_mnesota ~avalry. ~hicJ;t was organtzed for and employed in made such rapid decay of the body that the odor was almost unbearable eyen tbe camprugn agamst the Sioux lnd1ans In 1862-'63, and while in such service aftet· using all the deodorizers possible to obtain." ' contracted asthma and heart disease, under circumstances which are detailed . Mr. Spencer left his family poor, and the claimant, with those children under in the affidavit of John Emerson, a. comrade, as follows: s1xteen years of age, is without means of support; and it is the judgment ot ".I was well ncqua.i'?ted with said Jeff. Anderson previous to enlistment, and your committee that the bill for the relief of this poor widow should pass. enhste.d at !he same time, about Novembe! 1,1862, 1!-nd occupie~ the same quar­ ters wtth h1m nt St. Peter and Kasota, Mmn., until the followmg spJ"ino- and The bill was laid aside to be reported to the House with the recom­ was with him on Samuel Sibley's Indian expedition in the summer of Isfl3' and mendation that it do pass. was discharged wilh him at Fort Snelling, Minn., November 28 1853 and ~fter­ wards been. living in the same settlement until he died, Septe~ber 27, 1879. I EDWIN E. CHASE. further testify, from personal knowledge, that said Anderson co»tracted a se­ The next pension bill on the Private Calendar (consideration of ver~ cold in the fall after enlistment at St. Peter, Minn., on acd5'unt of being obilged to do duty, exposed to the severe cold weathet·, without sufficient blan­ wh ~ ch was asked by 1\Ir. FuNSTON) was the bill (S. 2571) grantino>0 a kets and clothing. pension to Edwin E. Chase. "That said Anderson and myself enlisted with the expectation to recei>e Gov­ The bill was read, as follows: ernment clothing when we arrived at St. Peter, but got only one bla nket for each man, and received no clothing till towards spring, and we were obliged Be. il enacted•. etc., That the Secretary of ~he Interior ~e. and he is hereby, au­ to Jiv~ in a very cold building, and perform duty in very cold weather, without t~o~ize~ and directed t? place on the pensiOn-roll. subject to the provisions and suffi.ment clothes to wear or sleep under to keep off the cold. That said Ander­ lim1tat10ns of the penston laws, the name of Edwin E. Chase, late of Company son was. taken with a very s~¥ere cold, which resulted in asthma, and after­ B, Third Regiment Massachusetts Cavalry. wards hts heart became affected, and I remember he was doctored for the edis­ The repol"t (by Mr. .M:onRILL) was read, as follows: eases while we were in the Army. I knew said Anderson well after discharge and know the asthma trc;>ubled him more and more every year, so that the last The Committee on Invalid Pensions, to whom was referred ~he bill £S. 2571) ten or twelve years he lived he was unable to perform any lA.bor of anv kind granting a pension to Edwin E . Chase, submit the following report: whatsoever, and be was never free from heart trouble after discbar­ nlry, In August,1862; was thrown from h0rse while carrying a dispatch as or­ "I remember claimant was a Scandinavian and was troubled with a thmn. derly on the march from Barre's Landing, Louisiana, in May 1863 causing an and heart disturbance, the latter apparently functional at thA.t time. He often injury whi<;h resulted in rupture of the right side; was tak~n t~ hospital at reported at sick call for treatment, and my memory of his case was distinct as Brasllear C1ty, La., May 29,1863, and transferred to Barracks General Hospital there was nnusual congestive actionabouthislungsand be."l.rtin whatapp e.'\~ed ~ew Orleans, June 12.• 1863; was ~urloughed from there February 9,1864, and to be~ rec~nt case. After t-reating him for some weeks without much improve­ sent North to save llfe," as certified by surgeon. who also certifies that the ment tn hlS general symptoms, we were separated by order and I saw b i.:n no­ more." "soldier has done no duty for a year;" that "disease is still persistent-is un- "Dr. Foster, a practicing physician of thirty years, knew wltlier befoJ"c en­ fit for Inv~lid .Corps." Upon which claimant was discharged. · listment, and knew him as a stout, hearty man. He treated him i mmcdiately A~ apphcati~n for pens1?n was filed Nov~mber15,1880, but being unable to furmsb the evJden(,le reqmred by the Pens1on Bureau, the claim was rejected after his discharge in 1863 and in the following year for nsthma, which r esulted September 13,1883. This inability to procure testimony was due partly to death in heart disease, and with which he was badly afflicted, and this, in deponent's opinion, was the direct cause of his death. o~ oftic!lrs and partly to the fact that his injury occurred. while separated from "Knute Johnson lived near soldier before enlistment and after discharge; ~~:> ~egtm.ent O!l detached duty, and that he was taken dtrectly to hospital, not JOimng hlS regiment for duty thereafter while he remained in service. The.re knew him to be a strong, healthy man before, and that hesull"ered with asthma is, however, evidence of his soundness before enl1stment; of his presence in after discharge in 1863 to death in 1879; knows that he was tt·eated for asthma. active duty until the date of injury; of his confinement in hospital and on fur­ by Drs. Winch and Story, both dead. Understood him to have died of heart trouble brought on by asthma. lough until discharge, and of his aflliction with hernia after discharge and its "No more specific or official testimony wns furnished by claimant, citller of continuance to the present. sickness.in sen·ice or immediate cause of death, because the Adjutant-General's Include~ in this testimony is the certification of his disability by fifteen citi­ zens of cla1m:mt's home, and the following letter addressed to the Commissioner Office reports • regimental hospital records not on file' covering service, and the sparsely settled district of Minnesota in which soldier died rendered the at­ of Peusions by Dr. Albert H. Blanchard,late surgeon ofthe claimant's regiment tendance of a physician during last ilJ.Jiess and a coroner's inquest after death a voll.}ntary tribute of justice to an unfortu!Jate soldier: ' impracticable. But, lacking evidence of the highe t gmde , the available testi­ SHERBORN, MIDDLESEX COUNTY, MAssACHUSETTS, mony i,.!l direct, plain, and conclusive, and justifies the committee in a favorable October 16, 1883. report. SIR: Having been informed that the claim (No. -) of Edwin E. Chase Com­ "The bill is recommended for passage." pa!"JY B, Third Massachusetts Cavalry, has been rejected for want of sufficient The bill was laid aside to be reported the House with the recom­ evtdence, I would re pectfully t·epresent that Mr. Chase is one of those unfortu­ to Zl9.te persons who, deserving a pension, are unable, from tl1e circumstances in mendation that it do pass. • I

1888. CONGRESSIONAL RECORD-HOUSE: 6953

posure while in the line of his duty, and the malarial influences to which he ELVIRA M. DORMAN. was unavoidably exposed, and that he was a frequent patient of mine during The next pension bill on the Pri>ate Calendar (consideration of the time existing from the period of his discharge from the service to the period ' which was asked by Mr. RussELL, of Connecticut) was the bill (S. of his death. I shall do all in power to aid in the prosecution of a claim to secure pension for your mother. 2830) granting an increase of pension to Elvira M. Dorman. Yours, truly, The bill wa."' read, as follows: J. N. BATES, M. D. March Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ WoRCESTER, 9, 1880. thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Elvira M. Dorman, minor A sketch of the history, plan of organization, and operations of the United States child of James Dqrman, late of Company A, First Kansas Cavalry, and pay her Sanitary Commission, by Lewis H. Steiner, l\:1. D., late chief inspector Unite.d a t the rate of $14 per month, in lieu of that which she is now receiving. States Sanitary Commission, Army of Potomac. The report (by Mr. MORRII.L) was read, as follows: [Pamphlet, SO, pages 14; page 12.] The Committee on Invalid Pensions, to whom was referred the bill (S. 2830) [Read before the Maryland Historical Society, Febru:uy 1, 1866.] granting an increase of pension to Elvira M. Dorman, submit the following re- P:IIILADELPIDA, 1886. ~rl: - It is pleasant to know that the medical officers of the insurgents at different The report of the Senate committee sets forth the facts in this case. The spe­ times declared their grateful feelings for the supplies of the sanitary commis­ cial act under which claimant is now receiving a pension fixed the rate at SlO sion. One communication frout them, addressed to the commander-in-

The CHAIRMAN. The Chair will call the attention of the gentle­ The report (by Mr. MORRILL) was read, as follows: man to the fact that the regular order is d,emanded. Th~ Comm.ittee on Invalid Pensions, to whom was refened the bill (S. 2378} Mr. WILLIAMS. We can have the other way just as well and pass g1·antmg a pension to Nathau B. Rarick, submit the following report: The report of the Comm.ittee on Pensions of the Senate is hereby submitted enough pension bills. I can say that I am disinterested in the matter setting forth the facts in lhis case, and the passage of the bill is reco=ended.' as I have not a bill on the Calendar. . ' II. H. RuSSELL. SENATE REPORT. Nat~an B. Rarick, the claimant under this bill, enlisted August 21 1861 and The next pension bill on the Private Calendar (consideration of which was.diScha~d ~ugust.5, 1863. He was a private in Company F, Thirty-~inth was asked by Mr. FUNSTON) was the bill (S. 2909) granting a pension Reg~ent llJ.i?.ois. Vo_lunteers.. On January 20. 1864, he m ade application for penSion, allegmg m his declaration that, "at Folly Island, South Carolina April to H. H. Russell. 15, 1863, be contracted a. fever, which resulted in spinal irritation." The' claim The bill was read, as follows: was rejected 4-pril. ~· 1882, on. the gro~d "that tb~ alleged disability is not Be. it enacted,_elc., That the Sec1·etary of the Interior be, and he hereby is, au­ traceable to his military serVIce and ,h1s declared mability to furnish better thoriZed and directed to place on the pension-roll, subject to the provisions and proof." The c~ait;na~t su_b~equently filed an affidavit (March 8, 1882), in which limitations of the pension laws, the name of H. H. Russell, late of Company E ~~}~ates that his disab1llty wns not developed so as to be recognized in serv- Seventy-tifth Regiment Ohio Volunteer Infantry. ' The War Department reports "no record" of the alleged disability. The report (by Mr. MORRILL) was read, as foiTows: It appears from an examination of the papers that tl.:e claimant wns discharged The_ Committ«::e on Invalid Pensions, to whom was referred the bill (S. 2609) from the service, on a surgeon's certificate of d i ability, '' bcca.nse of gene1-ul de~ grantmg a pension to H. H. Russell, submit the following report: bility, ovel"age, and periodical attacks of diarrhea." The report of the Senate Committee on Pensions sets forth fully the facts in The testimony showing prior soundness is as follows: this case and is hereby adopted, with the recomm.endation that the bill p ass. It. L. Whitney •• worked with him before service; was then and had been throughout acquaintance with him strong and robust." T. R. Heald swears he was "specially free from spinal irritation." [Senate Report No. 986, Fiftieth Congress, first session.] On·in L. Mann swears "claimant was able-bodied and in good health." Hiram H. Russell enlisted in Company E, Seventy-fifth Regiment Ohio Vol­ Capt. Amasa Kennicorta swears "that iu the service claimant was always unteers, November 20,1851, was promoted to sergeant of his company and was able for ~uty between August, 1 61, and August, 1862," which is corroborated discharged from the service of the United States August 28, 1862. He subse­ also by Lieutenant Mann, who swea.t·s "he was discharged for disability." quently served as assistant surgeon of the One hundred and thirty-eighth Ohio After his discharge, R. L. Whitney swears that he came hon::e feeble ancLdis­ Volunteers _from June 11, 18~, to September 1, 1864, and from April7, 1865, to qual!tied for manual labor. When first met after discharge claimant was under June 12, 1865, he served as a sststant surgeon of the One hundred and first Ohio medwal treatment. The physician (nowdead) toldaffiantthatcln.imant'sdeath Volunteers. It appears from the papers in the case that the claimant has made wa caOJsed by overexertion and exposure. . two a:pplica.tions f01· pension; in the first, filed 1\Iarch 30, 1872, he alleges that he T . R. Healdswe:ns to an intimate acquaintance with claimant from discharge was discharged on the ground that he had the chronic diarrhea, and that he was to October 31, 1881, and has "personal knowledge that he was suftering with 'vounded by a gunshot wound about June 10. 1862. In his second declaration some spinal affection at date of retru·n from service and has been ever since." filed l\Iay 14, 1m, he claims pension "for dise:tse of bladder, from exposur~ The claimant swears that 11 the physician§ who treated him for his disability in West Virginia, in !\!arch, 1862." are dead except Dr. Goucher, who is now mentally incapacitated as well as The Con;tmission_er o.f Pensions, June 30,1884, rejected the claim, after a thor­ physically, and therefol"e unable to testify; that his disability was only de,.·el­ ough speCial exammationt on the ground •• that tile disease of bladder for which oped as spinal disease after discharge, and that his neighbors know nothing of pension is claimed existea prior to enlistment." his ca e only as he has told them. The certificate of disability on which the soldier was discharged is a.s follows: There being no objection, the bill was laid aside to be reported to "I certify hat ,I have carefullyexam~ed _the said Hiram H. Russell, of Captain the Honse with the recommendation that it do puss. James D. Fosters company, and find him mcapable ofperformin"' the duties of ~ soldier because of chronic inflammation of the bladder of tw~ years' stand­ WILLIAM B. STOKES. ~~e t~u~t~t~~5~eclare my belief that said soldier will not again be able tore- :Mr. HOUK. I want this House to hear me for half a minute. " S. LOVING, Surgeon." Several MElli.BERS. Regular order. "Discharged this 28th day of August, 1862, at Columbus, Ohio. 1\Ir. HOUK. I want to cqll up a bill for the benefit of an olcl ex­ ".t\ . B. DOD member of this body, a man who was here for ten years. He was a • "Captain Fift ee n.U~ U. 8. Infantry, Commanding the Post." colonel in the Federal .Army, and be is now lying at the point of death In support of his claim the claimant bas produced the followinoo testimo~y· in poverty aud distress. I mean Col. William B. Stokes. of Ten­ Dr. Charles L. Wilson, as istant surgeon, testifies to prior sound~ess. Claim~ ant was a. student in his office prior to enlistment, and affiant was his father's nessee. I ask unanimous consent that this bill be taken up and passed family physician. at this time. It will not be reached on the Calendar, and as the old Capt. J.D. Foster swears that claimant, in the spring of 1862, contracted disease · of bladder, so as to disable him from duty for some time. man is in poor circumstances and on the verge of the grave, I hope no Dr. McFarland testifies to treating_claimant since 1867 for disease of bladder. objection will be made. Th~ clai_mant (wh

It appears that after his death it came to the knowledge of the widow that the The report (by Mr. PIDCOCK} was read, as follows: soldier was previously married, in April.l863; that he lived with his former The Committee on Invalid Pensions, to whom was referred the bill (H. R. wife for about three months, when she deserted him and again married. .As 5232) granting a pension to Andrew Macklin, have had the same under consid­ the claimant can not,Prove that the soldier obtained a divorce from the first wife eration, and beg leave to submit the following report : before her marriage with him she has no legal status before the Pension Bureau • .1\Iucldin served as a private in Company C,Fifth United States Artillery, from She innocently entered into marria~e relation with the soldier, lived with .January 22, 1862, to January 22, 1855. He alleges that in action at Bull Run, him, performing her wifely duties and believing- herself to be his legal wife for August 30, 1862, he was wounded in right leg aud abdomen. The claim bas been over twenty-one years, becoming in the mean time the mother of four children rejected because the evidence is not deemed sufficient to show incurrence of by him, the youngest yet under eleven years of age; and inasmuch as she is wound of leg in service, al'ld medical examinatiqn fails to show any disability not entitled to pension under the general law, and Congress basin similar cases from wound of abdomen. granted relief to this unfortunate class of claimants, your committee al'e of The record of the War Departm·ent shows that soldier was under treatment opinion that like relief should be extended to this claimant, and therefore re­ for gunshot wound shortly after the aforesaid battle, and remained under treat­ port favorably on the accompanying bill, and ask that it do pass, amended, how­ ment for three months. He was subsequently treated for disability, and still ever. by striking out the word "fourth," in line 6, and insert thea:ein instead the later for rheumatism. The record, howe\er, does not locate the wound for word "fifth." which treated. The claim has been specially examined, and while it is true that the few avail­ The amendment recommended by the Committee on Invalid Pen­ able comrades are not positive as to the nature of the wound received, tkey seem sions was agreed to. to recollect of an inj nry of that character in the service, but differ as to the loc~ The bill as amended was laid aside to be reported to the House with tion of the same. Joseph Huns burger, shown by the special examiner to be a credible witness, the recommendation that it do pass. ~ testifies that while in Washington in the winter of 1863, looking after his son, he found claimant at a Geoq;etown hospital, who was then walking lame and MRS. HELEN B. BROWN. showed affiant the wound of leg. The next p~nsion business on the Private Calendar (called np for con­ RobertJ. Reimen likewise testifies to having seen the soldier in Mount Pleas­ ant Hospital about December, 1862, and that he was then suffering u:om a sidemtion by-yr. DINGLEY) was the bill (H. R. 9697) granting a pen­ wound. • sion t,o Mra. Helen B. Brown. It is further shown that for three years or more after discharge claimant was The bill was read, as follows; treated for the wound by Dr. Klinefelter, now deceased, and that he was com­ pelled to walk with a cane. Be it enacted, ete., That the Secretary of the Interior be, and hereby is, author- · 1\Iedica.l ex11.minations show gunshot wound of right leg, middle third., en­ i:r:ed and directed to place on the pension-roll, subject to the oension laws, the trance just outside oftibia, course backward, and lodged near posterioroftibia; name of Mrs. Helen B. Brown, widow of George H. Brown, deceased:late a small splinter of tibia removed, tenderness and slight atrophy of muscles. private of Company B, First Maine Cavalry Volunteers. Upon a careful examination of all f.he evidence, your committee are of opin­ The report (by Mr. GALLINGlrn) was read, as follows: ion that evidence furnished, taken in connection wit.h the record of the \Var Department and the finding of the ex:atnination by the surgeons of the Pension The Committee on Invalid Pensions, to whom was referred the bill (H. R. 9697) Bureau, shows beyoncl any reasonable doubt that claimant was wounded in granting a pension to Mrs. Helen B. Brown, having considered the same, report the leg as alleged, and that he has been and is now disabled therefrom, not­ as follows : . withstanding the negative character of some of the testimony taken by the Claimant is the widow of George H. Brown, late a. private in Company B, First special examiner, and therefore report favorably on the accompanying bill, and Maine Cavalry Volunteers. Soldier enlisted December 29, 1863, and was dis­ charged for disability May 26, 1865. During his army serviee. he suffered from · ask that it do p:~Ss. an alleged injm·y to the back from a fall from his horse, eauaing kidney and There being no objection, the bill was laid aside to be reported to the hear~ trouble, and was also severally wounded at the battle of Spottsylvania., for Honse with the recommendation that it do pass. which he was pensioned. The papers on file show that soldier was never strong after discharge from the Army, and that he died January 10, 1887. The widow JOHN LEARY. filf'cd a claim for pension, which was finally submitted foP special examination at Augusta, Me. The next business on the Private Calendar (called np for considera­ The testimony taken by the special examiner was all f'a"'."orable to the ril1, 1864. He was in the service in all about fore does noli affect the status of the case, and my opinion remains unaltered, ten years. namely, that in equity the clai:m of the widow should be admitted.. " "'l'he soldier died on December 8, 1872. He left surviving him the claimant, Notwithstanding the opinion of the medical examiner, the claim was rejected as widow,and four children. All of these except one are now over pensionable on technical medical grounds; but your committee, agreeing with the special age. Their claim for pension was rejected. The widow afterward married a examiner, that the equities are in favo-r of the claimant, who is an invalid widow man by the name of Leo. who has since died, leaving her for the second time of a good soldier, report the bill back favorably and recommend its passage. a widow. Neither husband was a man of any means. She now claims a pen­ There being no objection, the bill was laid aside to be reported to sion for the service and death of her first husband. Leary, the soldier, died in Washington, December 8,1872, of pneumonia, as it is certified. the Honse with the recommendation that it do pass. "We find that during his military service he was treated for rheumatism, for incised wound, for .diarrhea, for ambustio, for chronic articular rheumatism. PATRICK FRAWLEY. Medical and other testimony shows that at the time of his discharge and after­ Mr. CARUTH. On page 68 of the C'a.lendar there is a bill that has ward he was suffering from lung troubles, appeared consumptive, was treated for the same, and we think it most probable t~at he died from the effects and re­ been passed over which I desire to call up. It is the bill (S. 2656) sults of disease incurred while in the service. granting a pension to the widow and minor children of Patrick Frawley. "The widow is now over forty years old, very poor, dependent upon her The bill was read, as follows: daily labor for support. "We recommend the passage of the bill." Be it enacted., de., That the Secretary orthe Interior be, and he is he?eby, au­ thorized and direct-ed to place npon ~he pension-roll the names of the widow There being no objection, the bill was laid aside to be- reported to smd minor children of Patrick Frawley, late a private in Company C, Tenth the House with the recommendation that it do pass. Regiment Ohio Volunteers., subject to the limitations and restrictions of the pension laws. ' LUCY A. JORDAN. The report (by Mr. HUNTER} was read, as follows: The next pension business on the Private Calendar ( cal!ed up for con­ The Committee on Invalid Pensions, to whom was referred the biii (S. 2656) sideration by Mr. MORRILL) was the bill (H. R. 9463) granting a pen­ g-ranting a pension t-o t-he widow and minor children of Pn.trick Frawley, have sion to Lucy A. Jordan. had the same nuder consideration, and adopt the Senate favorab-le report as their own, and which report is as follows: The bill was read, as follows: "That the claimants are tbe widow and children of Patrick Frawley, deceased, Be it enacted, etc., That the Secretary of the Interior be, and he is hereby au­ late-a private in Company C, Tenth Regiment Ohio Volunteer Infantry, in the thorized and directed to place on the pension-roll the name of Lucy A. Jordan, war of 1851. widow of James "\V. Jordan, late of Company C, Fourth New Hampshire Vol­ "The soldier enlisted September 23, 1863, and served until February ll, 1864, unteers, subject to the provisions and limitations of the pension laws. when he was discharged upon account of disability incurred by a wound by gunshot in left arm, received at the battle of Perryville. He died at his home, The report (by Mr. GALLINGER) was read, as follows: in Cincinnati, 1\Iarch 26, 1883, of pulmonary consumption. The Pension Bureau Th~ Committ":e on Invalid Pensions, to whom was referred the bill (H. R. 9463) rejected the claim of the }Vi.dow for the reason that his disease and death were grantmg a penSlon to Lucy A. Jordan, have had the same under consideration not traceable to his military service. and beg leav-e to submit the following report: ' ''The soldier was a. pensioner at the time of his death, at the rate of SlO per The beneficiary named in the bill was married to James W. Jordan late pri­ month, upon account of his said wound. His personal acquaintances testify vate of Company C, Fifth Regiment New Hampshire Volunteers, Feb~uary 18 that up to and at the time of his enlistm.ent he was a stout, hardy, robust man ; 1866. .Jordan died of phthisis pulmonalia June 30,1887, being at that date a pen: that at the time of his return from the service he was suffering from his wound, sioner for said disease at the rate of$1.6 per month. and soon after from a hacking cough. which was induced by was~e o.f the ays- 6956 CONGRESSIONAL RECORD-HOUSE. JULY 27,

tem from the wound, which never healed-remained a. running sore until his same to such an extent that he was unable to withstand the effect of a severe death; that he could not work at his trade, that of a. glass-blower, being weak, injury or disease, as another person would who had a healthy system. and unable to do anything but very light work. "I also declare that on the 23d of November, 1880, the said Eben P. S. Reed "The medi~·al testimony is to the same effect, nnd his condition grew worse was struck in the right groin by a small board that was thrown from a buzz­ until he died . . The physician in his last illness testifies that his wound was still saw, making a flesh wound of some 4 inches, and soon after was dressed by Dr. discharging pus; that the cough and consumption of his latter life were due to A. V. Patterson. who, so far as the wound was concerned, expected a speedy the incurable condition of the wound, the virus of which had permeated the recovery, not considering the wound one of a. serious nature. I saw him on the whole .system. . . 24th about twenty-four hours after the reception of the wound, and erysipelas "The widow is in very necessitous circumstances, without means or expecta­ had then developed. I visited him again on the 25th with Dr. Patterson, and tion of any; and, believing that the wound was certainly the cause of the sub­ despite all exertions we could make he sank rapidly and died that afternoon. sequent disease and death of the soldier, your committee recommend the pas­ The vitiated and weakened condition of his physical system, the result of army sage of the bill." exposure and disease, in my judgment, invited the erysipelatous inflammation which he was unable to endure." There being no objection, the bill was laid aside to be reported to Dr. A. V. Patterson, in an affidavit filed on the 4th day of Feb1·uary, 1681, the House with the recommendation thut it do pass. say~: . "On the afternoon of November 23, 1880, I was requested to visit the said LYDIA HAWKINS. Eben P. S. Reed, in consequence of an injury he had sustained from a board thrown from a. circular saw running in the works of the Mansfield Lumber and 1\fr. CARUTH. I desire to call up also the next bill on the Calen­ Building Company, at which he was employed. I found a cut through the in­ dar, heretofore passed over, the bill (S. 2655) granting a pension to Lydia tegument of about 3 inches in length, in the right groin. No considerable con­ Hawkins. t.using beneath was apparent; no shock. Seemed cheerful, though suffering some pain. I approximated the lips of the wound with a few int~rruptecl sut­ The bill was read, as follows: ures, and sent him home. His family physician, Dr. George Mitchell, saw him Be {t enacted, elc., That the Secretary of the Interior be, and ~e is hereby, au­ on the next day. thorized and directed to place on the pension-roll, subject to the provisions and "I saw him again on the 25th. An erysipelatous condition had rapidly devel­ limitations of the pension laws, the name Lydia Hawkins, widow of Richard oped. He died in a few hours after, on the afternoon of the 25th of November, Hawkins, late private in Company D, Fifty-seventh Regiment of Ohio Volun­ 1880. I examined his lungs at this last visit, and found them fast tilling up. I teers. have no doubt the disabilities incurred during his service in the United States Volunteer Army, and for which he wns pensioned, rendered him an easy victim The report (by Mr. HUNTER) was read, as follows: to the injury which was the immediate cause of his death." Th~Committee on Invalid Pensions, to whom was referred the bill (S. 2655) It will be ob~ed that while the medical examiner says that "it is not granting a. pension to Lydis Hawkins, have had the same under consideration, thought that the office would be warranted in accepting death as a result of dis­ and adopt the Senate favorable 1·eport a.s follows: abilities for which pensioned," he substantially admits that" the chance for re· "The claimant is the widow of Richard Hawkins, deceased, late a. corporal in covery might have been better had soldier been in perfect health when injury Company D, Fifty-seventh Regiment of Ohio Volunteer Infantry, in the war of was received." It will be noticed, also, that he ()nly claims that the wound con­ 1861. tributed to the death, and not that it was the sole cause of the death. Tliis ap­ "The soldier enlisted December 1, 1861, and served until July 29,1863, when pears in the use by him of the following language: he was discharged as not tit for service, and unable for duty even upon the In­ "The wound must be considered at least an important factor in death cause." valid Corps. He died at his home in Cincinnati, August 20, 1866. He seems to proceed UpGn the theory that if the disability for which the sol­ "The claim Wl).S reject~d by the Pension Bureau upon the ground that his dier was pensioned only contributed to the death, and was not the sole cause of mortal illness was not due to his military service. The testimony of his neigh­ it, the pension ought not to be granted. This may be a safe rule for the Pen­ bors is that he was a sound, healthy man before and at the time of his enlist- sion Office to adopt, but it does not seem to us to ~ be the one that Congress should ment. · act upon. It seems to your committ~e that if the disability incurred in the "The testimony of Lieutenant Banks and others, his comrades, shows that service contributed materially to the death, U should be considered as the cause ln April, 1862, he was attacked with what afterwards pt·oved to be chronic diar­ of the death, so far at least as the granting of pensions is concerned. A very rhea.; that he was sent to the hospital for treatment thereof; that although he apt illustmtion of this principle is found in the common law rule that a person returned to duty, he never recovered; that he at last grew worse, and being contributing dizectly by his negligence to an inJury to another is liable sever­ always unwell, was discharged for disability. ally to that other, notwithstanding the contribution to the injury by some other "His neighbors ~tify that upon his return he was in bad health, taking medi­ person or some other course. cine all the time, unable to work, thin and emaciated; was suffering from some­ Not only does the medical examiner substantially aW:nit that the pensioned thing like flux or disease of the bowels. Dr. Green, the physician in his last disability contributed or might have contributed to the fatal result; but it will illness, swears that from 1865-July of that year-he treated him once every four be observed that the two doctors who knew the soldier and his physical condi· or six weeks, until he died, for chronic diarrhea; that he died of Asiatic cholera, tion before he received the wound, and who were in attendance upon him, sub­ nuperinduced by the diarrhea, from which he had suffered a 'long time pte­ stantially, all the time from his receiving the wound to his death, concur in the vi.ous to his death.' opinion that the soldier's system has been "vitiated and weakened" by the "Your committee think the disease incurred in the service was the cause of s1ckness he had in the Army "to such an extent that he was unable to with­ the soldier's death, and therefore recommend the passage of the b{U." stand the e.ffect of a severe injury or disease, as another person would who had a healthy system," and that "the vitiated and weakened condition of his physi­ There being no objection, the bill was laid aside to be reported to cal system, the result of army exposure and disease, invited the erysipelatous the House with the recommendation that it do pass. • inflammation which he was unable to endure." There is no clajm by the examiner nor by the referee that the pensioned dis­ MRS. CATHARINE REED. ability could not have resulted pathologically in such "vitiated and weakened condition." The next pension business on the Private Calendar (called up for In the light of the evidence in this case, your committee are clearly of the consideration by Mr. WICKHAM) was the bill (H. R. 7717) granting a opinion t-hat a pension should be granted to this widow, who is very poor and pension to Mrs. Catharine Reed. needy, and they do therefore recomQJ.end the passage of the accompanying bill. The bill was r~d, as follows: There being no objection, the bill was laid aside to be reported to Be it enacted, etc., Tha~ the Secretary of the Interior be, and he is hereby, au­ the House with the recommendation that it do pass. thorized and directed tO place on the pension-roll, subject to the provisions The bill was laid aside to be reported to the House with the recom­ and limitations of the pension laws, the name of Mrs. Catharine Reed, widow of Eben P. S. Reed, late of Company DP One hundred and second Regiment of mendation that it do pass. Ohio Volunteer Infantry. :M:r. WASHINGTON. I move that the committee rise and report to The report (by Mr. THOMPSON, of Ohio) was read, as follows: the House the bills acted on this evening. The Committee on Invalid Pensions, to whom was referred House bill 7717 The motion was agreed t.o; there being-ayes 17, noes 8. beg leave to submit the following report: ' The committee accordingly rose; and M:r. ANDERSON, of illinois, hav­ Mrs. Catharine Reed is the widow of Eben P. S. Reed, late a private in Com­ ing resumed the chair as Speaker pro tempore, Mr. DocKERY reported pa.ny D, of the One hundred and second Regiment Ohio Volunteeri.nfantry. He was pensioned on or about August 18, 1879, at one-half ($4) per month for left that the Committee of the Whole House, having had under considera­ inguinal hernia, and at one-quarter (S2) per month for lung disease from De­ tion the Private Calendar, had directed him to report sundry bills with cember 17, 1&62, to March 23, 1878, and thereafter at one-half {S4), or aggregat­ various recommendations. ing S8 total. On tbe 23d of November, 1880, the soldier received an injury from a piece of HOU~ BILLS PASSED. board thrown from a circular saw running in a factory where he was employed, causing a flesh wound some 4 inches in length in the right groin, of which he House bills of the following titles, reported from the Committee of died on the afternoon of the 25th of the same month. The widow applied for a. pension on the 7th day of February followi.ng, al­ the Whole House without amendment, were severally ordered to be en­ leging that her husband died from the vitiated and weakened condition of his grossed and read a third time; and being engrossed, they were accord­ physical system, the result of his army exposure and lung disease. Her claim ingly read the third time, and passed: was rejected November 15,1881, on the ground that the immediate death cause­ the injury caused by a board thrown from a buzz saw-did not originate in the A bill (H. R. 9557) for the relief of Mrs. Margaret Longshaw, de­ service, nor was it a. sequela of his pensionable disabilities. On appeal the case pendent mother of William Longsharw, late assistant surgeon United was referred to a medical ex.aminer, who made the following recommendation: States Navy; "The evidence in this case shows that soldier while working in a saw-mill received a. wound in the righ~ groin. Erysipelas appeared in the wound, and A bill (H R. 6848) for the relief of Elizabeth A. South; two days later the soldier died. While the chance of recovery might have been A bill {H. R. 3710) granting a pension to Samuel Piercy; better had claimant been in perfect health when injury was received, the A bill (H. R. 9399) granting a pension to Albert 0. Robb; wound must be considered at least an important factor in death cause, and it is not thought that the office would be warranted in a.ccepting death as the re­ A bill (H. R. 783) granting a pension to M:rs. Nancy E. Spencer; sult of disabilities for which pensioned." A bill (H. R. 8617) granting a pension to Henry Crotsley; To which the medical referee added the followiug opinion: A bill {H. R. 5232) granting a pension to Andrew Mucklin; •• Death cause due to the injury and results thereof; not to pensioned disa­ bilities." A bill (H. R. 9697) granting a pension to Mrs. Ellen B. Brown; and Dr. George Mitchell, in an affidavit dated February 3,1881, says: A bill (H. R. 7717) granting a pension to Mrs. Catharine Reed. "I was assistantsurgeon of the One hundred and second Regiment Ohio Vol­ House bills of the following titles, reported from the Committee of unteer Infantry and knew Eben P. S. Reed, a private of Company 0, of said the Whole House with amendments, were severally taken up, the amend­ regiment, who was ruptured while in line of duty~ and afterward was taken sick with pneumonia and a. low form of fever, and that he was discharged the ments coucnrred in, the bills as amended ordered to be engrossed and service on account of disability. I was mustered out of service with the regi­ read a third time; and being engrossed, they were accordingly read ment in JuJy,l865, and since then have been his medical adviser the major par~ the third time, and passed: of the time; and I declare further that to the best of my knowledge and belief he has never fully and perfectly recovered from the effects of the sickness he A bill (H. R. 9704) granting a pension to Martha F. Lee; had in the Army, and that his system has been vitiated and weakened by the A bill (H. R. 9792) to increase the pension of Charles S. Baker; 1888. . CONGRESSIONAL RECORD-HOUSE. "6957

A bill (H. R. 2507) granting a pension Russel L. Doane; of Peck, late of Company E, Twentieth Regiment Ohio Infantry Volunteers, and to pay to him a pension of $50 per month, in lieu of the pension he is now receiving. Salinac County, Michigan; A bill (H. R. 775) granting an increase of pension to John D. Jones; The report (by Mr. MoRRILL) was read, as follows: The Committee on Invalid Pensions, to whom was referred the bill (H. R; A bill (H. R. 9463) granting a pension to Lucy A. Jordan; 8912) granting an increase of pension to Almeron J. Patchin, submit the follow­ A bill- (H. R. 9795) granting a pension to Nathaniel Francis (title ing report: amended so as to read: ''A bill to restore Nathaniel Francis to the pen­ This soldier is now receiving a pensioa of $30 per month for gunshot wound sion-roll;") and in right arm, received July 2:7,1864, in front of .Atlanta. Th~ wound was a. se­ vere one, and necessitated the resection of 31 inches of the humerus, rendering .A.· bill (H. R. 333) granting a pension to Catharine Busey (title the arm and hand useless. amended by striking out "Busey" and insertmg "Bussey.") Dr. N. S. Newlan, in describing the wound in a recent affidavit, says: ' ' There is and has been no bone found in the humerus where the ball passed . SENATE DILLS PASSED. through. The upper end of the lower fragment of humerus is rough and cut­ ting, at times coming through to the surface, causing chills and epilepsy and a Senate bills of the following titles, reported from the Committee of loss of mind p artially, and rendering an attendant constantly necessary to pre- the Whole House without amendment, were severally ordered to a third vent injury to himself in the fits." • The -act of August, 1886, w bile it increases the pension for loss of arm at shoul­ reading, read the third time, and passed: der-joint, made no provision for equivalent disability, and the Pension Office A bill (S. 2449)'granting a pension to James W. Bowman; can therefore afford no relief unless it can be shown that the epilepsy is there­ A bill (S. 2124) granting a pension to John Bush; sult of the wound, and that the regular aid and attendance of another is re­ quired. It is evident that t.he results of the wound are equal if not worse than A bill (8. 1762) granting a pension to Benjamin· A. Burtram; a healthy amputation at the shoulder would be. A bill (8. 2448) granting a pension to Catharine McQuade; Your committee therefore recommend the passage of the bill with an amend­ A bill (S. 2520) granting a pension to James White; ment striking out" fifty," in line 7, and inserting "forty-five." A bill (S. 2653) granting a pension to Mary Curtin; Mr. WASHINGTON. I object to the passage of that bill. This A bill (S. 5) granting a pension to Mrs. Margaret Gallagher; man can apply under the general law at the Pension Office. A bill (S. 2313) granting a pension to Ellen J. Snedaker; Mr. PERKINS. No, the gentleman is mistaken; be can not. A bill (8. 1575) granting an increase of pension to William Wallace Mr. MORRILL. · It is a peculiar caseandonewhich often arises, as Young; members of the committee well know, where the injury is worse than A bill (S. 2413) granting an increase of pension to Ernst Hein; amputation at the elbow-joint. The wound necessitated the resection A bill (S. 2571) granting a pension to Edwin E. Chase; of 3! inches of the humerus, rendering the arm and hand useless. He A _bill (S. 2366) granting a pension to 1\Irs. Emeline Anderson; does not come under the general law. The old law made provision for A bill (S. 2830) grantinganincreaseofpension toEhiraM. Dorman; equivalent disability, but the act of August, 1886, unfortunately does A bill (S. 2779) granting a pension to Eliza M. Scandlin; not. He therefore can not apply to the Pension Office, but is compelled A bill {S. 2700) granting au increase of pension to Allen Gletben; to come to Congress. A bill (S. 2609) granting a pension to H. H. Russell; . Mr. WASHINGTON. I withdraw my objection. A bill (S. 2578) granting a pension to Nathan B. Rarick; ~he amendment was agreed to; · and the bill as amended was laid A bill (S. 1076) granting n peDBion to the widow orJohn Leary, de­ aside to be reported to the House with the recommendation that it do ceased; p~. . A bill (S. 2656) granting a pension to the widow and minor children Mr. LAWLER moved that the committee rise. of Patrick Frawley; and The motion was agreed to. A bill (S. 2655) granting a pension t.o Lydia Hawkins. · The committee accordingly rose; and Mr. ANDERSON, oflllinois, hav­ Mr. MAT.SON moved to reconsider the several votes by which the bills ing taken the chair as Speaker pro tempore, Mr. DOCKERY reported reported from the Committee of the Whole Honse were passed; and that the Committee of the Whole House bad had under consideration - also moved that the motion to reconsider be laid on the table. the Private Calendar under the special order, and particularly the bill The latter motion was agreed to. (H. R. 8912) granting an increase of pension to Almeron J. Patchin, and had directed him to report the same back to the House with an ORDER OF BUSINESS. amendment, and with the recommendation that the bill as amended Mr. MATSON. I move that the House do now adjourn. be passed. The question was put to the Honse. The bill (H. R. 8912) granting an increase ofpension to Almeron J. The SPEAKER pro tempore. The noes seem to have it. Patchin was taken np, the amendment of the Committee of the Whole Mr. MATSON. I ask for a division. agreed to, and the bill as amended was ordered to be engrossed and The House divided; and there were-ayes 5, noes 24. read a third time; and being engrossed, it was accordingly read the So the House refused to adjourn. third time, and passed. lYir. LAWLER. I desire to make a proposition. Ur. PERKINS moved to reconsider the vot-e by which the bill was Mr. MATSON. I demand the regular order. passed; and also moved that the motion to reconsider be laid on the Mr. CHEADLE. I rise to ask, by unanimous consent, that mem­ table. bers present who have not had bills considered to-night shall have the The latter motion was agreed to.- privilege, by unanimous consent, each one of calling up a bill for con­ The hour of 10.30 o'clock p. m. having arrived, in a{lcordance with sideration. the previous order, the Honse adjourned. · Mr. AIATSON. I demand the regular order. The SPEAKER pro tempore. The demand for the regular order cuts PRIV .ATE BILLS INTRODUCED .AND REFERRED. off all requests for unanimous consent. . Under the rules private bills of the following titles were introduced Mr. MATSON. I move that the House resolve itself into the Com­ and referred as indicated below: mittee of the Whole on the Private Calendar. By :Mr. CHIPMAN: A joint resolution (H. Res. 207) authorizing Mr. WASHINGTON. I move, by unanimous consent, that the House the Secretary ofWar t.o causeareport to be made ofthe pradicability discharge the Committee of the Whole from the further consideration and necessity of a winter bridge across the DetroitRiver-to the Com­ of the bill-- mittee on Commerce. Mr. MATSON. I demand the regular order of business, which cuts By Mr. J. A. ANDERSON: A bill (H. R. 11008) granting a pension off all requests for unanimous consent. I insist upon my motion that to John Smith-to the Committee on Invalid Pensions. the Honse resolve itself into committee for further consideration of the Also, a bill (H. R. 11009) granting a p-ansion to James Calnon-to special order. the Committee on Invalid Pensions. Mr. LAWLER. I demand a division on that motion. Also, a bill (H. R. 11010) t.o restore to the pension-roll the name of The House divided; and there were-ayes 22, noes 4. Almon R. Blodgett-to the Committee on Invalid Pensions. So the motion was agreed to. - By 1\!r. W. C. P. BRECKINRIDGE: A bill (H. R. 11011) for the The House accordingly resolved itself into Committee of the Whole relief of Samuel S. Haynes-to the Committee on Claims. Honse, Mr. DOCKERY in the chair. By Mr. CHEADLE: A bill (H. R. 11012) granting a pension to Will­ The Clerk proceeded to call the Calendar. iam A. Dennis-to the Committee on Invalid Pensions. Mr. WASHINGTON. A number of gentlemen have come here night By Mr. CHIPMAN: A bill (H. R. 11013) for the relief of Sarah E. after night to assist others in getting through pension bills, bnt so far Bodle, widow of Charles W. Bodle, dece2Sed-to the Committee on In­ have had themselves no recognition whatever. In behalf of these valid Pensions. gentlemen I ask they be allowed the court-esy of recognition by unan- imous consent. . By Mr. COOPER: A bill (H. R. 11014) granting a pension to Jesse Lovell-to the Committee on Invalid Pensions. - .M:r. MATSON. I demand the regular order of business. By Mr. GEAR: A bill (H. R. 11015) granting a pension to Mathew .A.Ll\IERON J. PATCHIN. Edmondson-to the Committee on Pensions. The next business on the Private Calendar (the consideration ofwhich Also, a bill (H. R. 11016) granting a pension to Louisa Neal-to the was requested by Mr. PERKINs) was the bill (H. R. 8912) granting Committee on Invalid Pensions. an increase of pension to Almeron J. Patchin; which was read, as fol­ By Mr. McCULLOGH: A. bill (H. R. 11017) granting a pension to lows: .John Adams. . Be i t enacled, etc., That the Secretary of the Interior be, and he Is hereby au­ By Mr~ NELSON: A bill (H. R. 11018) forthereliefofL. H. Berg­ thorized and directed to grant an increase of pension to Almeron J. Patchin, to the Committee on War Claims. /

6958 CONGRESSIONAL RECORD-SENATE. JULY 28,

By :Mr. POST: A bill (H. R. 11019) granting a pension to Bridget Mr. WILSON, of Iowa. The names also. Lynch-to the Committee on Invalid Pensions. The PRESIDENT pro tempore. The Chair hears no objection, and Also, a bill (H. R. 11020) granting .a pension to Amos Baccus-to it is so ordered. the Committee on Invalid Pensions. The memorial was referred to the Committee on Foreign Relations, By Mr. ROCKWELL: A bill (H. R. 11021) to increase the pension and ordered to be printed in the RECORD, as follows: of Charles Hahneman-to the Committee on Invalid Pensions. To the Senate and House of Representatives of the "United States: By Mr. SHJYELY: A bill (H. R. 11022) granting a pension to Ben­ The undersigned citizens of Pennsylvania. have been appointed, five of them jamin F. Bevier-to the Committee on Invalid Pensions. by the governor of the State and five by the Pennsylvania. Branch of the Ameri· can Peace Society, for the purpose of endeavoring to further the adoption by the By Mr. STO~TE, of Kentucky: A bill (H. R. 11023j authorizing the United States Government of the proposition emanating from over one-third pf Secretary of War to place the name of John H. Young on the roll of the members of the British House of Commons, for the permanent abandon· Company C, Eighteenth Regiment Kentucky Volunteers-to the Com­ ment of war as a. means of settling differences between the two countries. We need not recount the arguments which have already been addressed to mittee on Military Affairs. you from different quarters in favor of this measure; nor t-he evidences, de­ By Mr. YODER: A bill (H. R. _11024) to place the nameofMaryR rived from scores of successful experiments, and covering half a century, that l!IidP"', widow of Michael ~·1ider, on the _pension-roll-to the Commit­ war can be prevented by a rbitration, whenever a. nation is just in its intentions. In more than half of these cases the United States has been one of the parties tee OL. in-valid Pensions. and has set a noble example to the rest -of the world, which is moro and more appreciated and followed as the years pass by. It is eminently fitting that this , PE TITIONS. ETC. industrial, commercial, and professedly Christian country should be the pioneer in this movement, so becoming the nineteenth century and so consonant with The following petitions and papel"S were laid on the Clerk's desk, the teachings of the Prince of Peace; and in our opinion it is more appropriate under the rule, and referred as follows: that she should take the initiative in the present forward ste9 in favor of a per­ manent treaty of arbitration than that any other nation should. "By Mr. ADAMS: Petition of business men of Washington, D. C., It has been ur~ed by way of objection that there is no necessity for this be­ for printing 10,000 copies of the argument of John Pope Hodnett-to tween the United States and the Unit.ed Kingdom. But' two disastrous wars the Committee on Printing. have occurred between those natioru1 since the middle of the last centur.y, and there have been at least two narrow escapes from war between them within By Mr. J. 1\f • .ALLEN: Petition of P. N. Shields, of Matilda Reid, the last quarter of a century. It is also significant-that these were both averted and of Mrs. M. L. Kennon and Joby .Bonsall, heirs of John H. Joby, by arbitration. of Mississippi, for reference of their claims to the Court of Claims-to The fact, however, that there is less likelihood of war between them than be­ tween other nations affords the very reason why the present attempt can be the Committ-ee 011 War Claims. made with reasonable hope of success. By Mr. BRYCE: Petition of John Reeson for relief-to the Commit­ It would be most ungracious, and would present the appearance of unfriend· tee on Claims. liness on the part ot this country, if a proposition so commendable on general grounds, advocated by so considerable a portion of the British Parliament, a By Mr. BURNES: Memorial of Messrs. Austin, Darby, and others, number of whom crossed the ocean as a d eputation..for the express purpose of of St. Joseph, :Mo., regarding duties upon certain imported commod­ presenting it, should be treated with the discourtesy, either of silence or rejec­ ities-to the Committee on Ways and Means. tion, by a nation between whom and their own exist the strongest ties of kin- ship and commerce. • By Mr. CARUTH: Papers to accompany bill No. 10688, to pen~?ion We can not conceive that any sane man would pre!er war, with all its train of John K. Ferguson-to the Committee 011 Pensions. losses, woes, and death, and its unspeakable demoralizations, to a pacific sol u­ By Mr. DELANO: Petition of James W. Glover, of Oxford, N.Y., tion of any difficulty that m ay arise, which would allow the happiness of a great people to remain uninterrupted, the course of commerce to flow on in its accus­ for relief-to the Committee on the Post-Office and Post-Roads. tomed channels, and wealth and population to increase, unchecked by wanton By Mr. MoRAE: Petition of Hon. W. D. Leiper and 40 others, citi­ waste and destruction. zens of Hot Springs County, Arkansas, and of Thomas B. Green and For these reasons, fortified by the experience of the past and enforced by our hopes of the future prosperity of this country, we cordially support the propo­ others, citizens of Ouachita, Ark., for amendments to the interstate­ sition of the British deputation and entreat Congress to pass a joint resolutiOn commerce law-to the Committee on -commerce. instructing our Government to negotiate with the Government of Great Britain By Mr. ROCKWELL: Petition of Charles Hahneman, Company C, a treaty providing for the settling by arbitration of all differences whatever be· tween the two countries which tail to reach a satisfactory solution throu~:h the Forty-first New York Volunteers, for increase of pension-to the Com­ ordinary channels of diplomacy, to the end that all disastrous effusion of blood mittee on Invalid Pensions. by war between these kindred nations shall hereafter forever be avoided. By Mr. STOCKDALE: Petition of execntor of Martha W. Dunbar, Joshua L. Bailey, Robt. E. Pattison, Jno. Wanamaker, Chas. H. Banes, David Scull, committee appointed by the governor of of Adams County, Mississippi, for reference of his claim to the Court Pennsylvania; Philip C. Garrett, George Dana Boardman, Rich­ of Claims-to the Committee on War Claims. ard Wood, T. P. Stevenson, W. F. Sadler, per order committee appointed by the Pennsylvania Auxiliary of the American Pe!l-ce Society. I am in sympathy with the movement above re· ·The following petition for an increase of compensation of fourth-class ferredto: James A. Beaver. We cordially unite in the foregoing JlOStmasters was referred to the Committee on the Post-Office and Post­ petition: Jas. Pollock, J. F. Hartranft, Heney 1\I, Hoyt, ex­ governorsot Pennsylvania; Edwin H. Fitler, mayor of Philadel­ Roads: phia; Daniel M. Fox, W. 8. Stokley, Samuel G. King, ex-mayors By Mr. J. llf. ALLEN: Of citizens of Dry Run, Miss. of Philadelphia; John Cadwalader, collector of the port; Louis Wagner, director public works; Robert P. Dechert, city con­ tJ.·oller; Henry Clay, receiver of ta.xes; Frank F. Bell, city treas­ urer; GeorgeS. Graham, district attorney; C. H. Krumbahar, high sheriff; B. B. Comegys, president Philadelphia. Na­ SENATE. tional Bank, 4205 Walnut street, Philadelphia; Geo. H. Stuart, president Merchant-s' National Bank; George Philler, president SATURDAY, July 28, 1888. First National Bank; L. D. Brown, president Seventh National Bank; Lindley Smyth. president Pennsylvania. Annuity and The Senate met at 11 o'clock a. m. Insnmnce Company; T. L. Erringer, president Philadelphia Prayer by the Chaplain, Rev. J. G. BuTLER, D. D. Trust and Safe Deposit Company; Sam R. Singley, president Provident Life and Trust Company; S. A. Caldwe~ president The Journal of yesterday's proceedings was read.and approved. Fidelity Trust and Safe Deposit Company; Thomas Coch­ PETITIONS AND 1\IEl\IORIALS. ran, president Guarantee Trust Company; Wm. Brockie, president Investment Company of Philadelphia; G. lU. Trout­ 'Ur. WILSON, of Iowa. I ha-ve had placed in my hana for-presenta­ man, president Central National Bank; Arthur 1\:t. Burton, Elliston P. :Morris, Thomas L. Gillespie, Geo. 8. Ranis, Jay tion to the Senate by the secretary of the Pennsylvania Auxiliary of Cooke, J. Simpson (Africa) president Union Trust Company; the American Peace Society, a memorial praying for such legislationas .Eugene Delano, of Brown Bros. & Co.; B. K. Jamison, banker ; will lead to the establishment of a system of arbitration, especially be­ Wm. Henry Larned (Larned, Haas & Handy); E. C. Knir.bt; Ed­ tween this country and Great Britain, for the settlement of .all disputes ward H. Coates (Edward H. Coates & Co.); Francis B. eeeves, (Reeves,J>a.rvin&Co.); William W.Justice (Justice, Bateman & without a resort to war. Co.); James Whitall (Whitall, Tatum & Co.); William Waterall \Ve have heard so much of late about -the J>Topriety of_practicing •the (William WateraU & Co.); J. C. Strawbridge (Strawbridge & Clothier); Geo. D. 1\!eCreary, vice president Market SLreet old maxim, "in peace prepare for war," -that this seems a fitting state­ Bank;.Joel J. Baily (Joel J. Baily & Co). ment of a different practice, in peace Jlrepare for its perpetuation. PHILADELPHIA, Jtcne 30, 1888. Tbe case is so well stated and the signers are of such a character that I desire to have the memorial-with the names printed in the RECORD. Mr. FARWELL -presented the petition of Joseph D. Tate, of Eureka It is signed by a committee of five appointed bythe governor of Penn­ Springs, Ark., praying that his pension may be increased to $100 per sylvania, a committee representing the Pennsylvania Auxiliary of the month; which was referred to the Committee on Pensions. American Peace Society, by three ex-go-vernors of the State of Penn­ EEPORTS OF OO:ID\fiTTEES. sylvania, and numerous other citizens prominent in the business affairs Mr. STEWART, from the Committee on Mines and Mining, to whom of the country. was referred the bill (H. R. 1216) for the investigation of the mining­ I ask that the memorial may be printed in the RECORD and referred debris question in the State of California, reported it with an amend­ o the Committee on Foreign Relations. ment, and submitted a report thereon. Mr. HOAR. May! inguirewbat the:purportofthememorial is? · Mr. WILSON, of Iowa, from the Committee on"Education and Labor, .M:r. WILSON, of Iowa. It is in favor of establishing a system of to whom was referred the bill (H. R. 8665) to create boards of nrbitm­ arbitration between the United States and Great Britain for the settle­ tion or commission for settling controversies and difl:erences between ment of disputes. railroad corporations and other common carriers engaged in interstate The PRESIDENT pro tempore. Does the Senator desire to have the · and Territorial transportation of property or passengers and their em­ names also printed in the RECORD? ployes, reported it without amendment.

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